Motorcycles provide little protection to their riders, so when an accident occurs, the results can be tragic. Both drivers and passengers can sustain painful, life-threatening injuries. After being in such a collision, suing the at-fault driver may be the last thing on your mind. However, to preserve your ability to recoup damages, you must not delay.
Turning to a Roswell motorcycle accident lawyer can allow you to focus on healing while still pursuing the compensation necessary to address your financial, physical, and emotional distress. To get started on discussing the details of your claim, schedule a consultation with one of our skilled attorneys today.
In Georgia, motorcycle fatalities outnumber automobile deaths. To reduce this number, the Official Code of Georgia Annotated (Georgia Code) § 40-6-315(a) establishes one of the nation’s strictest helmet laws, requiring both drivers and passengers to wear one.
While helmets help shield head from serious damage, the rest of your body remains exposed, leaving you subject to grave bodily harm. Motorcycles have no crumple zones, airbags, protective sides, or roofs. You will likely absorb a direct hit from any impact and also risk ejection from your motorbike in the event of a collision.
People assume that unsafe driving by the biker, such as splitting lanes, causes most accidents, but that is not usually the case. Other drivers on the road are equally capable of initiating wrecks with motorcycles because of distractions, intoxication, aggressive driving, and not checking blind spots. Surprisingly, other at-fault drivers often claim that they did not see the bike.
In single-vehicle accidents where only the motorcycle crashes, liability may not rest solely with the biker. Faulty manufacturing, flawed parts, subpar servicing, or road conditions (such as potholes and road debris) may trigger the wreck. Accident attorneys familiar with motorcycle smashups will investigate all these avenues to help you decide the best path forward for obtaining adequate compensation either by settlement or through trial.
Georgia Code § 51-12-1 categories compensatory damages into two forms – economic and noneconomic (also called special and general). These damages aim to help those injured restore their lives both financially and emotionally:
You may receive these and other expenses without concern for a statutory cap. However, Georgia Code § 51-12-33 may reduce the amount you entitled to based on the percentage of fault attributable to you. If the injured party bears the majority of the blame (51 percent or more), you recover nothing. It is crucial to consult a dedicated motorcycle accident attorney who understands Georgia’s comparative negligence law to avoid this harsh result.
Under Georgia Code § 51-12-1, victims of motorcycle accidents may recover general and special damages. However, eligibility for these damages requires compliance with Section 9-3-33, requiring you to file your complaint within two years of the accident. Alleging wrongdoing on the part of a government entity will reduce this time frame, sometimes to as short as six months (O.C.G.A. §§ 36-33-5, 50-21-26).
Physical and emotional healing should be your priority immediately after experiencing a motorcycle crash. However, medical expenses and other bills will quickly accumulate, especially if you cannot return to work because of your injuries. That is where we come in. Our Roswell motorcycle accident lawyers are both tough and compassionate. We will take on the burden of fighting for your financial stability, so you can focus on your physical and emotional well-being. Call us today for a consultation.