Motorcycle accidents, contrary to popular belief, aren’t always the biker’s fault in most cases. In fact, a large percentage of collisions are caused by car or truck drivers. Unfortunately, it is the biker that usually suffers the brunt of the damage from the crash.
If you were involved in a motorcycle accident, you need the services of our Sandy Springs motorcycle accident lawyers at The Hurt Boss. We can help you hold the at-fault party responsible and recover compensation. Call our Sandy Springs auto accident lawyers today at 678-806-7715 to schedule your free consultation.
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How Can a Sandy Springs Motorcycle Accident Lawyer Help With My Compensation Claim?
Motorcycle accident victims often believe that they can handle the process of filing an insurance claim on their own. However, it is usually better to find a motorcycle accident lawyer to help you present a strong case so that you can get the compensation you deserve.
Here are the ways our motorcycle accident lawyers can help with your compensation claim:
- Organizing and analyzing the key evidence and records in your case.
- Presenting the evidence to prove liability and damages.
- Communicating with the at-fault party’s insurance company.
- Gathering the necessary evidence with respect to fault for the motorcycle accident.
- Communicating with your healthcare providers to obtain missing records.
- Working with your healthcare providers to ensure that they provide the necessary medical information to prove damages in your claim.
- Networking with experts and investigators to strengthen your case.
- Negotiate a settlement with the insurance company to get you the compensation you deserve.
Getting injured in a motorcycle accident in Sandy Springs, GA doesn’t mean that you have to navigate the legal waters on your own. Call The Hurt Boss today at 678-806-7715 to schedule your initial consultation and we will review your case for free.
What Are the Most Common Causes of Motorcycle Accidents?
Motorcycle accidents are often avoidable and preventable. While the vast majority of motorcycle accidents are caused by many of the same things as those that cause car accidents, some are specific to motorcycles. Here are some of the most common causes of motorcycle accidents in Sandy Springs, GA:
- Distracted Driving: Anything that takes visual, cognitive, or manual attention away from a driver can lead to serious injury or even a fatality to a motorcyclist nearby.
- Failure to Pay Attention to Motorcycles: Drivers that make lane changes without carefully checking their surroundings put motorcyclists in danger of a serious collision.
- Drunk or Drugged Driving: Drunk or drug-impaired driving affects the ability of a driver to operate their vehicle safely and react quickly when necessary.
- Faulty Brakes, Lighting, Mirrors, or Tires: Motorcycles can be subject to many types of manufacturer defects and maintenance issues as they apply to mirrors, brakes, tires, etc.
- Sudden Stops: Severe injuries or even fatalities are often reported when there’s a rear-end collision caused by a car stopping too suddenly without warning.
- Unexpected Pedestrians in the Road: It is easy for a motorcyclist to lose control of their bike if they encounter an unexpected pedestrian crossing the road at an undesignated spot.
Motorcycle Accident Statistics
Georgia motorcycle traffic safety fact datasheet reveals that while motorcycles represent just 2 percent of registered vehicles, motorcyclists are overrepresented in traffic fatalities. Motorcyclists represented 11 percent of the total traffic fatalities in 2019 and 21 percent of total driver fatalities.
3,948 motorcycle accidents were reported throughout Georgia in 2019, involving a total of 4,269 motorcyclists. Motorcyclist fatalities have increased steadily in recent years. 139 fatalities were reported in 2017, 154 in 2018, 170 in 2019, and 179 in 2020.
What Are the Motorcycle-Specific Laws in Georgia?
Motorcycles are expected to follow all the traffic laws and rules that cars and trucks follow on Georgia highways. Still, a few motorcycle-specific laws apply only to motorcycles:
- No Lane Splitting: Motorcyclists aren’t allowed to ride on the lane dividing lines to travel in between cars, which is popularly known as “lane splitting.”
- Limit to 2 Bikes to a Lane: Motorcycles are small enough to travel side by side in a single lane, which means that motorcyclists can share lanes, but only 2 for each lane.
- Helmets are Mandatory: Letting your hair flow in the wind might feel nice, but it isn’t a safe experience. Motorcyclists in Georgia are required to wear helmets for their own safety.
- Have a Windshield or Wear Eyewear: Proper eyesight is critical to your safety and the safety of other road users. That’s why motorcyclists in Georgia are required to either have a windshield on their bikes or wear protective eyewear.
- Motorcycle License: A Class M license is required to operate a motorcycle in Georgia, which involves passing a knowledge, skills, and vision test.
- Handlebar Requirements: A motorcycle’s handlebars cannot be more than 15 inches above the seat in Georgia.
- Mirrors: Motorcycles in Georgia must have at least 1 side mirror.
What Are the Most Common Injuries Seen in Motorcycle Accidents?
Motorcycle accidents in Georgia may vary from minor to severe. Here are some of the most common injuries seen in motorcycle accidents:
- Crushed Limbs
- Road Rash
- Head and Brain Injuries
- Muscle Damage
- Broken or Fractured Bones
- Back, Neck, and Spinal Cord Injuries
- Severe Burns
- Post-Traumatic Stress Disorder
- Internal Injuries
How Is Fault Determined in a Sandy Springs, GA Motorcycle Accident?
If you file an insurance claim or personal injury lawsuit for a motorcycle accident in Georgia, your case will likely involve the legal theory of negligence. Negligence refers to the failure to uphold one’s duty of care, resulting in an accident or injury to others.
