The most common cause of motorcycle accidents in Carrollton is a collision with another driver. In the vast majority of those situations, it is the other driver—not the motorcyclist—who is at fault. Other drivers will complain that they didn’t see you or weren’t watching for you. But, that doesn’t matter in terms of legal liability. Drivers have a legal obligation to watch for other vehicles on the road and act with care, and that includes giving motorcycles the space they need. When a driver hits you while you’re on your bike, you DO likely have a legal claim. You need to call a Carrollton motorcycle accident lawyer to help you get the money you deserve.
Talk to the attorneys who understand bikers—and have been helping them recover money for their losses for over 20 years. In that time, we have learned what it takes to fight insurance companies, prove fault, and win money for your claim. Let us 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.
Who do I sue for damages in a motorcycle accident case in Carrollton?
Georgia is a fault state. That means that the driver who is at fault must pay for the damages and injuries that their actions caused. In most motorcycle cases, that means that you sue the driver of the vehicle that hit you. That driver will usually have insurance coverage. The insurance company then either works with you directly through a claims adjuster or hires an attorney to work on their behalf. Your case is actually against the other driver, but the insurance company will provide a defense to the at-fault driver and ultimately pay any damages that you have suffered up to the insurance policy limits.
But, that is not always the case. Who will be involved in your motorcycle accident case will depend on the unique facts of your situation. For example, if someone hit you while driving their work truck, the driver, their employer, and their insurance company may all be involved.
Even more parties are involved when a semi-truck driver is causes the accident. If more than one vehicle is involved, then there could be more than one driver (and insurance company) in your lawsuit as well. Your attorney will be able to help you decide who the right party to sue should be.
What are the most common causes of motorcycle crashes?
Other drivers cause a lot of problems for motorcyclists in Georgia. Some of the most common reasons that motorcycle accidents occur include:
Distracted drivers.
When a driver is not paying attention, it can be difficult to see any vehicle in front of them, let along a smaller motorcycle. Distraction can lead to unsafe lane changes, rear-ending a bike, or turning into a motorcycle.
Drunk drivers.
When a driver is intoxicated, it becomes challenging to notice things around them and react appropriately. They may not see a bike or misjudge which lane it is in or how fast it is traveling.
Traffic violations.
When drivers ignore the rules of the road, that can be dangerous for everyone involved. Failing to adhere to speed limits, yield rules, runs stop signs, and other regulations can lead to severe collisions.
Aggressive drivers.
Angry drivers sometimes take out their frustrations on motorcyclists. They might do this by tailgating, traveling too close on the sides, and other aggressive behavior.
Defective parts.
There are certainly other causes of motorcycle accidents that do not involve other drivers but still lead to legal liability. One such situation is where the motorcycle has defective parts or maintenance was not performed in a way that makes the bike safe. When this occurs, losing control of the bike may happen and could result in a crash with either another driver or on your own.
Road hazards.
Bumps in the road may not be a big deal to a larger passenger vehicle, but to a motorcycle, they can be life-threatening. Potholes, gravel, and uneven pavement can be disastrous to a motorcycle rider.
Even when your crash only involves you, it is still a good idea to talk to an attorney. Things like losing control on gravel or having poor maintenance can still trigger a legal claim. Your lawyer can walk you through your options in these situations.
What if I’m also partially at fault for the crash?
While most motorcycle accidents are caused by another driver, the motorcyclist could have contributed to the crash as well. Perhaps you were speeding when someone else turned in front of you, or your brake lights weren’t working properly when you got rear-ended—that’s okay. You can even still get damages if you are not wearing required safety gear, like your helmet or eye protection, at the time of the crash. In fact, most traffic accidents involve the fault of more than one person.
Georgia is a modified comparative negligence state. That means that even if you are partially at fault, you can still sue the person who was the real cause of the accident and get damages. Your total amount of money that you can receive will simply be reduced by the percentage of fault assigned to you by a judge or jury. But, you must be less than 50% at fault for the crash to get damages. The best way to determine how your fault might affect your case is to talk to a Carrollton motorcycle accident lawyer and explain your situation.
Talk to a Carrollton Motorcycle Accident Lawyer for Free
You don’t have to fight an insurance company alone after a motorcycle accident. Let us connect you with some of the most experienced attorneys in the state to help with your case. Call us at (404) 341-6555 or fill out the form to the right to get your free consultation today.
