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by The Stoddard Firm - March 12th, 2024
Motorcyclists in Georgia have the right to enjoy the roadways safely, just like other travelers. Helmet laws require operators and riders to wear helmets while on a motorcycle. When an accident occurs, and a biker is not wearing a helmet, filing a lawsuit for the damages suffered becomes challenging.
The limited protection of riders against the impact of other motor vehicles often compounds the severity of motorcycle accident injuries. However, options may be available for Georgia motorcycle accident victims when persistence and knowledge are used to combat tactics to avoid compensation because they were not wearing a helmet.
Motorcyclists deserve the same protection against negligence that other drivers do. While not wearing a helmet goes against Georgia law, your injuries may have occurred even if you had been wearing a helmet. Our commitment to you is to:
Our team takes seriously the task of proving negligence, and we adamantly represent your rights, not the rights of the insurance company.
Yes, you can still sue, but it will impact your case. First, it will be critical to prove that the injuries resulting from the motorcycle accident would have occurred whether or not you were wearing a helmet. Reviewing documentation from the accident scene, including any existing video footage, will help demonstrate negligence on the other driver’s part.
A vital objective will be to prove that the injuries sustained in a motorcycle accident could not have been prevented by wearing a helmet. A helmet is crucial to helping protect the head and brain from injury. However, many injuries will still occur when a helmet is worn, including:
Helmets are significant contributors to the safety of a motorcyclist. However, it is unlikely that a helmet would prevent a leg injury or any of the abovementioned damages that have the potential to lead to catastrophic injury. When motorcycle accidents cause head, neck, or traumatic brain injuries, proving the injuries were unavoidable or could have been lessened by wearing a helmet may present serious challenges.
The damages a jury feels are appropriate for injuries sustained in a motorcycle accident when no helmet was worn may be reduced, meaning that some of the costs resulting from the incident will lead to out-of-pocket expenses a motorcyclist may have to pay. According to data cited by the National Library of Medicine, the cost of medical treatment can create profound medical debt, leading to the deterioration of personal finances, a reduction in needed health care, and an association with poor mental health.
Our Georgia motorcycle accident lawyers are committed to fighting for the best results in your case while recognizing that the verdict in a lawsuit may be impacted by the choice to ride a motorcycle without a helmet.
An experienced team of Georgia motorcycle attorneys will prepare to fight back against the arguments that a motorcyclist contributed to their injuries by not wearing a helmet. To do this, additional witnesses, such as medical experts, may be required to testify on behalf of a motorcyclist to demonstrate that the sustained injuries would not have been prevented by a helmet.
Your team may also need to prove the existence of a safe driving record, free of previous citations for disregarding helmet laws. Motorcyclists are often unfairly viewed as risk takers, and breaking down this stigma that immediately leads to blaming bikers for their injuries is often necessary.
Insurance companies will fiercely argue that your injuries resulted from not wearing a helmet. This could lead to a reduced payout. When Georgia motorcyclists sue for damages, a defendant’s insurance company will be ready for litigation.
Often, determining the outcome of a lawsuit comes down to who presents the most compelling argument when demonstrating the facts of a case. Working with a team experienced in taking on the insurance industry may provide a substantially better outcome when the stakes are high.
Georgia follows comparative negligence laws, which means a jury may find that a motorcyclist’s actions partially contributed to the damages they suffered. Attorneys for the defense will strive to effectively argue a higher percentage of blame should be assigned to a motorcyclist who did not use a helmet. You may be able to recover compensation for your injuries, but the amount may be reduced by the percentage of fault assigned to you, which can impact a verdict in a lawsuit.
Liability in an accident and who is responsible remains unchanged by helmet use. Not wearing a helmet should not prevent a motorcyclist’s right to take legal action. However, this choice may impact the amount of recoverable compensation.
Unfortunately, others often view motorcyclists as daredevils. Motorcyclists’ severe injuries and deaths continue to climb through the years, emphasizing the need for strong advocacy for victims of Georgia motorcycle accidents.
Let The Stoddard Firm fight for your fair compensation if you or a loved one suffered injuries due to a motorcycle accident. Call 470-467-2200 to schedule your free consultation. Negligence attributable to another driver – not the motorcycle rider — is the problem in most motorcycle accidents. We will fight for you.
A dedicated, ethical advocate who takes on major corporations and global insurers with virtually unlimited resources. Known for high-profile cases featured on Courtroom Viewing Network, this attorney is also a sought-after legal educator, teaching at seminars for top bar associations. Trusted by clients and media alike, they work tirelessly to secure justice and deliver results.
