The sad truth is that motorcycles do not afford riders and their passengers the same safety features as vehicles. They are less stable, lighter, smaller, and less visible on the road. As a result, in most cases involving other vehicles and a motorcycle, motorcyclists sustain the brunt of the injuries. According to a report compiled by the National Highway Traffic Safety Administration (NHTSA), motorcyclists involved in accidents are 27 times more likely to suffer fatal injuries than drivers of other vehicles.
If you’ve been injured, or a loved one suffered injuries or was killed in a motorcycle accident because of a reckless driver in Georgia, you need to seek legal counsel from an experienced Duluth motorcycle accident lawyer to help fight for your rights.
The Duluth auto accident lawyers at The Herro Law Firm are here to answer your questions. We are knowledgeable in motorcycle insurance, personal injury law, and other motorcycle-specific laws. We will ensure your claim is set up correctly from the start and work with your health insurance provider, motorcycle insurance company, and other parties to recover the compensation you deserve.
You need reliable counsel and representation to fight for compensation for your injuries. We can provide it! Contact us at (404) 433-6876 to schedule a free consultation.
How Can a Duluth Motorcycle Accident Lawyer Help With My Compensation Claim?
Motorcycle riders involved in accidents with another car, truck, or other vehicles often have severe injuries to contend with. Your focus should be on your health and your loved ones. Meanwhile, the skilled and dedicated Duluth motorcycle accident lawyers at The Herro Law Firm can handle your case on your behalf and pursue maximum compensation for you.
Let an experienced motorcycle accident lawyer near you from our law firm help you seek justice. Here is an overview of some of the many ways our legal team can shoulder your burden for you and set up your claim for success.
- Conduct a thorough investigation of the crash to recover and preserve evidence that reveals how the accident occurred, who bears fault, and other facts of the case
- Advise you on your legal options and right, including answering all your questions and explaining what to expect at each stage of your motorcycle accident claim
- Collect and document medical records and bills to determine the full extent of your losses and calculate your potential damages
- Ensure you don’t miss crucial deadlines
- Help you complete the paperwork correctly
- Prove the other party’s liability
- Identify all potentially liable parties and sources of compensation, especially applicable insurance coverage
- File insurance claims for you and vigorously negotiate on your behalf to recover a settlement that provides you with fair compensation
- Fight for you in court if necessary to fully pursue your legal options
If you’ve been injured in a motorcycle accident in Duluth, GA, it’s crucial to contact The Herro Law Firm as soon as possible. Suppose you’ve lost a loved one in a motorcycle wreck, in that case, we can help determine if you can lodge a wrongful death claim and address any legal issues.
Let our team help you hold the reckless driver accountable – contact us for a free case review today.
What Are the Most Common Causes of Motorcycle Accidents?
Even when bikers follow all applicable laws, drive carefully, and do everything they can to protect themselves, they cannot prevent all accidents. Motorcyclists suffer catastrophic injuries and even die when other road users are negligent and fail to watch out for bikers properly. Many motorcycle accidents in Georgia result from the reckless or negligent actions of other motorists, including:
- Distracted driving
- Failure to pay attention to motorcycles or yield the right of way
- Driving while drunk or drugged
- Cutting off a biker
- Unexpected pedestrians on the road
- Running stop signs, red lights, etc.
- Road rage
Motorcycle accidents can also occur because of non-driver-related causes such as poor road conditions, defective road designs, dangerous curves, or faulty motorcycle parts. An experienced motorcycle accident lawyer at Herro Law is well-versed in these scenarios.
Regardless of the circumstances surrounding your motorcycle accident in Duluth, our personal injury attorneys strive to ensure all facts of your case are thoroughly investigated. We will pursue all avenues to get you the best possible results.
Motorcycle Accident Statistics
A recent report released by the Governor’s Office of Highway Safety (GOHS) revealed that while motorcycles represent only 2% of the total registered vehicles, motorcycles are not only consistently overrepresented in traffic fatalities, but motorcycle-related accidents have also steadily increased in recent years.
In 2017, a total of 139 motorcycle riders were killed in traffic accidents, 154 in 2018, 170 in 2019, and 192 in 2020. From 2017 to 2020, motorcycle fatalities increased by 27%.
In 2019, 4,369 bikers were involved in crashes in Georgia. The total motorcycle-related ER and hospitalization charges for the same year were $221 million.
What Are the Motorcycle-Specific Laws In Georgia?
Anyone who operates or owns a motorcycle in Georgia should be aware of – and follow – all motorcycle-specific laws. Doing so can help bikers keep themselves safe on the road are reduce the risk of catastrophic injuries. These include:
- Always wearing a state-approved motorcycle helmet when riding or operating a motorcycle
- Ensuring one’s motorcycle is equipped with proper parts (brake light, windshield, headlight, mirrors, footrests, etc.)
