In a crash involving two cars, the victim is protected by the vehicle around them. In a motorcycle accident, the driver is vulnerable to injuries that the other driver causes them. This is usually not the motorcyclist’s fault but rather the fault of the driver who hit them.
When other drivers on the road fail to keep you safe by following the rules of the road and driving reasonably, you can often sue them for the injuries they cause you. Whether you faced mild, moderate, or severe injuries, our attorneys can help you seek compensation.
Call Howe Law’s Atlanta, GA motorcycle accident lawyers at (844) 876-4357 today for a free evaluation of your potential motorcycle injury case.
Determining Fault for Motorcycle Accident and Injury Cases in McDonough, GA
The rules of the road are there to protect people. It is not only other drivers that benefit from these rules, but also pedestrians, cyclists, and motorcyclists, all of whom have less physical protection around them than other drivers. These victims often face far more severe injuries in crashes, and it is all the more important for them to get compensation from the drivers who are responsible for their injuries.
In a motor vehicle accident case in Georgia, the law analyzes fault by looking for four elements. First, there must be a duty in place – usually supplied by traffic laws, like speed limits and drunk driving laws, or basic safe-driving principles, like keeping an eye out for other vehicles. Second, the defendant must have breached that duty by violating the rules or doing something unreasonable. Third, our motorcycle accident attorneys must show that that breach of duty is what caused the crash. Fourth, there must be damages you suffered in the accident.
Courts look at the totality of the circumstances when determining fault. That means that they look at everyone involved and all of the facts leading up to the accident to see what duty was breached, how that duty applied to the situation at hand, and how the breach caused the injuries in question. In short, juries can weigh all of the information they receive and pin the blame for the crash on anyone they find responsible.
In successful cases, this means holding the other driver liable. If the motorcycle rider is found partially liable, they can still receive compensation for the share of damages the other driver caused them so long as the victim was less than 50% at fault.
Common Injuries in Motorcycle Accidents in McDonough, GA
Motorcycle accidents can result in a range of injuries that could be classified as mild, moderate, or severe. Our lawyers can help you get compensation for all types of injuries, even mild ones.
Mild Injuries
Some of these injuries come along with more serious injuries and should not be overlooked as a factor in calculating damages in your case, potentially increasing your damages. Sometimes these injuries are all you suffered, but any time the injuries result in medical expenses or pain and suffering, you should still consider seeking compensation for them. That is true even for mild injuries.
Mild injuries in a motorcycle accident often include cuts, scrapes, bruises, and mild road rash. Sprains and strains are also sometimes considered mild in comparison to what is possible in a motorcycle collision. All of these injuries could be more serious, moving them up to moderate or even severe and increasing the cost of these injuries.
Moderate Injuries
Moderate injuries include injuries that might keep you from work for a few days or weeks but do not ultimately leave long-lasting impacts on your lifestyle. Things like broken bones that do not require surgery or torn ligaments that can be surgically repaired and lead to a full recovery might fit into this category. In some cases, mild concussions and severe scarring might also be considered moderate.
At the end of the day, most accident cases involving moderate injuries are going to result in damages higher than what you should be willing to absorb and pay for without help. Help is available, and our lawyers can fight to get these damages paid by the at-fault driver.
Severe Injuries
Severe injuries are those that leave you laid up in a hospital for weeks or months. These are the injuries that affect you going forward, potentially resulting in life-threatening conditions and changes to your lifestyle. These injuries are often disability-inducing and should be taken very seriously.
Common severe injuries include amputation, broken bones requiring surgical implants, traumatic brain injuries, spinal injuries, and other injuries like these. Many injuries listed earlier – such as cuts and road rash – could also be more severe, fitting them into this category.
If you faced any severe injuries in your accident case, you could be looking at extensive medical expenses, lost time at work, and immense pain and suffering. Never attempt to get compensation for these damages on your own; always consult with a lawyer about what your case should be worth before accepting any settlements.
When to Accept a Settlement for a Motorcycle Accident Injury in McDonough, GA
If you accept a settlement from the at-fault driver or their insurance company, that usually ends your case. Settlements come with paperwork, including a contract that releases the defendant from any further liability or damages. This means that after you accept that money you cannot go back and claim additional damages. As such, you can only settle once, so you have to make it a worthwhile settlement.
Our lawyers can review your case and help you understand what your case should be worth. We can advise you as to whether the settlement offer you received is adequate and negotiate with the insurance company to potentially raise the settlement if it is too low. If the insurance company is not willing to cooperate and pay you what you are owed, we can take the case to trial instead.
Call Our Motorcycle Accident Attorneys in McDonough, GA
Call Howe Law’s motorcycle accident attorneys at (844) 876-4357 today for a free review of your injury case.
