Motorcyclists are not required to wear much in the way of protective gear in Acworth—but most bikers do anyway. Unfortunately, even the best helmets, leather and eyewear will not prevent accidents from happening. And motorcycle accidents can lead to severe and even life-threatening injuries. Damage to your bike can also be extensive. The result is physical pain and financial strain that can affect you for the rest of your life. You don’t need to face the aftermath alone. An Acworth motorcycle accident lawyer can help.
Our attorneys have helped win motorcycle accident claims for more than 20 years. We have the experience and compassion that you need to get the best result possible out of your claim—and get the money you deserve. Let our lawyers give you a FREE consultation. Call us at (404) 341-6555 or fill out the form to the right to get your free consultation today.
How are motorcycle accidents different than car accidents?
From a legal perspective, motorcycle crashes and car accidents are pretty much the same. But, the real difference is often about the damages involved. When a car hits a motorcycle, the biker usually doesn’t stand a chance. The injuries and losses can be extremely severe. In some cases, the biker can actually slide underneath another vehicle, which results in potentially fatal injuries. The risk of fatalities is much higher in motorcycle accidents.
Cars offer surrounding protection in a way that a bike just can’t. You’re also far more likely to be thrown from a motorcycle that you would be in car or truck. Being thrown to the ground with that type of force can cause serious head, neck, and back injuries as well as broken bones.
Motorcyclists are also more likely to lose control than other vehicles. The fact that the bike only has two wheels significantly decreases stability. Minor bumps or potholes can be a huge problem for a biker.
What do I have to prove to win my motorcycle accident claim?
Motorcycle accident cases will usually focus on the concept of negligence. Someone is negligent when they acted carelessly or recklessly. There are many ways that you can prove that someone was negligent. Some of the most common include:
- The other driver was breaking the law when the accident happened, such as speeding or ignoring traffic signals.
- The driver did not see you and turned in front of you.
- The other vehicle was following too closely.
- The driver was driving erratically or was not in control of their vehicle.
- The driver was under the influence of drugs or alcohol.
The most common reason that motorcycle accidents occur is due to driver inattention. Showing that a driver wasn’t on the lookout for motorcycles could be enough to prove negligence. Texting, looking at social media, or even being distracted by things going on in their vehicle could all indicate that the driver was negligent.
In addition to showing that a driver was negligent, you must also prove that the driver’s negligence led to your damages. There must be a relationship between your injuries and the accident.
You can also recover money for psychological trauma. Most people think of broken bones and physical damages when they think about motorcycle crashes, but psychological injuries like mental anguish and PTSD can also be something that should be included in your losses. In some cases, a biker may be too upset to ever get on a motorcycle again after a crash. That type of damage is the result of the accident, and it should be included in your lawsuit.
Do I still have a case if I wasn’t wearing a helmet?
Georgia has laws that require motorcyclists to wear certain safety gear, including helmets and eyewear. While you absolutely should wear this gear at all times, it may not completely bar your personal injury case if you are in a crash. But, it can have an effect on how much money you can get for damages in a lawsuit. Whether it will have an impact will depend on the type of injuries you have and the unique facts of your case.
For example, imagine that you broke your arm in a motorcycle crash. You also weren’t wearing a helmet, but you only have minor bumps and bruises around your head and face. The fact that you weren’t wearing a helmet wouldn’t have prevented you from breaking your arm. That means that whether you had a helmet on or not won’t have much of an effect on your personal injury case.
On the other hand, an injured biker with a severe head injury would almost certainly get less money if they weren’t wearing a helmet, because the courts believe the helmet would have helped make the head injury less severe.
What kind of damages can I get in a motorcycle accident lawsuit in Acworth?
The damages you receive in any lawsuit will depend on your losses. Money damages are specifically designed to compensate you for your injuries after an accident. They are supposed to put you in a position as if the crash never happened. While money is a poor substitute for the pain and suffering you experienced or the loss of a loved one, it’s the only option that law offers for recovery in personal injury cases.
The most common types of damages in a motorcycle accident include:
- Medical expenses you have already incurred
- Future medical costs
- Lost wages because of missed work
- Future loss of earnings
- Pain and suffering
- Property damage to your motorcycle
- Loss of enjoyment of life
Every case is different, so it’s important to talk to a Georgia motorcycle accident lawyer to determine what damages might be allowed in your case. You may not realize just how much you have lost after a motorcycle accident, but a lawyer can help you brainstorm all of the ways that your crash has affected your life.
Talk to an Acworth Motorcycle Accident Lawyer for Free
The weeks after a motorcycle accident can be confusing and overwhelming. You may think the insurance company has your best interests in mind, but the truth is that they likely just want to spend as little money as possible. Don’t give up your rights—get a FREE consultation from lawyers who side with bikers. Call us at (404) 341-6555 or fill out the form to the right to get your free consultation today.