Motorcycle accidents in Georgia are often responsible for serious injuries. However, it can be extremely challenging to understand how a motorcycle accident claim works to recover compensation.
If you have been in a motorcycle accident, our lawyers can help. With years of experience in handling a variety of cases, we know how to navigate the complexities of the legal system. We understand that motorcycle accidents can result in a range of injuries, from minor to severe, and we are here to help you pursue the compensation you deserve. Even if you were not wearing a helmet at the time of the accident, we can still assist you in seeking the compensation you need to get back on your feet.
For a free case evaluation with our Georgia motorcycle accident lawyers, call Howe Law today at (844) 876-4357.
How to Recover Compensation in a Motorcycle Accident Claim in Georgia
In Georgia, if you are involved in a motorcycle accident, you can pursue compensation from the driver’s insurance company or file a lawsuit against the negligent driver to recover damages. Fortunately, our Atlanta motorcycle accident attorneys can help you navigate the difficult path to compensation. However, dealing with insurance companies can be difficult, especially if you have been injured. As an at-fault state, Georgia allows you to file a lawsuit against a negligent driver if your insurance claim is denied or if you are not offered a sufficient settlement amount.
Unfortunately, insurance companies might not treat motorcyclists fairly during settlement negotiations. They might argue that you contributed to the accident and offer you a lower settlement than you deserve. Additionally, insurance companies usually only compensate you for economic damages, such as medical costs and lost wages, and not for non-economic damages, like pain and emotional suffering.
If you have been the victim of a hit-and-run motorcycle accident, you might still be able to recover compensation. If you have car insurance and uninsured or underinsured motorist coverage, you could file a claim with your insurance provider. It is also possible to investigate the accident to determine if there is evidence that can help identify the driver. If a hit-and-run driver is found, you might be awarded punitive damages, which are meant to punish the driver for their criminal behavior.
Navigating the aftermath of a motorcycle accident can be difficult, which is why it is important to seek the help of experienced Georgia personal injury attorneys. They can help you recover both economic and non-economic damages by filing a lawsuit against the negligent driver.
Who Can Be Sued for Motorcycle Accident in Georgia?
Motorcycle accident lawsuits can be intricate and multifaceted. The intricacy of such cases depends on a variety of factors, such as who caused the accident and whether they are solely responsible for your injuries. In certain instances, it is possible that multiple parties might have acted negligently, which could have led to your accident. Moreover, it is not uncommon for your motorcycle manufacturer or a government entity in Georgia to be held responsible for your injury due to their negligence.
The Driver
It is common for drivers of other vehicles to be at fault for causing injuries to motorcyclists in Georgia. This is because they often fail to notice motorcycles and can cause accidents due to momentary distractions or carelessness. In cases where multiple drivers are involved in an accident, each driver would be accountable for their portion of the damages. For instance, if one driver is speeding and rear-ends another vehicle that was making an illegal lane change, causing it to collide with your motorcycle, both drivers would be responsible for paying damages that relate to their actions.
Commercial Drivers and Employers
In the event that an employee acted irresponsibly while performing their job responsibilities, leading to a motorcycle accident, the employer could be held accountable for any resulting harm. For instance, if you were injured while a driver was transporting goods on behalf of their employer, both the driver and the employer can be legally pursued through the concept of respondeat superior. This legal doctrine holds employers responsible for their employee’s actions if the actions were performed within the scope of their employment.
Motorcycle Designers and Manufacturers
If an accident was caused or contributed to by a defective part on your motorcycle, you might have grounds for a claim against the manufacturer or importer, especially if it was a foreign-made bike. The manufacturer might have been negligent by not designing the motorcycle safely or failing to alert consumers about any known risks associated with their product.
State and Local Governments
Sometimes, a motorcyclist sustains injuries due to poor road conditions or other hazards for which the Georgia government is responsible. For example, hitting a pothole that is difficult to detect can throw a rider off their bike, resulting in injuries. In such cases, you might be able to file a lawsuit for negligence if the city was aware of the pothole and failed to fix it. However, suing a government entity entails additional legal rules, making these cases complex.
Can I Recovering Compensation in a Georgia Motorcycle Accident Claim if I Was Not Wearing a Helmet?
In Georgia, all motorcycle riders and passengers are required by law, specifically the O.C.G.A. § 40-6-315, to wear helmets that meet Georgia’s Commissioner of Public Safety standards. If you were not wearing a helmet during a motorcycle accident in Georgia, you can still seek compensation, but the amount you can recover will be reduced due to comparative negligence.
This legal principle means that your recovery award will be reduced based on your percentage of fault for the accident and any injuries you sustained. Georgia’s comparative negligence rule is called the modified comparative fault rule. If you are found to be 50% or more at fault for the accident or injuries, you will not be eligible for any compensation. However, if you were not wearing a helmet, it is still possible to demonstrate that the other driver was more at fault.
How Long Do I Have to File a Motorcycle Accident Lawsuit in Georgia?
If you have been involved in a motorcycle accident in Georgia, it is crucial to take prompt action and initiate your case as soon as possible. According to O.C.G.A. § 9-3-33, the statute of limitations for filing a motorcycle accident lawsuit in Georgia is two years from the date of the injury. This means that you have a limited time to file your lawsuit with the court; failure to do so within the specified time frame will result in the dismissal of your case. As such, it is imperative that you act quickly and seek legal help to ensure that your rights are protected and that you are able to pursue the compensation you deserve.
Our Georgia Motorcycle Accident Attorneys Can Help
Contact Howe Law at (844) 876-4357 for a free review of your case with our Marietta, GA motorcycle accident attorneys.
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