If you were injured in a motorcycle accident that was someone else’s fault in Georgia, you can seek legal recourse and recover damages for your losses. Fortunately, you don’t have to do it on your own. An Atlanta motorcycle accident lawyer can guide you through your case and help you secure the maximum compensation.
At Barnes Law Group, we have decades of experience working with clients who are in all types of accidents. Whether you’re dealing with minor damages or severe, lasting injuries, our Atlanta personal injury lawyers are here to represent you in court and secure you a fair settlement.
Motorcycles can pose unique risks to the people riding them and the vehicles driving on the road with them. There were 217,819 motorcycles registered in Georgia in 2022. While motorcycles make up approximately two percent of all registered vehicles in the state, they are often overrepresented in motor vehicle fatalities.
This is in part due to the fact that motorcyclists aren’t as protected as drivers, so an accident for them can result in much more serious injuries.
Common injuries from motorcycle accidents in Atlanta include:
Regardless of the extent of your injuries after an accident, it’s important to seek medical attention to get an official all-clear from a doctor. Then, you should reach out to an Atlanta motorcycle accident lawyer to figure out how to pursue legal action for your losses.
After a motorcycle accident, it’s important to get everyone out of immediate danger. Then, you can contact the police to report the accident. Under Georgia law, you’re required to report any incident to the police that involves death, injury, or property damages above $500.
Be sure to give your own statement at the scene—don’t rely on others’ points of view for the police report. It’s also wise to obtain a copy of the police report for your own records. While you’re on the scene, be sure to document as much of the accident as possible and take thorough notes. Exchange information with the other driver(s) involved and get information from any witnesses, too.
As soon as you’re able, report the accident to your insurance company, even if you weren’t at fault in the accident. It’s wise to consult with an Atlanta personal injury lawyer to understand your options when it comes to filing your claim for a motorcycle accident.
If you decide you want to file a claim against the at-fault driver, you must do so within two years of the accident, although you can file a property damage claim within four years. In the case that a government-owned vehicle was involved in the crash, you must file a notice of intent to file a case within one year of the accident.
There were a total of 384,527 vehicle crashes in Georgia in 2022, including 1,704 fatal accidents. Most car accident cases settle out of court through negotiations with the at-fault driver’s insurance company. However, your case may go to trial if you can’t reach a settlement agreement through mediation or arbitration. You can recover damages for a car accident so long as you’re found to be less than 50 percent at fault.
In 2024, there were 3,093 vehicles involved in accidents in Georgia. It’s important to stay vigilant on the road and to avoid dangerous roadways when you can to protect yourself and others in the community.
Georgia is a modified comparative negligence state, meaning you can recover damages for the injuries you sustained in an accident as long as you’re not 50 percent or more at fault for the situation. Your settlement amount is dependent on how much of the fault you contributed to an accident. That’s why it’s important to have solid evidence that establishes fault without a doubt.
If you can prove that you were not at fault for an accident, you can seek the maximum settlement amount. Otherwise, you can expect your settlement amount to be reduced by the percentage of your fault in the accident.
It’s important to collect evidence that proves your case from the moment the accident happens. Working with an Atlanta personal injury lawyer can make the process of collecting evidence easier, but you can still do your part at the scene of the accident.
Be sure to take photos and videos and write as many notes about the conditions on the day of the accident as you can. Collect witness statements and contact information if you can, and get a copy of the police report number, too.
One of the most important things you can do is exchange contact information and insurance information with the other driver(s) involved. Once you meet with your Atlanta motorcycle accident lawyer, they can help collect more evidence, such as:
Motorcycle accident claims can cover economic and non-economic damages depending on the details of the case. Georgia doesn’t use no-fault medical coverage, which covers medical expenses for people in vehicle accidents regardless of fault.
Since Georgia doesn’t apply this form of personal injury protection (PIP), you can recover your medical expenses from the at-fault party as part of your settlement. Moreover, you can seek compensation for ongoing medical treatments such as physical therapy.
Other than medical expenses, here are some other damages you can recover from a motorcycle accident claim:
Riding a motorcycle comes with inherent risks, and it’s important to understand them so you can keep yourself safe on the road. Many causes of motorcycle accidents can be connected back to the motorcycle driver’s error.
One of the top causes of motorcycle crashes nationwide is driving under the influence of drugs or alcohol. Alcohol can negatively affect the brain even when your blood alcohol concentration is within the legal limits.
Drinking can impact your judgment and reasoning, as well as your balance and coordination. Moreover, it can inhibit your reaction time. All of these are important to have when it comes to operating a motorcycle, so it makes sense that driving under the influence leads to more accidents.
Driving under the influence isn’t the only dangerous way to drive. Motorcyclists can also engage in reckless driving behaviors by driving while emotionally distraught or fatigued. Engaging in road rage behaviors also constitutes dangerous driving.
Speeding is another leading cause of motorcycle accidents. Speed-related crashes can be especially deadly because higher speeds can result in more severe injuries. Speeding is prominent in all age groups of motorcyclists, making it a prominent problem on the roads.
