Crashes involving motorcycle riders can leave the rider with serious injuries. Unlike in cars and trucks where there is a vehicle around you to keep you safe, you often get hit directly by other vehicles and hit the ground violently after a motorcycle crash.
If you were the innocent victim in your motorcycle accident case and another driver’s carelessness or inattention caused your crash, you could be entitled to substantial damages for your injuries, your medical care, and your lost wages. But getting these damages is often difficult, especially given the bias that many people have against motorcycle riders.
For help, contact the compassionate motorcycle accident attorneys at Howe Law today by calling (844) 876-4357.
Biases Against Motorcycle Accident Victims in Mableton, GA
Many people perceive motorcycles as unsafe and their riders as risky, but this kind of accusation has no legal foundation and should not be allowed to make your settlement any smaller for motorcycle accident injuries. In many cases, motorcycle riders are the victims, and the accident was actually caused by another driver’s traffic violations or other negligence behind the wheel. Our motorcycle accident lawyers can help you fight these accusations that you were not being safe and fight to get damages from the party who actually caused the crash.
Defendants and their attorneys often try to accuse motorcycle riders of being unsafe by failing to drive a car instead. Motorcycles are perfectly legal, and they are only dangerous if they crash. If the crash was caused by the other driver, then they have no argument to say that you were responsible by legally riding a motorcycle.
Moreover, defendants might try to claim that they were not looking out for motorcyclists or that they did not expect to crash into a small vehicle. This is also not a valid defense, as drivers are required to look out for pedestrians, bicycles, motorcycles, and other cars alike when driving.
Lastly, defendants might try to make arguments that your lack of safety gear or a helmet could make you partially at fault for your crash. First, the law only requires a helmet and visor/goggles, so additional safety gear is not required. Second, even if a lack of safety gear did not prevent your injuries, it was still their negligence that caused the crash in the first place. Third, even when a lack of safety gear can be used as evidence that you let your injuries become worse, that argument is only available to an extent. For example, a broken leg would not have been prevented by wearing a helmet. Further, this is likely to only reduce your damages, not make you more at fault than the other driver.
Proving Fault in a Motorcycle Accident in Mableton, GA
As we alluded to, drivers must do something wrong to be held at fault for a crash. In the case of motorcycle accidents, the at-fault driver is usually another driver who ran a red light, was speeding, was driving drunk, or otherwise committed a traffic violation to cause the accident. As an alternative, they might not have violated a specific traffic law, but anything that is generally unreasonable – such as failing to watch out for smaller vehicles on the road – would also potentially make them at fault.
If the other driver caused the crash through their negligence or specific traffic violation, then they are at fault and they are responsible for all foreseeable consequences. That can include but is not limited to, your injuries, your medical bills, your lost wages, and your pain and suffering – however serious. Even if a rider dies or suffers permanent injuries from a low-speed crash, the driver who hit them is still responsible.
This is why it is often the case that lack of safety gear is only a contributing factor: a missing helmet does not change the fact that the other driver hit you while speeding or driving drunk. While a helmet might have mitigated your injuries, it is unlikely that a court would rule that you were at fault instead if your only violation was missing safety gear.
Damages for Injured Motorcycle Riders in Mableton, GA
As mentioned, you can claim damages for medical bills, lost wages, and pain and suffering after a motorcycle crash. You can also claim damages for property damage – such as motorcycle repairs or replacement – and other expenses you have to pay out to deal with the aftermath of a motorcycle crash. In cases of wrongful death in a motorcycle accident case, the surviving family can claim damages for things like burial and funeral expenses as well as the victim’s pain and suffering, medical treatment, and lost wages before their passing.
In most cases, there will be insurance to cover at least some of these damages. All drivers are required to carry car insurance in Georgia, and their insurance policies should pay you for the damage they cause in a crash. However, getting the insurance company to supply the full value of your case can be difficult.
As such, our lawyers often need to argue with the insurance companies for a better settlement. It is important that you do not accept any settlements without reviewing them with our lawyers, as you can only get one shot at the case in most accident claims.
Instead of settling, we can take the case to court by filing a lawsuit. This is especially helpful in cases where the at-fault driver or their insurance carrier refuses to accept liability or refuses to recognize certain damages. In these cases, a judge and jury can decide, and our lawyers can help you provide evidence and testimony to the court at trial.
Contact Our Mableton, GA Motorcycle Accident Lawyers Today
For help with your injury case, call the motorcycle accident attorneys at Howe Law today at (844) 876-4357.