Motorcycle riders are often responsible operators who get a bad stereotype as being dangerous simply because they choose to use a different type of vehicle on the road. Motorcycles are not necessarily more dangerous, but when other drivers fail to use their common sense or fail to follow the rules of the road, that can put motorcycle riders at risk of more serious injury than other drivers.
If you were hit by a dangerous driver, you could be entitled to sue them or file an insurance claim to recover compensation for the expenses you face. This can help you get medical care covered, as well as vehicle repairs, lost wages, and other damages. In many cases, non-economic damages like mental anguish, emotional damages, and pain and suffering are some of the highest areas of damages in your case.
For help with your case, call Howe Law’s motorcycle accident lawyers today at (844) 876-4357 to get a free case evaluation.
Getting Compensated for Injuries in a Motorcycle Accident in Newnan, GA
If you were injured in a motorcycle accident through no fault of your own, then you should not be left to pay for the damages and other expenses that the accident caused you. These damages can include expensive medical bills, the cost of repairing or replacing your motorcycle, and substantial lost wages from time missed at work. On top of this, you could be left with a wide range of “non-economic” damages that should be compensated as well. Our motorcycle accident attorneys can help you get these damages paid in full.
Most drivers and injured motorcycle riders will turn to an insurance claim as their first attempt to get damages. In a “fault” insurance state like Georgia, injury victims file with the at-fault driver’s insurance rather than their own insurance. However, if you accept a payout from that insurance claim, then you could be deemed to have settled your case, and you will be unable to go back to them for additional damages or go to court to get full compensation. Because of this, it is important to have a lawyer negotiate with the insurance company so that anything they pay you is fair and accurate and covers your damages in full.
If the insurance company refuses to cover you or will not admit that their driver was at fault, then a settlement might not be possible. Instead, you can go to court to file a lawsuit against them for damages. This could pressure them to settle so as to avoid a long trial, but if they still refuse, then we can fight them at trial for the damages you need.
Damages Available in a Motorcycle Accident Claim in Newnan, GA
As mentioned, motorcycle injury cases can pay for a range of damages:
Any medical care you need because of the accident should be covered by the at-fault driver. This means paying for the cost of emergency surgeries, imaging, and hospital stays, but it also means covering the cost of rehabilitation, physical therapy, mental health therapy, and other quasi-medical services like occupational therapy.
If you cannot work because of your injury, that could leave you with income that you missed out on. If your injury will be permanent or long-term, then you could miss out on years of income that the defendant should pay you for. Projecting and calculating these damages is often complex, so get help from an experienced attorney.
Vehicle Damages and Replacement
Most motorcycle riders see their motorcycle as more than a mere tool, and they treasure their bikes. If your motorcycle was damaged, the expense of repairing it should be covered as well. If the damage is worth more than the total value of the bike, then it might be “totaled,” and the defendant should pay you what the motorcycle was worth before the crash so you can put that money toward expensive repairs or a replacement motorcycle.
New Household Expenses
If your injury keeps you from caring for yourself and your family, you might need to pay for replacement services at home. This can include things like home nursing care to help you with your daily needs, but it can also include things like ordering food or getting a nanny to care for your children while you are in the hospital.
Injury lawyers often use terms like emotional distress, pain and suffering, and mental anguish to describe damages in an injury case. These damages do not have a hard economic value because there are no receipts or statements saying what the damages are worth. However, they are very real harms that you deserve compensation for. As such, this compensation is also available, but calculating how much to claim is complex. Our lawyers can help you argue for non-economic damages from the insurance company and, if they refuse to pay the full value, take the case to court for fair damages.
Combating Claims of Comparative Fault in Motorcycle Accident Cases in Newnan, GA
We have thus far been discussing cases with the assumption that you were the innocent victim. In most cases, the facts are not as desirable, and the motorcycle rider might have been speeding or not wearing a helmet – both of which are illegal. However, this does not absolve the at-fault driver of fault for worse mistakes.
Fortunately, courts can assign a share of fault to each driver involved in a crash and, as long as you are under 50% at fault, you can still get damages for the same percentage of total damages that the defendant caused. For example, if the court finds that your speeding means you were 20% at fault and the other driver’s drunk driving put them 80% at fault, they would still be ordered to pay you 80% of the total damages in your case.
Our lawyers can also fight against these claims of comparative fault and seek to place 100% of the blame on the at-fault driver who caused your crash.
Call Our Motorcycle Accident Attorneys in Newnan, GA Today
Call (844) 876-4357 for a free review of your case with Howe Law’s motorcycle accident attorneys.