If you were hurt in a motorcycle crash, you should get a lawyer right away. Handling insurance claims on your own often means that insurance companies will deny damages and try to deny your claim entirely, hoping that there is nothing you can do about it without a lawyer.
When we take your case to court, the defense may try to paint you as a dangerous person just because you were riding a motorcycle. Our lawyers know better and understand that many motorcycle riders do their best on the road, and it is others who cause the crashes that can leave them paralyzed, dead, or facing serious injuries.
For help with a motorcycle claim for you or a deceased loved one, call our Howe Law Atlanta motorcycle accident lawyers at (844) 876-4357.
Suing for Motorcycle Crashes in Chamblee, GA
Any time someone injures you through carelessness or lack of skill, you can potentially sue them for the resulting injuries and other damages. In the case of a motorcycle accident, your claim is likely to be based on the fact that they caused your crash by violating a traffic law. Instead, you might be able to claim that they did something unreasonably unsafe, even if there was no explicit traffic violation involved.
Most crashes are based on speeding violations, distracted driving, drunk driving, or tired driving. If another driver hit you while one of these issues was present, then that could form grounds for a lawsuit to recover any and all damages they caused you.
Many cases of driver inattention do not rise to the level of a distracted driving violation but nonetheless leave motorcycle riders with injuries. Drivers often fail to look out for smaller vehicles or even go out of their way to make driving harder for people on motorcycles. When this happens, it is usually considered unreasonable and can also form the basis of an injury claim.
Our motorcycle accident lawyers can go over the facts of your case and file a lawsuit based on what another driver did wrong. We can also analyze your case and determine what damages you should claim.
Do You Sue or File an Insurance Claim for Motorcycle Injuries in Chamblee, GA?
In many cases, a lawsuit does not need to be your first step. The insurance system we use in Georgia is in place to ensure that the driver who hit you has funds to pay for your injuries, but also to avoid the need for lawsuits. If you can get the damages you need through an insurance claim, then you do not need to file a lawsuit. Even so, getting full damages through insurance is often a challenge.
For an insurance company to pay out a claim, it must mean that they either believe your claim that their driver was at fault or they believe the evidence is heavily stacked against them to the point that fighting it at trial would be a losing battle. In cases where they have a strong argument that you were actually at fault or that their driver did nothing wrong, they will likely deny your claim or try to pay only a small-dollar settlement to end the case swiftly.
In these cases, it is often best to take the case to court. We can file a lawsuit at the same time as an insurance claim or potentially wait until after negotiations break down.
Whether the case is ultimately filed in court or not, it is likely to settle rather than going to trial. Only a small percentage of injury cases end up at trial – though your case might be in that small percentage. If it is, we will do everything we can to build a strong theory of the case, present good evidence at trial, and argue to the jury that you should be compensated in full for what the other driver did to you.
Fighting Unjust Biases Against Motorcycle Riders in Chamblee, GA
Many defense attorneys and insurance companies have a bad view of motorcycle riders. These parties often treat motorcycle cases as though the motorcycle rider was at fault, and they often ignore evidence to the contrary. This means our lawyers will have to present strong evidence of fault and redirect any victim blaming.
One common argument is that motorcycles are unsafe, so you were essentially at fault for your own accident because you chose to drive an unsafe vehicle. While some single-bike crashes occur because of safety issues, that is a different situation than when another driver hits you. In your case, the other driver’s actions are what caused the crash, not some property of motorcycles, and our evidence will prove that.
Motorcycles are perfectly legal in Georgia (with proper licensing), and we will help protect your right to ride if it is challenged in your injury case.
Additionally, there are other biases that are often used to paint motorcycle riders as criminals. This is often an unjustified stereotype, but even so, a victim’s perceived criminal nature has nothing to do with who caused their motorcycle accident. In most cases, evidence of past behavior is not allowed as evidence, and anything the defense says to try to paint you as a bad person can often lead to objections and get their assertions thrown out.
Generally speaking, when defense lawyers and insurance companies rely on stereotypes like these, it is because they have a weak case. This often means we can negotiate with them and get the case to settle without even having to go to trial.
Call Our Motorcycle Accident Attorneys in Chamblee, GA Today
Our Atlanta personal injury lawyers are always available to help. Reach out to Howe Law’s motorcycle accident lawyers at (844) 876-4357 for a free review of your potential motorcycle accident claim.
