Suing for a motorcycle accident can help you get compensation that you might not see if you try to file an insurance claim alone. Our lawyers have experience helping auto accident victims get the damages they need paid after a crash, and we can help you after your motorcycle accident case.
If you faced any injuries whatsoever in a motorcycle crash that happened through no fault of your own, it is likely you have a strong case. Especially if you collected evidence at the scene of the accident and saved your medical records or can get access to them, our lawyers can help you build a strong case to hold the at-fault driver liable for your injuries, lost wages, pain and suffering, and other damages related to your crash.
For help, call the Atlanta motorcycle accident lawyers at Howe Law right away at (844) 876-4357.
Proving Fault in a Motorcycle Accident Case in Duluth, GA
When a driver causes a crash on the road, they usually do so because of some type of error. This error or mistake is the primary focus of what we call a “negligence” lawsuit. Rather than accusing the driver of doing something intentionally – which is harder to prove – our motorcycle accident attorneys typically claim that they did something wrong in violation of a legal duty that they owed you. This forms the basis of the claim, and this violation can happen in a few different ways in a motorcycle crash.
The main way accidents happen is when drivers commit traffic violations on the road. Speeding, running a red light, changing lanes without signaling, and drunk driving can all be quite dangerous, and they are all illegal. If one of these violations led to your crash, the driver who violated the law is typically at fault. Even somewhat minor violations like failing to signal can be dangerous in the right circumstances.
Alternatively, or in addition to these violations, the driver might have done something else that was dangerous but not necessarily illegal. In these cases, you have to show that what they did was outside of what a reasonable driver would do in the same situation. These unreasonable mistakes can also form the basis of your claim.
Beyond proving this breach of duty, you must also show that their mistake caused your crash. If another party intervened and that caused the accident instead, you might want to consider suing that party instead or in addition to this defendant. If you caused the accident yourself, that can be accounted for by assigning you partial blame and reducing your damages.
Damages for Motorcycle Accident Victims in Duluth, GA
Victims of serious motorcycle accidents often face substantial injuries. Broken bones, severe scrapes and cuts, back injuries, head injuries, facial scars, and crush injuries are quite common in motorcycle crashes. Victims might leave the scene in an ambulance and later find out that they now face permanent disabilities or long-term injuries that will affect them for years to come. These injuries inevitably come with many economic and non-economic harms to account for as damages in your case.
Medical Care Costs
First, you should claim the cost of all treatment for your injuries. This includes not only the hospital stays and surgeries you might have needed but also medical imaging, ambulance rides, physical therapy, mental health therapy, and other treatments in your recovery.
Lost Earnings
Second, any time you spend in the hospital or dealing with an injury might be time away from your job. If you had to leave the workforce entirely because of severe injuries, if your injury affects your ability to earn money going forward, or even if you simply missed work while you recovered but went back to work at full capacity, you still faced lost wages from the accident. Ongoing lost wages are potentially worth a high dollar value, but any and all lost earnings should be claimed as damages in your case.
Pain and Suffering
Third, any injury involves pain, discomfort, fear, and other effects. The physical, mental, and emotional effects of an injury do not have bills and receipts like these other damages do, but you can still put a value on these harms and claim them as “pain and suffering damages.”
Other Compensatory Damages
Along with these three main areas of damages, you can also claim compensation for any other expenses or costs you faced. The cost of childcare help, the repairs to your motorcycle, and other damages are often part of these claims, too.
All “compensatory damages,” including those discussed above, are based on the value of the expenses you suffered and the extent of the harm you suffered in your accident.
Punitive Damages
In some cases, what the other driver did to cause the accident is patently unsafe, and they should have known better. Courts can sometimes issue “punitive damages” to punish the driver for recklessness and other bad actions. The goal of forcing them to pay these additional damages is to punish them and deter them and other drivers from acting that way in the future, potentially driving down the incidence of future injuries like yours. The practical result, however, is that you receive additional money if we can successfully claim and prove these damages.
These damages are based on how much money would be necessary to punish the defendant and how bad their behavior was rather than the degree of harm you suffered.
Call Our Motorcycle Accident Attorneys in Duluth, GA Today
If you or a loved one was injured in a motorcycle crash, contact Howe Law at (844) 876-4357 today to speak with our motorcycle accident attorney in a free evaluation of your case.