- Ensuring that no more than two motorcycles ride abreast in a single lane
- Not clinging to other vehicles
- Carrying auto insurance that meets Georgia’s minimum limits for coverage
While the laws mentioned above and other applicable Georgia motorcycle laws can help keep bikers safe, unfortunately, it can still be difficult for them to avoid the consequences of other drivers’ recklessness and negligence.
What Are the Most Common Injuries Seen in Motorcycle Accidents?
Did you know that more than 80% of all reported motorcycle-related crashes result in the biker being injured or killed, according to the NHTSA?
By their very design, motorcycles offer less protection than other motor vehicles and thus often inflict catastrophic and life-altering injuries to bikers and their passengers. Injuries motorcyclists frequently suffer in crashes include:
- Broken bones
- Neck and back injuries
- Road rash
- Broken bones
- Head and brain injuries
- Spinal cord injuries
- Nerve injuries
- Amputation of limbs
The injuries that bikers suffer often require multiple surgeries, extensive physical therapy, and pain management regimens. The dedicated Duluth motorcycle accident lawyers at The Herro Law Firm have significant negotiation and litigation experience to help you recover fair compensation.
How Is Fault Determined in a Duluth Motorcycle Accident?
Georgia is a fault state and follows the modified comparative negligence rule. This means that the party at fault for the motorcycle accident is liable for the resulting damages. In addition, each case is evaluated to determine the percentage of each party’s blame for the crash to determine who is liable.
Per the modified comparative negligence doctrine, motorcycle accident victims in Georgia can recover compensation for resulting damages as long as they are less than 50% at fault for the accident. However, the monetary equivalent of a plaintiff’s percentage of fault is subtracted from the total compensation they are to recover.
What Type of Compensation Can I Receive for My Motorcycle Accident?
Because motorcycle accidents often cause life-altering injuries to bikers and passengers, these cases typically warrant extensive monetary compensation. Motorcycle accident victims in Duluth, GA, may be entitled to financial compensation from those at-fault for the accident for losses and expenses such as:
- Past and future medical bills (ER visits, doctor’s appointments, prescriptions, medical equipment purchase, physical/occupational therapy, etc.)
- Loss of income
- Cost of home care or long-term health care services
- Loss of future employment benefits or earnings
- Pain and emotional distress
- Loss or enjoyment of life
- Permanent, severe impairment or disfigurement
- Repair and replacement costs
- Wrongful death
Insurers may try to get you to accept a settlement that is less than what you deserve. Do not make a rush decision. Instead, talk to a Duluth motorcycle accident lawyer to help you understand the full extent of your losses and damages and pursue fair compensation.
Why Was My Duluth Motorcycle Accident Claim Denied?
Since Georgia is a “fault” state, filing for a motorcycle accident insurance claim against an at-fault driver is typically the first step toward recovering compensation. However, you may not be able to rely entirely on an insurance settlement to cover your losses. Besides, the insurance company may deny your claim altogether.
Some reasons insurance companies may give for denying your Duluth motorcycle accident claim include:
- The policy was canceled or lapsed.
- The driver was underinsured or uninsured under the policy.
- Insurers believe the crash was your fault.
- They don’t believe you were really injured.
- They believe you had preexisting injuries.
Did the at-fault driver’s insurance carrier deny your claim? Dealing with insurance companies can be daunting – you don’t need to handle them on your own. When our Duluth motorcycle accident lawyers handle your case, they will assist you in filing your insurance claim and make every effort to negotiate a fair settlement to compensate you for your injuries.
Are There Time Limits for Filing a Motorcycle Accident Claim in Georgia?
Yes! The seasoned motorcycle accident lawyers at The Herro Law Firm will make sure to file a strong case within Georgia’s statutory filing deadlines, as O.C.G.A. Code Title § 9-3-33 allows only two years after the accident or discovery of injuries for motorcycle accident victims to start the litigation process.
Talk to an Experienced Motorcycle Accident Lawyer in Duluth!
Motorcycle accident claims are often complex endeavors, and unfortunately, many courts and juries have a bias against bikers who they stereotype as thrill-seekers. In reality, because motorcycles offer little protection to riders, most motorcyclists are more cautious than other drivers. It takes an experienced and dedicated motorcycle accident lawyer to challenge an insurance adjuster or court’s misconception.
At The Herro Law Firm, our motorcycle accident lawyers in Duluth, GA, can have the legal experiences, skills, support, and resources you need to effectively represent your case and advocate for the full, fair compensation you deserve.
Call The Herro Law Firm today (404) 433-6876 to schedule a free case review with an experienced motorcycle accident lawyer.