Motorcycle riders often go to great lengths to avoid collisions and stay safe on the road. Unfortunately, no matter how careful a rider might be, a negligent driver could come along and cause a severe accident.
After an accident, talk to an attorney about filing a lawsuit. Your lawyer can help you identify the liable parties, find evidence, and draft a complaint to get fair compensation. There might be various reasons behind a motorcycle accident. Many drivers seem to ignore riders, even when they are right in front of them. Speeding and blind spots might also play a significant role. You should not only claim damages for costs like medical bills and repairing your motorcycle but also for psychological turmoil and distress. Your attorney can help you prepare for legal hurdles that stand in your way, including allegations of contributory negligence.
You can call our motorcycle accident attorneys at Howe Law at (844) 876-4357 to schedule an evaluation of your potential lawsuit at no cost to you.
Preparing a Lawsuit After a Motorcycle Accident in Stonecrest, GA
Identifying the defendant is one of the earliest steps you must take when preparing your motorcycle accident lawsuit. In many cases, motorcycle collisions involve only one other driver, making it a bit easier to identify the person responsible.
However, not all cases are so simple. In multi-vehicle crashes, there might be numerous other drivers, and one or several of them might be to blame. Picking apart who is liable and who is not might be challenging. On top of that, drivers might flee the scene before being identified, and we might have to wait for the police to investigate before we can sue.
Next, we need evidence to support your claims against the defendant. If you took photos at the crash scene, we can use them as evidence. They might contain details about how the crash occurred that show how the defendant is responsible. We can also find witnesses who can testify about the accident and even use your medical records to show how badly you were injured.
Your attorney should also help you draft and file the complaint to begin the lawsuit. Your complaint must contain critical details about the motorcycle accident, why we believe the defendant is liable, your damages, and some evidence. Getting all this together is difficult, to say the least, and it is important to get started as quickly as possible.
Responsibility for Stonecrest, GA Motorcycle Accidents
Many motorcycle riders have been victims of a highway phenomenon known as inattentional blindness. Inattentional blindness is when someone does not see or notice something despite it being in plain sight, usually because they do not expect to see it in the first place. Many drivers do not give much thought to motorcycle riders and are not looking out for them. As a result, they tend to overlook riders even when they are right in front of them. Many crashes and collisions have resulted from inattentional blindness.
Speeding is especially dangerous in motorcycle accidents. The faster a vehicle is going when it crashes, the more severe the crash is likely to be. The same goes for motorcycle crashes. Unfortunately for riders, their injuries can be severe even when the vehicle that hit them is not moving quite so fast. Even a minor rear-end crash that would not be a big deal between two cars could send a motorcycle rider sprawling to the pavement or into the path of oncoming traffic.
Motorcycles’ smaller size means they sometimes fit perfectly within a driver’s blind spots. When drivers in cars or trucks attempt to turn or merge into another lane, they must check their blind spots. If they do not, they risk striking a motorcycle rider who was concealed from view.
Damages You Can Claim in a Stonecrest, GA Motorcycle Accident Case
Many damages are based on the money you lost because of the crash. Chief among these financial losses is your medical bills. Motorcycle riders are usually badly hurt and require medical care that is extensive and expensive. Not only can you claim any current medical bills, but our motorcycle accident lawyers can help you estimate the cost of future medical bills if your treatment is expected to be ongoing.
You might not be able to go back to work after the accident. In severe cases, motorcycle riders are so badly hurt that they cannot work indefinitely or possibly ever again. You should claim the income you lose because of your injuries, including reasonably expected future income you would have earned if not for the accident.
Non-economic injuries include emotional distress, physical pain, suffering, humiliation, damage to your reputation, and more. Painful experiences might not come with a bill, but that does not mean they should be excluded from your damages. These painful experiences might warrant significant compensation and should be claimed in your complaint.
Legal Hurdles in Your Motorcycle Accident Case in Stonecrest, GA
A big part of preparing your lawsuit is preparing for the arguments the defendant will likely make to undermine your claims. One tactic the defense might employ is to argue that you somehow contributed to your injuries. Riding a motorcycle is perceived as inherently dangerous, and any lapse in safety protocols on your part will be heavily scrutinized, even if it has no bearing on your injuries.
Georgia follows a modified comparative negligence rule under O.C.G.A. § 51-12-33. According to this rule, a plaintiff may be no more than 49% responsible for their accident or injuries and still be eligible to recover damages. If you are deemed at least 50% at fault, you lose your right to recover damages entirely. Considering how strict this rule is, it is a popular tactic for defendants.
We can work to combat allegations of contributory negligence by highlighting the safety precautions you used on the road. For example, if you wore a helmet and protective clothing, had your lights on, and made reasonable attempts to be more visible while also obeying the traffic code, the defense will have a harder time convincing the jury of any contributory negligence arguments.
Call Our Stonecrest, GA Motorcycle Accident Attorneys for Assistance Now
Please reach out to our motorcycle accident attorneys at Howe Law by calling (844) 876-4357 and schedule a confidential evaluation of your claims at no cost to you.
