Last Updated on November 15, 2020 by Theodore Spaulding
At Spaulding Injury Law, we are no strangers to motorcycle accidents. But we know that for many people, the aftermath of a serious accident is the first time they’ve ever needed to talk to a lawyer. You likely have many questions, and we want to help however we can. That’s why we put together this guide to some of the most frequent questions we get about motorcycle injuries and motorcycle accident claims.
At our law firm, our attorneys work directly with our clients in all cases. Our attorneys have more than 25 years of combined experience handling personal injury cases, and founding attorney Theodore Spaulding has been named one of the Top 100 Trial Lawyers in Georgia by the National Trial Lawyers for six straight years. Contact us today for your free consultation, and let us answer the specific questions you have about your case.
Do I Need a Motorcycle Accident Lawyer?
If you’ve been hurt in a crash that was caused by someone else, you need a skilled motorcycle accident lawyer to fight for the full amount of compensation you deserve for your injuries. You may be in serious pain from your injuries, leaving you in no condition to investigate your case and argue with aggressive insurance adjusters.
While you focus on getting the treatment you need, your motorcycle accident attorney can gather evidence to support your claim, document your injuries, handle communication with the other parties involved in your accident, and fight for every dollar you are entitled to receive.
What Are Common Causes of Motorcycle Accidents?
Motorcycle accidents can happen for a number of reasons, many of them related to human error. In particular, many accidents are the result of drivers not paying enough attention to motorcyclists in their path or violating the motorcyclist’s right of way. Some of the most common causes of motorcycle crashes include:
- Left-turn accidents caused by inattentive or aggressive drivers not yielding the right of way at intersections
- Rear-end accidents because the driver was following too closely or the motorcycle had to stop suddenly
- Distracted driving, such as talking on the phone, sending or reading a text message, eating or drinking, adjusting the music, etc.
- Driving while fatigued, especially among commercial truck drivers
- Driving while drunk or under the influence of other drugs
- Aggressive driving
- Bad weather
- Obstacles in the road
- Poor road conditions
What Is My Motorcycle Accident Case Worth?
The amount of money you can potentially recover from a motorcycle accident claim will depend on the circumstances of the accident, the extent of your injuries, how well your injuries are documented, and other factors.
These are some of the losses you can seek compensation for:
- Your medical bills (doctor’s visits, surgeries, physical therapy, prescriptions, etc.)
- The cost of any ongoing medical care you might need in the future
- Your lost wages
- Your reduced ability to earn a living in the future
- The value of any damaged or destroyed property, such as your motorcycle
- Your physical pain and mental anguish
- Your diminished quality of life
- The loss of emotional or financial support from a family member, if someone else was injured in a crash
Georgia uses a modified comparative negligence system for determining compensation in personal injury cases, which includes motorcycle accidents. For accident victims, this means you can pursue compensation for your injuries as long as you do not bear the majority of the responsibility for causing the accident. If you are partially responsible for the accident, your compensation will be reduced by the percentage of fault that you bear.
For example, let’s say the courts determine that you’re entitled to $100,000 for your injuries, but they also say you were 25 percent responsible for causing the crash. Because you were found to be 25 percent responsible, your compensation would be reduced by $25,000. Therefore, you would receive $75,000 in compensation.
Do I Need a Helmet to Ride a Motorcycle in Georgia?
Compared to many other states, Georgia has strict rules for wearing a helmet while riding a motorcycle. Helmets are required for both riders and passengers at all times, and the helmet must meet certain safety specifications from the U.S. Department of Transportation. Furthermore, motorcyclists must also have a windshield, an enclosed cab, or an eye-protective device that’s been approved by the state commissioner of public safety.
If you are involved in a motorcycle accident and you weren’t wearing a helmet, that does not negate your right to pursue compensation. Your compensation may be reduced because you weren’t following helmet regulations, but you are likely still entitled to compensation for damages caused by the other driver’s actions.
How Can Spaulding Injury Law Help with My Motorcycle Accident Case?
The attorneys at Spaulding Injury Law have extensive experience successfully handling motorcycle accident claims. Our firm has helped victims collect millions of dollars in compensation for accident victims across Georgia. Here’s how our lawyers will fight for you:
- Launch an immediate and thorough investigation into your accident to determine who was at fault. You will need extensive evidence to support your motorcycle accident claim. Potential evidence includes the accident report from law enforcement, witness statements, photos from the scene, traffic or security camera footage, medical records, and expert testimony from accident reconstruction teams and others.
- Handle all the necessary communication with the other parties involved in your accident. It’s very important to watch what you say and the information you share when it comes to motorcycle accident claims. If you’re not careful, the other driver’s insurance company can use your words against you to get your compensation reduced or even get your case thrown out entirely. A motorcycle accident attorney from our firm will make sure the other parties involved in your case get the information they need while not jeopardizing the value of your claim.
- Negotiate vigorously for the maximum settlement possible while also preparing for trial. Most motorcycle accident claims are settled out of court, but sometimes it’s necessary to go to trial to get what you deserve. We’ll argue aggressively for a settlement that gives you what you’re entitled to receive, and if that fails, we aren’t afraid to bring your case to court.
Ready to schedule your free initial evaluation? Contact us today.