Negligence usually takes the form of driver errors, such as driving carelessly or violating a traffic law. To prove negligence after a Sandy Springs motorcycle accident, you must prove the following 4 legal elements:
Duty of Care
The duty of care refers to the legal responsibility owed to you by other motorists on the roads that you equally owe to them. Drivers have a duty of care to follow the traffic laws and drive safely. If this duty of care is broken, it could be due to the driver’s negligence.
Breach in Duty of Care
You then have to prove that the duty of care was actually breached. For instance, if the driver was under the influence of alcohol or drugs at the time of the accident, they would be in breach of their duty of care to other motorists.
The existence of a breach in the duty of care is far from sufficient, by itself, to prove negligence. Besides proving the breach in duty of care, you are also required to prove that the breach directly caused the accident.
The final legal element that you must prove to establish negligence in a motorcycle accident case in Georgia is that you have suffered losses, which are also referred to as damages as a result of the accident.
To get help proving negligence after a Sandy Springs, Georgia motorcycle accident, you should contact our experienced motorcycle accident lawyers at The Hurt Boss at 678-806-7715 as soon as possible.
Georgia’s Comparative Negligence Laws
Even though you might believe that you were partially at fault for your motorcycle accident, you can still pursue and receive compensation from other parties involved. In this case, Georgia’s comparative negligence law will affect how much compensation you can recover following your accident.
Under Georgia law, you can recover damages in motorcycle accident cases if you can demonstrate that you were less than 50% at fault for the accident. The compensation received, however, will be lower based on your percentage of fault.
What Type of Compensation Can I Receive for My Motorcycle Accident?
A motorcycle accident can leave you staring at many losses and costs. In a personal injury case, they are referred to as “damages.” Below are some of the most common types of damages that you can pursue following your motorcycle accident:
The economic damages include the costs of losses that can be easily and objectively quantified. The most common types of economic damages you can seek in motorcycle accidents in Georgia include but aren’t limited to:
- Medical expenses (past, current, and future)
- Lost wages
- Loss of future earning capacity
- Property loss, including any replacement or repairs
- Any burial or funeral costs
- The costs of obtaining alternative domestic services
Unlike economic damages, non-economic damages cannot be easily and objectively quantified since they reflect non-physical losses or injuries. Non-economic damages in Georgia motorcycle accidents include but aren’t limited to:
- Emotional distress
- Mental suffering
- Pain and suffering
- Loss of consortium
- Loss of companionship
- Injury to reputation
Under Georgia law, punitive damages can only be awarded in injury cases where the actions of the at-fault party showed willful misconduct, wantonness, fraud, malice, oppression, or behavior that showed indifference to consequences.
Punitive damages are intended to punish the wrongdoer and discourage further unacceptable behavior as opposed to simply compensating the victim. Punitive damages are usually only awarded in specific situations such as DUI motorcycle accident cases.
A key part of any personal injury claim is being able to identify which damages you can claim and calculate the value of damages suffered in your motorcycle accident. The skilled Sandy Springs motorcycle accident lawyers at The Hurt Boss can assist you with this and more if you enlist our help. Call us today at 678-806-7715 to schedule a free consultation with our experienced lawyers.
Why Was My Motorcycle Accident Claim Denied?
Insurance companies regularly use a wide range of excuses for refusing to fairly compensate motorcycle accident victims in Georgia. While some of the reasons used to justify denying injury claims may be valid, many of them are flat-out wrong.
Here are some common reasons why your motorcycle accident claim could have been denied:
- The insurance company believes the accident was your fault.
- The insurance policy had lapsed or was canceled at the time of the accident.
- The insurance policy doesn’t cover the type of accident that caused the injury.
- The policy limits have been exhausted.
- The insurance company does not believe you were really hurt.
- The insurance company believes that the injuries were the result of a prior accident or pre-existing condition.
- The rider at the time of the accident wasn’t insured under the policy.
A denial of a claim isn’t the end of your personal injury case. You can contest an insurance claim denial in a variety of ways, including filing a lawsuit. Our Sandy Springs motorcycle accident lawyers at The Hurt Boss can help you fight for the compensation you deserve after an accident or injury.
Are There Time Limits to Filing a Claim in Georgia?
Yes. Georgia requires motorcycle accident victims to file claims within a limited time. Injured motorcyclists in Georgia have 2 years starting from the date of the accident to file a claim. Failure to file within the 2-year period can result in dismissal of the claim and the inability to recover damages.
Injured in a Sandy Springs Motorcycle Accident? Get the Representation You Deserve!
Motorcycle accidents are an unfortunate but all too common occurrence in Sandy Springs, GA. Accident victims often require extensive medical care and time off work, which entitles them to substantial compensation from the at-fault party’s insurance company.
If you were injured in a Sandy Springs motorcycle accident or you lost a loved one in such an accident, the best way to fight for your rights and get the maximum compensation possible is to hire an experienced motorcycle accident lawyer.
At The Hurt Boss in Sandy Springs, we have the experience, resources, and knowledge to handle all types of motorcycle accident cases. Let us handle your claim so that you are free to focus on what really matters, which is your health/recovery and your family.
Call us today at 678-806-7715 to schedule your free, no-obligation consultation and case evaluation. We are looking forward to hearing from you.