Motorcycles are popular vehicles due to their mobility and freedom. However, they also have their own unique risks. Other drivers are often unaware of motorcycles, which leaves motorcycle riders vulnerable to devastating injuries or even death during an accident.
If you or a loved one was injured as a result of a motorcycle accident, you should call the experienced Lawrenceville motorcycle accident lawyers at The Herro Law Firm. Call us today at (404) 433-6876 to schedule your free consultation with our skilled car accident lawyers.
How Can an Lawrenceville Motorcycle Accident Lawyer Help Me?
Working with a reputable motorcycle accident lawyer has many benefits. Here are some of the ways a motorcycle accident lawyer can help with your compensation claim:
- Investigating your motorcycle accident
- Gathering evidence with regards to liability
- Contacting the other driver’s insurance company
- Contacting your health care provider to obtain records to prove damages in your claim
- Organizing and presenting evidence to prove damages and liability
- Negotiating with lien holders on your claim to reduce the amount
- Negotiating a settlement with the insurance company
- Representing you in court if settlement negotiations fail.
What Are the Most Common Causes of Motorcycle Accidents?
The vast majority of motorcycle accidents are both preventable and avoidable. Common causes of motorcycle accidents include:
Distracted driving is one of the most dangerous habits. Many motorists sharing roads with motorcyclists are multitasking, which makes them a danger to all road users including motorcyclists.
Failure to Pay Attention to Motorcycles
Motorcycle accidents typically involve passenger vehicles and drivers that fail to see the motorcyclist in time to prevent the accident. Unfortunately, the motorcyclist does not have enough time to react.
Drunk Driving or Drugged Driving
If a driver is intoxicated after taking drugs or alcohol, his/her key driving skills are reduced. This can make it harder for him/her to see a nearby motorcycle or respond quickly to prevent a crash. Our drunk driving lawyers can help with your accident.
Faulty Mirrors, Brakes, or Lighting
A motorcyclist can sustain fatal or serious injuries as the result of a defective part. If a defective part caused an accident that resulted in catastrophic injuries, the manufacturer of the parts may be liable.
Unexpected Pedestrians in the Road
If pedestrians walk in a restricted area or cross traffic against protocol and safety signals, a motorcycle can strike them leading to serious injuries or even death to both parties.
Motorcycle Accident Statistics
Fatal motorcycle accidents have increased steadily in recent years. In 2017, 139 fatalities were reported, 154 in 2018, 170 in 2019, and 179 in 2020. In 2019, there were 3,948 motorcycle accidents reported throughout the state, and a total of 4,269 motorcyclists were involved in the accidents.
What Are the Motorcycle-Specific Laws in Georgia?
All motorcyclists in Georgia need to be aware of the following motorcycle-specific laws in the state:
- All motorcyclists are required to pass the motorcycle driving and road signs test and have a Class M drivers’ license.
- Motorcycles are banned from splitting lanes and driving in between lanes. They are also prohibited from overtaking vehicles in the same lane as the vehicle being passed.
- The headlights and taillights have to be illuminated at all times when driving the motorcycle even during the day.
- All motorcycle riders and passengers are required to wear federally recommended motorcycle helmets. Motorcycle riders are also required to wear protective eyewear.
All motorcyclists are required to obey the rules above in addition to the other traffic laws applicable whenever driving on Georgia’s laws. It means that they are required to signal before they turn, come to a complete stop whenever at a stop sign, avoid tailgating, speeding, or even driving recklessly.
What Are the Most Common Injuries Seen in Motorcycle Accidents?
Here are some of the most common injuries seen in motorcycle accidents in Lawrenceville:
Broken bones are incredibly common in serious motorcycle accidents as the rider attempts to brace himself/herself for the fall. If the bone splinters, it can cause several injuries, organ damage, or other kinds of internal injuries.
Road rash is another commonly seen injury in motorcycle accidents. It can occur when the rider falls off his/her bike and his/her body slides across the pavement. It can cause excruciating injuries that lead to scarring and infection.
Head and Brain Injuries
To significantly reduce the severity of head and brain injuries in a motorcycle accident, it is always advisable to wear a helmet. Still, a traumatic brain injury is possible, especially in severe accidents. Unfortunately, this type of injury can have long-term effects.
