Motorcycles can be both thrilling and very dangerous. Broken bones, road rash, traumatic brain injuries, and more can all result from these types of crashes. Fatalities are also unfortunately common.
When an accident occurs, you need legal help. You need a Roswell Motorcycle accident lawyer. Nothing makes a bigger difference than having an attorney who understands what it’s like to go through a motorcycle accident.
Our lawyers know how difficult these accidents can be for both the rider and their families—because we’ve been helping motorcycle accident victims in the Roswell area for over 20 years. Let us help you and your family after this type of accident.
Types of Motorcycle Accidents in Roswell
Motorcycle accidents in Roswell happen more frequently than they should. Sadly, this is partly because there are so many different ways in which these collisions can occur. Some of the more common examples of motorcycle accidents in Roswell include:
Single motorcycle accidents
Drunk driving accidents
Accidents at intersections
Accidents on highways
The type of motorcycle accident you were involved in could help your attorney understand who is responsible for causing your injuries. Only an in-depth investigation into your motorcycle accident will uncover the truth.
Common Roswell Motorcycle Accident Injuries
One of the top questions motorcycle accident victims have is whether their injuries are severe enough to warrant a motorcycle accident insurance or civil claim. However, it should be noted that you do not need to suffer a catastrophic injury to have grounds for a motorcycle accident claim in Roswell. Your injuries themselves do not need to be life-threatening or critical to warrant the pursuit of legal action.
Instead, your attorney will need to evaluate how your injuries have affected your life to determine whether you have grounds for a claim. That is not to say that there are not some types of motorcycle accident injuries we see more frequently in Roswell crashes. Some of the more common types of motorcycle accident injuries our firm has handled include:
Head injuries, concussion, brain injuries, traumatic brain damage, and contusions
Spinal cord damage, neck injuries, soft tissue injuries, whiplash, paraplegia, quadriplegia, road rash, and back injuries
Internal bleeding, organ failure, internal injuries, and lacerations that become septic
Emotional injuries, including panic disorder, anxiety, depression, nightmares, flashbacks, post-traumatic stress disorder (PTSD), and more
These are only a few of the more common Roswell motorcycle accident injuries. If you have suffered another type of injury we did not include above, you could still have the right to financial compensation. Explore your legal options further when you contact your motorcycle accident attorney to discuss your injuries and damages in further detail.
What Are the Most Common Causes of Motorcycle Accidents?
Many of the same concerns that other drivers face will affect motorcyclists. But, when a motorcyclist is involved in a crash, something that may only cause bumps and bruises in a car could result in broken bones or life-threatening injuries on a motorcycle. Some of the most common causes of motorcycle accidents include:
Another Driver Turning into the Path of a Motorcycle.
Left-hand turns can be deadly for a motorcyclist. Drivers often are not on the lookout for a smaller vehicle when they are making a left-hand turn at an intersection. They don’t see you and end up turning right into you or just ahead of you, so you cannot stop in time to avoid the collision.
Impaired Driving Due to Drugs or Alcohol
Seeing motorcycles is hard enough for drivers when they are sober and traveling in broad daylight. When drivers are intoxicated due to drugs or alcohol, it makes seeing bikes much harder. Even those that are directly in front of an impaired driver can be overlooked.
Not Checking Blind Spots
Blind spots are tricky for any vehicle, but motorcycles are even harder to spot in blind spots because they are so small. Drivers may not check their blind spot thoroughly, assuming that if a car were there, they would see it by only turning their head slightly. When a driver gets careless about knowing what is going on around them, it can lead to dangerous lane changes or merging in a way that can cause severe accidents and injuries.
Road Maintenance Problems
Potholes, uneven surfaces, and slick payment may not be a big deal in a car or truck, but for a motorcycle, they could result in serious accidents. A pothole could cause a motorcyclist to lose control and crash. Even smaller debris on the road could be a hazard to a motorcyclist.
Every situation is different, but most motorcycle accidents that involve another vehicle are caused by the other driver. Drivers are supposed to keep a look out for all cars on the road, including motorcycles—but they often don’t. When that happens, you likely have a legal claim.
Atlanta Shared Fault Laws
When considering liability, it is important to discuss how Georgia’s modified comparative negligence laws will impact your ability to recover compensation if you are partially at fault for your accident. It is far more common than you might think for motorcycle accident victims to share liability.
You can expect the defense to argue that you are partially at fault, as it will reduce their financial obligation to you. Georgia operates under a modified comparative fault system that will not bar you from recovering compensation simply for sharing liability. However, if your portion of fault exceeds 49%, you will lose your right to have your case heard in the Georgia civil court system.
You should also expect your compensation to be reduced proportionally. The judge will determine how much fault you carry. For example, if you were not wearing a motorcycle helmet when a distracted driver struck you, the judge might find you 10% at fault for your injuries.