Member of the Atlanta Bar Association, the Georgia Bar Association, and the Georgia Trial Lawyers Association
Licensed in Georgia since: 2008
Education: University of Georgia School of Law
Personal injury compensation enables an injured individual to regain the same quality of life they had before the incident. This may entail funds for modifying a home for wheelchair accessibility or offering vocational training for those unable to return to their previous job. It is crucial for compensation to cover lost earnings and cover both past and anticipated medical costs.
We conduct interviews with colleagues, consult with attending healthcare professionals, and engage specialists to ensure we secure comprehensive compensation that aids our clients in re-establishing their life trajectories.
When deciding to hire an Atlanta personal injury lawyer, you need to consider:
1. Who’s at Fault
If you’re in an accident and it’s unclear who’s responsible, seeking advice from an attorney is wise. Insurance companies may attempt to attribute damages to you in such scenarios. An attorney can shield you from counterclaims and cross-claims, safeguarding your rights.
2. The Severity of Injuries Sustained
When facing a lifetime of pain, suffering, and mounting bills, taking chances is not an option. A personal injury attorney is entrusted with averting lifelong financial strain.
3. If You’re Facing Insurance Company Denial or Delay
The intricate laws and procedures surrounding personal injury claims are areas where insurance companies capitalize on individuals’ lack of expertise. A lawyer can provide invaluable assistance in this regard.
It’s possible but not necessarily probable and will likely depend on whether you want your case to go to trial. The majority of cases end in a settlement. Going to trial typically occurs when there are intricate, contentious matters regarding the accident’s cause or the severity of your injuries. Occasionally, defendants may simply be unyielding and unwilling to settle or you may just want more than the insurer believes is reasonable.
It shouldn’t be a shock if your attorney diligently pursues a settlement while also readying your witnesses for trial. A proficient lawyer must be equipped for any scenario. Demonstrating to the opposing party that we’re gearing up for a trial indicates that we’re resolute and not inclined to back down.
Determining all potential parties who could be held liable for a personal injury involves a thorough investigation of various factors. If someone else neglected to exercise reasonable care, they can be held accountable for the resulting injuries, as outlined in Title 51 of Georgia Code of Laws or as outlined in Georgia’s common law.
The individual directly involved in the accident may not be the sole party at fault. For instance, in the case of a drunk driving accident, while the driver may bear responsibility, the person who knowingly provided additional alcohol to an obviously intoxicated individual could also be deemed liable. In other circumstances, an at fault party’s employer is responsible for its employees actions.
Following a personal injury accident, there are critical steps you should take. First and foremost, seek prompt medical attention. Visit the emergency room or call for an ambulance at the accident site. Any delay in receiving medical care could impact your health and the outcome of your personal injury case.
Refrain from discussing your case with the insurance company representing the at-fault party. They may deny your settlement or offer a significantly lower amount than you deserve.
Additionally, it’s crucial for both you and your personal injury attorney to gather as much evidence and documentation as possible. This is vital in establishing that your injuries resulted from someone else’s negligence. Make an effort to collect records and documents related to your case, including medical records, police reports, photographs, witness contact information, and similar items. Once you’ve received medical attention, contact The Stoddard Firm.
Do not say anything! If an insurance company contacts you, refrain from providing any information until you have consulted with your attorney. Insurance companies typically contact accident victims in an attempt to elicit a statement about the incident, which they may use to devalue the settlement.
While you may eventually need to converse with them, seeking guidance from a seasoned legal team is crucial. They will provide clear instructions on what you should and should not disclose to protect the value of your case.
If you or a loved one has been injured due to someone else’s negligence, we’re here to help. Fill out the form below, and one of our experienced Atlanta personal injury attorneys will contact you shortly to discuss your case. Call us 678-RESULTS.
Your information will remain confidential and used solely to contact you about your case.
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I went through one of the worst times of my life. When I decided to reach out to Matt it was one of the best decisions I have ever made. He really is a genuine guy who cares about his clients. He worked hard for me and my family for 2 years until we were awarded a settlement we felt deserving! I could not recommend a better guy for your legal services!
Attorney Matthew Stoddard and his staff are awesome professionals. I contacted them with a problem, in my opinion he went above and beyond to assist me. He showed understanding and care and exceeded my expectations.
The Stoddard Firm did an excellent job in representing me in my case ! They went far and beyond to help me, even driving 4 hours to meet me multiple times as a client!!! I honestly felt like I was a member of their legal team and would recommend them to anyone in need of a great lawyer!!!
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was revised and approved by Attorney Matthew B. Stoddard, who has more than 16 years of legal experience as a personal injury attorney.
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If you or a loved one has been injured due to someone else’s negligence, we’re here to help. Fill out the form below, and one of our experienced Atlanta personal injury attorneys will contact you shortly to discuss your case. Call us 678-RESULTS.
Your information will remain confidential and used solely to contact you about your case.
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