Spinal Cord Injuries
Spinal cord injuries can be devastating. Injuries can result in various forms of paralysis, including quadriplegia, which is complete paralysis from the neck down. Motorcyclists with such injuries usually suffer chronic pain and are often unable to return to work.
How Is Fault Determined in an Lawrenceville Motorcycle Accident?
Fault in most motorcycle accidents is usually determined by the level of negligence each party had in causing the accident. A person or entity is considered negligent after behaving recklessly or carelessly and causing injury to another person.
Our Lawrenceville motorcycle accident lawyers at The Herro Law Firm will thoroughly review your claim to identify the 4 elements of negligence needed to hold the other party liable for your damages. The 4 elements are:
- Duty of Care – The other party had a duty of care to protect you and other road users from unnecessary risk of harm.
- Breach of Duty – The other party failed to uphold their obligation and caused you harm by not acting as a reasonably prudent person would have in the same circumstances.
- Causation – The other party’s breach of duty of care is what directly caused the accident that caused your injuries.
- Damages – You suffered actual damages (injuries and financial losses) due to the accident caused by the other party.
Comparative Negligence Doctrine
Georgia uses the modified comparative negligence doctrine to determine fault in motorcycle accident cases. Under this doctrine, you can recover compensation from the at-fault party even if you’re partially to blame for the accident. However, you are prohibited from recovering any compensation if you are found to be more than 50% at fault for causing your injuries.
What Type of Compensation Can I Receive for My Motorcycle Accident?
Here are the different types of compensation that you can receive for your motorcycle accident:
Economic damages are the financial losses incurred after the accident. This form of compensation is aimed at restoring victims to the financial state they were in prior to the accident. Examples include but aren’t limited to:
- Medical expenses
- Loss of future earning ability
- Lost income or wages
- Property damage
Non-Economic damages, on the other hand, are the intangible losses suffered as a result of your motorcycle accident. Examples include but aren’t limited to:
- Pain and suffering
- Loss of companionship
- Emotional distress
- Loss of enjoyment of life
Punitive damages are awarded for punishing certain conduct to such a degree that it merits some sort of punishment above and beyond the recovery solely for damages caused in the accident (such as driving while under the influence of alcohol or drugs).
The Lawrenceville, GA motorcycle accident lawyer at The Herro Law Firm will evaluate your claim thoroughly to determine the compensation you may be entitled to. Call us at (404) 433-6876 to schedule a consultation with our team.
Why Was My Motorcycle Accident Claim Denied?
Insurance providers can deny personal injury claims for a variety of reasons. Here at The Herro Law Firm in Lawrenceville, GA we often see insurance companies giving the following reasons as grounds for claim denial:
- The insurance policy doesn’t cover the type of accident that caused the injury
- The insurance policy wasn’t in effect at the time of the accident
- The person or entity that caused the injury isn’t covered under the insurance policy’s terms
- The policy limits have been exhausted
- Your injury was the result of a prior accident or pre-existing condition’
- You were unable to prove that your injuries were caused by the accident.
A claim denial isn’t the end of your personal injury case. It is possible to contest an insurance claim denial in a variety of ways, one of which is filing a lawsuit. Our Lawrenceville motorcycle accident lawyers at The Herro Law Firm can help you fight for the compensation you deserve following your injury or accident.
Are There Time Limits to Filing a Claim?
Yes. The time period within which you are required to have filed your claim is known as the statute of limitations, which is 2 years from the date of the accident. Your personal injury case doesn’t have to be resolved during this period, but you are required to have filed the claim within 2 years. Otherwise, you will lose your right to claim damages at all.
Injured in an Lawrenceville Motorcycle Accident? Our Legal Team Can Help!
The impact of a motorcycle accident in Lawrenceville, GA is devastating, but you don’t need to face the consequences of the negligence of another person or entity on your own. Our motorcycle accident lawyers at The Herro Law Firm are ready to fight for the compensation you deserve.
Call us today at (404) 433-6876 to learn how our seasoned legal team could help in your situation!