Crashes involving a motorcycle often leave the rider with serious injuries. Without a car around them to protect them, motorcyclists rely more heavily on other drivers being safe on the road to prevent them from being injured. When other drivers fail to reasonably look out for motorcycles, they can cause severe accidents that potentially threaten the lives of motorcyclists.
It is important to reach out to a lawyer for help with your motorcycle accident case. Our lawyers can help you get the compensation you deserve rather than accepting whatever the insurance company decides to pay. We can also fight to prove that the other driver was at fault and that you were an innocent victim, despite the accusations that the defense might throw at you merely for riding a motorcycle.
For a free case assessment, contact Howe Law’s Savannah, GA motorcycle accident attorneys today at (844) 876-4357.
Motorcycle Safety Concerns in Motorcycle Accident Cases in Hinesville, GA
Motorcycles are perfectly legal to ride, assuming you are properly licensed and able to ride one. In an accident between a motorcycle and another car, there is little to no grounds to accuse the motorcycle rider of being “unsafe” merely because they were on a motorcycle, and such accusations have no place in the law.
The question in any auto accident case is the question of who is at fault. In answering this question, we look at which driver did something wrong. That could include something like a traffic violation – speeding, drunk driving, etc. – or generally unreasonable safety issues – failing to check a blind spot before moving over, road rage incidents, etc. Here, the general safety of a motorcycle is not in question; the other driver’s safety is.
If the other driver was not being safe on the road and their traffic violations led to your crash, the accident is their fault. The defense might try to claim that, by its very nature, your motorcycle was not safe. This is an unfounded argument under the law in Georgia and does not track with how the law treats fault in a motorcycle crash.
However, victims are still scrutinized heavily for their safety. This is why it is important to always wear a helmet and safety gear to minimize any accusations that you were partly responsible for your own injuries. Even if you are accused of partial responsibility for a crash because you were missing a helmet or other safety gear, this will not bar your case unless you are found 50% or more at fault. Otherwise, O.C.G.A. § 51-22-33(g) merely reduces your damages by your percentage of fault, if any.
Common Causes of Motorcycle Crashes in Hinesville, GA
Our motorcycle accident lawyers find that the following are some of the most common ways that motorcycle crashes happen:
If a driver fails to check their blind spots, look out for smaller vehicles, or even check their mirrors before changing lanes or merging, they might hit another driver. When they bump into another car this way, it might not cause a severe accident; but hitting a motorcycle this way often means a crash that can seriously injure the rider.
Drunk, Drugged, Tired, and Distracted Driving
Although the causes of drunk, drugged, tired, and distracted driving are different, the results are often similar. Whether their reaction time was delayed because of drugs, alcohol, lack of sleep, or diverted attention, drivers might commit other offenses – such as running a red light – that directly cause the crash. In their compromised state, drivers cannot react quickly to an accident and might cause a crash at higher speeds, resulting in even more serious injuries than might typically occur when a driver does slam on the brakes to try to avoid the crash.
Speeding is a common factor in many accident cases. Higher speeds result in more serious injuries, and speeding is itself a traffic violation that can lead to blame being placed on the speeding driver. In some cases, both drivers will be speeding, which often means shared fault; but if the other driver also committed other violations and speed was just one factor, the other offenses might be more important in determining who was at fault.
Recklessness, Bias, and Road Rage
Drivers often have it out for motorcyclists and might intentionally try to make their time on the road harder. In some cases, this means intentionally or recklessly pressuring riders by tailgating them, passing too closely, intentionally cutting you off, or otherwise harassing you on the road. If you did something they perceived as a slight, it might also push them into committing acts tied to their “road rage,” potentially resulting in crashes caused by intentional or reckless actions. In many cases, this is caused by a strong bias against motorcycle riders, not something you actually did wrong.
Damages for Injured Motorcycle Riders in Hinesville, GA
Injuries from a motorcycle accident can leave you with substantial medical expenses, lost wages from your time away from work, and intangible damages related to your pain and mental anguish. It is important to work with a lawyer to help you ascertain the full value of these damages so that you do not miss out on any compensation you deserve.
When the other driver’s insurance company is left to calculate damages, they will often undervalue your pain and suffering, leave out damages for future lost wages, and potentially even offer only a fraction of your medical expenses in compensation. It is important not to accept this offer and to have a lawyer negotiate for higher damages or even take your case to court where a jury can award damages instead of letting the insurance company calculate the value of your case.
Call Our Motorcycle Accident Attorneys in Hinesville, GA Today
Call Howe Law’s motorcycle accident lawyers at (844) 876-4357 for a free case evaluation.