Motorcycle accidents in Decatur, GA are some of the most dangerous types of crashes. Motorcyclists have little to protect them in collisions with other bikes or motor vehicles, which is why injuries suffered by motorcycle riders and their passengers tend to be particularly devastating.
If you were injured in a motorcycle accident in Decatur and believe that another party’s negligent actions were to blame, you may have the right to seek damages from the at-fault party’s insurance company and the legal team at The Super Lawyer can help with this.
Our Decatur car accident lawyers understand just how devastating motorcycle accidents can be and how they can leave you and your family facing an uncertain future. Call us today at 404-574-4308 to schedule your free, no-obligation consultation and case evaluation with one of our Decatur motorcycle accident lawyers.
How Can a Motorcycle Accident Lawyer Help With My Compensation Claim?
The motorcycle accident lawyers at The Super Lawyer in Decatur, GA will give you the legal representation that you deserve. Here are some of the ways our motorcycle accident lawyers can help with your compensation claim:
Gathering Evidence in Your Case
Our experienced Decatur motorcycle accident lawyers can use the resources at their disposal to fully and properly investigate your motorcycle crash and gather evidence in your case, which may include the following:
- Accident reconstruction with the assistance of experts
- Gathering information from police reports
- Talking to witnesses
- Gathering video evidence at the accident scene
- Examining statements
Taking Care of the Paperwork
Our experienced motorcycle accident lawyers will also obtain the documentation required to file a successful compensation claim, medical records for supporting your case, and file the required forms ahead of deadlines.
Handling Negotiations with the Insurance Company
One of the most important roles played by our motorcycle accident lawyers in your case is working to prove your claim with insurance adjusters. This includes providing all requested information, handling questions, and negotiating fair compensation for your injuries and losses.
Taking the Case to Court
Settling with the insurance company out of court is always the preferred outcome in motorcycle accident claims. Unfortunately, that’s not always possible. If settlement negotiations fail, our lawyers will pursue compensation for your injuries and losses in a court of law and represent you in a case if the matter goes to trial.
What Are the Most Common Causes of Motorcycle Accidents?
Motorcycle accidents may involve a collision with a bicycle, another vehicle, a pedestrian, or other property. Just like other auto accidents, a wide range of causes can lead to a motorcycle accident. Common causes of motorcycle accidents in Decatur, GA include:
- Distracted Driving: If a driver takes their eyes and/or mind off the road, it may cause them to miss seeing a motorcycle in the vicinity leading to a crash.
- Not Paying Attention to Motorcycles: If drivers fail to pay attention and yield to a motorcyclist, such as when making a left-hand turn, it may result in a crash.
- Drunk Driving or Drugged Driving: If a driver is under the influence of drugs or alcohol they may cause a crash with a motorcycle.
- Faulty Mirrors, Brakes, or Lighting: A poorly designed or manufactured motorcycle part can lead to serious injuries or even death resulting from the use of the defective part.
- Dangerous Road Conditions: Potholes, debris, crumbling pavement, and a lack of necessary road signs can all increase the chances of a motorcycle accident.
- Unexpected Pedestrians in the Road: Pedestrians crossing the road at undesignated points can be struck by motorcyclists resulting in serious injuries for both parties.
What Are the Motorcycle-Specific Laws in the State of Georgia?
It is the responsibility of all motorcycle riders in Georgia to obey the traffic laws and be conscious of other road users. The State of Georgia, just like most other states in the U.S., has several motorcycle-specific laws that all motorcycle riders are expected to follow. They include:
- Motorcycle riders in Georgia are allowed the full use of a lane, but two motorcyclists can ride side-by-side in the same lane.
- Motorcycle riders traveling at speeds greater than 75mph are considered ‘super speeders’ and are subject to a fine of $200.
- Motorcycle riders and their passengers are always required to have a helmet on at all times. The helmet worn must comply with the Georgia Department of Transportation standards.
- Motorcycle riders are required not to operate the motorcycle while carrying anything that prevents them from keeping both hands on the handlebars.
- Passengers are only allowed on motorcycles designed to carry more than one rider and are required to ride upon the seat.
- Motorcycle riders are required to wear protective eye gear at all times and are also required to have a windshield installed on their bike.
Unfortunately, even the most conscientious and experienced motorcycle riders are still vulnerable to accidents when sharing the road with other road users.
If you are ever in the unfortunate situation where you are in a collision with someone that doesn’t respect the motorcycle laws and is riding recklessly, you should consider hiring The Super Lawyer in Decatur, GA to represent you.
Our legal team can help you recover compensation for your injuries and perhaps even the damage to your bike too. Call us today at 404-574-4308 to schedule your free, no-obligation consultation and case evaluation with one of our experienced Decatur motorcycle accident lawyers.
What Are the Most Common Injuries Seen in Motorcycle Accidents?
Riders have little protection, which is why motorcycle accident injuries are usually quite serious and perhaps even fatal. While motorcyclists can sustain many types of injuries, those listed below are the most common:
Broken bones are some of the most common injuries resulting from motorcycle accidents. Since motorcycles usually topple over when involved in collisions, riders are usually thrown to the pavement. This may result in broken legs, arms, wrists, feet, and hips, with broken legs being the most common injuries in this category.