Accidents also happen due to distracted or inexperienced driving. Motorcyclists are just as guilty as drivers of breaking the rules of the road sometimes. While it’s arguably more difficult for a person on a motorcycle to get distracted than a person in a passenger vehicle, it’s still possible.
Motorcyclists can still disobey laws, drive under the influence, engage in road rage, speed, and more. New riders also contribute to motorcycle accidents in Georgia. Inexperienced motorcyclists may be less able to maneuver out of dangerous situations on the road.
This makes them more prone to getting into accidents. It’s important to undergo proper training before getting out on the road and to continue that training after you’ve gotten your license.
The involvement of a motorcycle in an accident doesn’t change your rights to seek compensation for damages, whether you’re the one on the motorcycle or not. By working with an Atlanta motorcycle accident lawyer, you can build a strong case to secure the maximum compensation for your losses.
Beyond driver error, other common causes of motorcycle accidents include:
Motorcycles don’t provide as much protection as vehicles, which means it’s not uncommon for a motorcycle accident to end in a fatality. There were 221 motorcycle accident fatalities in 2022. There were another 196 motorcycle fatalities in Georgia in 2023. With the rate of motorcycle accidents continuing to affect Georgia residents, it’s important to understand all the laws that pertain to motorcycle accidents.
If you have lost a loved one to a motorcycle accident that was someone else’s fault, you may be entitled to seek compensation through a wrongful death case. You can file a wrongful death case within two years of the victim’s death.
In Georgia, you are allowed to file a wrongful death case if you’re the decedent’s surviving spouse, child, parents, or representative for their estate. The surviving spouse is the first in line with the right to receive compensation for a case. They can also act in the best interest of any surviving minor children.
Wrongful death compensation is determined by what the victim lost. Georgia juries consider the value of their life, including their wages, benefits, and investments. Moreover, they look at the intangible value of their life. You can often claim damages such as:
By working with an Atlanta motorcycle accident lawyer, you can build a case that tactfully demonstrates what the decedent’s life was worth. That way, you can secure the maximum compensation and hopefully be able to move forward with life after a loved one dies in a motorcycle accident.
While it’s important to report an accident to your insurance company, it’s also wise to exercise caution when it comes to what you share with them or the at-fault party’s insurance. Insurers are going to try to spend the least amount of money possible, which means they are not going to offer you the maximum settlement amount before you enter into negotiations.
It’s up to you and your lawyer to negotiate and work for the settlement offer you believe you deserve. An Atlanta motorcycle accident lawyer can skillfully represent you through negotiations. Insurance companies may pressure you to make a statement right away. Avoid disclosing any financial statements or details related to your losses when speaking to your insurance companies. It is beneficial to only speak with these parties when your attorney is present.
It’s wise to follow these rules even with your own insurance company. While you’re likely to be working with the other driver’s insurance, your insurance provider may come into the picture if the at-fault party is uninsured or underinsured. In these situations, your insurance may take care of the remaining settlement amount. They can use any information you share with them to dictate how much more you are owed for an accident.
At Barnes Law Group, we have experience in dealing with the predatory tactics of insurance companies. We know how to avoid saying things that negatively impact your case so you can secure the most compensation possible and feel secure throughout your personal injury case.
A: The amount you can win from a motorcycle accident case in the city of Atlanta depends on a few factors, including the complexity of the case and the extent of your injuries. You can seek to recover both economic and non-economic damages in personal injury cases like these, including emotional distress, loss of income and future earning potential, medical expenses, pain, suffering, property damages, and more.
A: The cost to work with an Atlanta motorcycle accident lawyer can vary, but you can typically expect not to pay any upfront costs. Many Atlanta injury lawyers work on a contingency fee basis, which means they collect their fees as a percentage of your settlement amount. Through this arrangement, you don’t have to pay if you don’t win.
A: The length of time it takes to get through a motorcycle accident settlement depends on the insurance company’s willingness to cooperate. This typically dictates how quickly you can reach a settlement agreement. In some cases, insurance companies won’t raise their offers high enough. In these situations, you may want to consider going to trial. This can add a lot of time to the case, but may ultimately secure you better compensation.
A: Some common mistakes people make after a motorcycle accident include delaying medical treatment, not documenting the scene of the crash, not seeking legal advice, and sharing too much information with the police or someone other than your attorney.
Even if you don’t think you’re seriously injured, it’s wise to get cleared by a doctor. Moreover, it’s important to collect as much information as possible to protect yourself. An Atlanta motorcycle accident lawyer can help you through this process.
If you’ve been injured in a motorcycle accident due to another driver’s fault in Georgia, you may be entitled to compensation. With the help of an Atlanta motorcycle accident lawyer, you can protect your rights and seek the compensation you’re owed.
Navigating a personal injury case in the wake of a bad accident can be stressful and overwhelming. Barnes Law Group is dedicated to taking as much stress off your shoulders as possible, allowing you to focus on healing and moving forward with life.
Our team has experience in handling all types of personal injury cases in Atlanta and beyond, including motorcycle accident injury claims. If you’re ready to discuss your case in more detail, contact us to set up an appointment with an Atlanta motorcycle accident lawyer today.
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