If the jury awarded you a sum of $500,000, this would be reduced by 10%, leaving you with a motorcycle accident settlement valued at $450,000. Liability will need to be assessed accurately in your case to not only protect your compensation but ensure the liable party is held accountable to the fullest extent of the law.
How do I Know if I Have a Case for My Motorcycle Crash?
The best way to determine if you have a valid legal claim is to talk to a motorcycle accident attorney. Your motorcycle accident lawyer in Roswell will be able to listen to you tell your story and let you know if you have legal options you can pursue. They can also do some additional investigation of your claim as well.
When someone else causes an accident because they weren’t paying attention or were careless, then that person must pay for the damages that they create. Georgia has this law so that those who are at fault take responsibility for their actions. If you are involved in any type of accident that is someone else’s fault—in whole or in part—then you likely have a legal claim.
Keep in mind that your motorcycle accident doesn’t have to involve another driver for it to be valid. Motorcycle crashes that trigger a lawsuit could also include things like:
Loose gravel or other debris on the road
Poorly maintained roadways (potholes, uneven surfaces, etc.)
Maintenance problems that were caused by a repair shop
You can also have a claim against another driver even when you never collide with the vehicle. For example, a car may make an unsafe lane change into a motorcyclist. The biker may notice it fast enough to move out of the way, but in doing so, they lose control of their bike and crash. In that situation, you would likely have a valid legal claim against that driver for your injuries and property damage after that crash.
How Long do I Have to File a Motorcycle Accident Lawsuit?
Every personal injury case in Georgia has a “statute of limitations.” It set out how long you have to file your legal claim. If you try to sue the at-fault party after this date, then your case will likely be dismissed almost immediately.
In motorcycle accident cases that result in injuries and property damage, you have two years from the date of the injury to start your lawsuit. If the accident causes the death of a loved one, then you have two years from the date of your loved one’s passing. In many cases that is the same date as the accident, but not always.
What to Expect from the Motorcycle Accident Claims Process
The motorcycle accident claims process can be daunting. When you are still recovering from your injuries, the thought of going up against a large insurance company, dealing with a difficult investigation, and bringing your case to court can seem like too much to bear.
Fortunately, your attorney will handle all of the legal details of your case. Here is a general idea of what you can expect from the motorcycle accident claims process:
Your attorney will start off by investigating the cause of your motorcycle accident. During our investigation, we will gather compelling evidence, including photos of your injuries, witness statements, reports from accident reconstructionists, chemical blood alcohol test results, and more to establish fault.
Once liability has been determined, your Roswell motorcycle accident lawyer will review the ways your life has been impacted by your injuries and the motorcycle accident to accurately calculate the value of your claim.
From there we can file a claim with the liable party’s insurance company. Since Georgia is a fault state, you will file a claim with the liable party’s insurer to recover certain types and amounts of damages.
Your lawyer will then negotiate with the insurance company to obtain a reasonable settlement offer. If the insurance settlement does not cover your damages in full, your lawyer will prepare to bring your case to court.
At trial, your motorcycle accident attorney in Roswell will present powerful evidence to prove the elements of negligence have been met so you can be awarded total compensation for your damages.
Calculating the Value of Your Motorcycle Accident Claim in Roswell
Motorcycle accident victims have the right to be made whole. This means the defendant should be ordered to pay you for all of the ways your life has been affected by your motorcycle accident injuries. You might be surprised at some of the different types of losses you have the right to recover:
Loss of Income and Diminished Earning Potential
Many motorcycle accident victims are unable to continue working once they have been injured. While you are unable to work, your family may find it difficult or impossible to continue supporting your standard of living.
If your injuries are so severe that you will no longer be able to continue working and must find a new way to earn a living, they should also be taken into consideration when your attorney calculates the value of your motorcycle accident claim.
Medical Expenses Both Current and Future
You should not be stuck covering all of your healthcare expenses as they relate to your motorcycle accident injuries if someone else is responsible.
This does not only include your hospital bills and treatment expenses, but also encompasses your transportation costs, your future medical care, your ambulance bills, your prescription medication fees, and any other healthcare expenses.
Non-economic damages are not monetary, so your lawyer will need to quantify them to ensure you are compensated accordingly.
Examples of non-economic damages you could recover in your claim include your loss of enjoyment of life, the inability to connect with friends and family, your scarring and disfigurement, the embarrassment you feel due to your disfiguring injuries, the inconvenience of the accident and your physical pain and suffering, among others.
Talk to a Roswell Motorcycle Accident Attorney for Free
Life after a motorcycle accident may mean big changes for you and your family. You may have a long road to recovery that puts you out of work. You may also never be able to go back to the same job again in some situations.
Don’t face this without legal help—our lawyers are here to help you.