Road rash occurs if a motorcyclist slides across the pavement after being thrown off their motorcycle after being involved in a crash. Depending on the clothing worn by the rider when they hit the pavement, these types of injuries may range from mild bruising and minor scrapes to deep cuts and muscle damage or perhaps even nerve damage.
Head and Brain Injuries
Head and brain injuries are some of the most severe injuries that a motorcycle rider could suffer in a motorcycle crash. These types of injuries can have life-changing consequences, which include memory loss, chronic pain, mood swings, dizziness, fatigue, and more. Head and brain injuries can also be fatal.
Spinal Cord Injuries
Spinal cord injuries are another commonly reported type of injury resulting from motorcycle accidents and are usually quite serious. Victims often require long-term health care and rehabilitation and may require help with even basic daily tasks. Symptoms include nerve pain, difficulty breathing, and even paralysis.
How Is Fault Determined in a Decatur Motorcycle Accident Case?
To determine fault in a motorcycle accident case, you will first need to prove negligence. There are 4 main elements to proving negligence in a motorcycle accident:
- The defendant (at-fault party) owed you (the plaintiff) a duty of care.
- The defendant breached their duty of care.
- The defendant’s breach of duty of care led to your injuries.
- The plaintiff has damages from the accident.
Georgia’s Modified Comparative Fault Rules Can Further Complicate Your Case
Georgia is a modified comparative negligence state, which means that liability is apportioned on the basis of your involvement in the accident. You can still collect, even if you were partially at fault, but only if you were less than 50% at fault.
Your compensation for the motorcycle accident claim will also be reduced based on the amount of fault. So, if you were 30% at fault, your damage award would be reduced by 30% to account for your own actions.
What Type of Compensation Can I Receive for My Motorcycle Accident?
In Georgia, there are 3 main types of damages: economic, non-economic, and punitive.
Economic damages are also referred to as special damages and are aimed at financially compensating a victim for out-of-pocket expenses incurred as a result of the accident. Examples include but aren’t limited to:
- Past and future medical expenses
- Lost wages and lost earning capacity
- The costs of obtaining alternative domestic services
- Property loss, including any necessary replacements or repairs
- Burial or funeral costs
Non-economic damages, which are also known as general damages are aimed at compensating victims for the non-monetary losses related to the motorcycle accident. Examples include but are not limited to:
- Mental anguish or emotional distress
- Past and future pain and suffering
- Loss of consortium
- Physical impairment
- Scarring or disfigurement
Punitive damages are sometimes awarded, but this is rarely the case. They are intended to punish the perpetrator as opposed to compensating the victim. Punitive damages are awarded for conduct that’s so egregious, malicious, or has willful intent that it merits some sort of punishment above and beyond the recovery solely for the damages caused in the accident.
Why Was My Motorcycle Accident Claim Denied?
If the motorcycle accident was caused by the negligent or reckless actions of a driver, you might expect that the insurance company will compensate you for your injuries and losses. However, you should be prepared for the fact that your claim could be denied. Here are some reasons why your claim may be denied:
The Policy Was Canceled or Lapsed
Your motorcycle accident claim may get denied if your insurance policy has lapsed or was canceled. If that’s the case, your insurance provider cannot be held liable for any damage or losses incurred in the accident.
The Driver Was Not Insured Under the Policy
Your motorcycle accident claim could also be denied if the person riding the motorcycle at the time of the crash was not covered by the policy. In such a situation, you will likely not receive any compensation for your damages.
The Accident Is Believed to Be Your Fault
If the insurance company believes that you were at fault, especially if during your trial the jury concludes that you were 50% or more to blame for the crash, then rest assured that you’ll likely not receive any compensation and will have to cater for the cost of your losses and damages yourself.
The Insurance Company Doesn’t Believe You Were Really Hurt
The insurance company may also deny your claim if they believe that you weren’t really hurt in the accident. If you fail to receive prompt medical care after the accident, the insurance company could use this to argue that your injuries weren’t particularly serious, otherwise, you would have been examined by a doctor immediately after the crash.
The Insurance Company Doesn’t Think the Accident Is What Caused Your Injuries
Your motorcycle accident claim might also get denied if the insurance company does not think that it is the accident that caused your injuries. Furthermore, your claim could also be denied if you are unable to prove that the injuries sustained were a result of the accident.
If your motorcycle accident claim is denied for any of the reasons above, the experienced motorcycle accident attorneys at The Super Lawyer can help to review your insurance policy to determine whether the insurance company is telling the truth and explore other avenues of compensation.
Are There Time Limits to Filing a Claim in Georgia?
Yes. The time limit to filing a claim in Georgia is 2 years starting from the date of the accident. If you don’t file a claim within the 2-year period, you will be permanently barred from ever doing so in the future.
Injured in a Decatur Motorcycle Accident? We Can Help
A motorcycle accident can cause life-changing injuries, massive medical bills, and significant wage loss claims. If you or a loved one was injured in a Decatur, GA motorcycle accident, our team at The Super Lawyer can help you.
We are experienced and committed Decatur motorcycle accident lawyers who are ready and willing to fight for you. Call us today at 404-574-4308 for your free consultation and case evaluation. We look forward to hearing from you!