Motorcycle accidents are one of the most severe accidents that a person can suffer. The injuries from a motorcycle accident can be catastrophic or even fatal. The compensation needed to recuperate from a motorcycle accident is often more than insurance can cover.
A victim of a motorcycle accident could benefit from the advice of a skilled Warner Robins motorcycle accident lawyer. Negligent drivers cause motorcycle accidents in many ways but proving your case in court can be challenging. While you are arguing for the court to hold a driver liable for their negligence, they will claim you were at fault for causing the accident. Intricate details of the accident will need to be explained to show that the other driver’s negligence caused the accident.
If you were injured in a motorcycle accident, seek help from our experienced Warner Robins motorcycle accident lawyers at Howe Law. Call today at (844) 876-4357 for your free case assessment.
Time Limit to File a Motorcycle Accident Lawsuit in Warner Robins, GA
The Georgia statute of limitations encoded in Ga. Code § 9-3-33 provides the time limit to file a motorcycle accident lawsuit in Warner Robins. Injured motorcyclists will have two years from the date of the accident to file their lawsuit. In most cases, if your lawsuit is not filed within two years, your case will be dismissed, and you will be denied from recovering compensation from the court.
However, Ga. Code § 9-3-73 sets out a few exceptions to the statute of limitations. Motorcycle accidents involving minors are one of the few exceptions that will apply to the statute of limitations. Children five years or older can have a lawsuit filed on their behalf for up to five years from the date of the motorcycle accident. If a minor was under the age of five when the accident occurred, a motorcycle accident lawsuit might be filed after the child’s tenth birthday.
Beginning your motorcycle accident lawsuit as soon after the accident as possible can have an important impact on the success of your case. Memories of the chaos of the accident can become less clear over time, and witnesses’ accounts could be less reliable. If proper evidence of the injuries and their severity are not preserved early, there could be little to show in court when the time comes. Our Warner Robins motorcycle accident lawyers can help you identify important dates and gather the evidence necessary to build the strongest case possible.
Common Causes of Motorcycle Accidents in Warner Robins, GA
Most motorcycle accidents are caused by the negligence and carelessness of other drivers. The following are the most common causes of motorcycle accidents in Warner Robins:
- Distracted drivers
- Texting while driving
- Drunk driving
- Driver’s failure to yield the right-of-way to a motorcycle
- Driver’s failure to check blind spots before changing lanes
- Poor road conditions and obstructions
- Car doors opening in the path of motorcyclists
- Defects in the motorcycle
No matter how your motorcycle accident occurred, you could be entitled to compensation for injuries caused by another driver’s negligence. Our Warner Robins motorcycle accident lawyers are here to discuss how your motorcycle accident occurred and the best ways to recover damages.
Common Types of Injuries from a Motorcycle Accident in Warner Robins, GA
The types of injuries caused by a motorcycle accident are some of the worst a person can suffer. The recovery time for motorcycle injuries is often long and expensive. The following are some of the most serious injuries a motorcyclist can sustain in an accident in Warner Robins:
Motorcycles offer little to no protection to a rider involved in a car accident. When a motorcyclist is thrown from their bike during an accident, they are likely to suffer road rash injuries. Road rash burns involve the tearing away of several layers of skin and typically require surgery and skin grafts to treat, besides being extremely painful.
Traumatic Brain and Spinal Injuries
Even a responsible motorcyclist wearing a legally-approved helmet can suffer terrible brain and spinal injuries. The little protection a motorcycle offers exposes the rider to incredible force during an accident. The second impact on the road can add to the damage caused by the initial impact. Spinal and brain injuries can be life-altering, requiring an extraordinary amount of compensation to receive the proper long-term care.
Motorcycle accidents often result in broken bones. The high rate of speed involved in a motorcycle accident makes broken bones almost a forgone conclusion. Negligent drivers could also be held liable for the broken bones they cause. Our Warner Robins motorcycle accident lawyers can help you collect important evidence to show the full extent of the injuries the other driver’s negligence caused.
Determining Fault in a Motorcycle Accident Lawsuit in Warner Robins, GA
Determining liability in a motorcycle accident can be challenging. Many drivers and insurance companies assume the motorcyclist was to blame for the accident. Still, more often than not, an accident is caused by a driver’s failure to share the road with motorcycles safely. Violating traffic laws, like running a stop light or making an illegal turn, can be used as evidence of a driver’s negligence and failure to use reasonable care in a motorcycle accident. Police reports and medical records for treatment following the accident will also include important facts indicating how a driver’s negligence caused your injuries.
Importantly, however, is that Georgia uses a comparative negligence standard when determining fault in a motorcycle accident lawsuit. If you were less than 50% responsible for the accident, you can still file a lawsuit for damages. If your lawsuit should prevail, the award from the court will be reduced by the percentage the court finds you at fault for the accident. For instance, you win your case and are awarded $100,000, but the court determines that you were 10% at fault for the accident. In that case, your award would be reduced by 10%, leaving you with a $90,000 award and $10,000 in damages that are your responsibility. Our Warner Robins motorcycle accident lawyers can review your case with you to determine the extent of the negligent driver’s fault in causing the accident.
Our Warner Robins, GA Motorcycle Accident Lawyers Can Help
If you were injured in a motorcycle accident by a negligent driver, our Warner Robins motorcycle accident lawyers could help you hold the responsible party accountable. Call Howe Law at (844) 876-4357 for a free case review.