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by The Stoddard Firm - March 12th, 2024
Motorcycle accident cases differ from all others. If you are involved in a motorcycle crash that happens due to no fault of your own, you may want to pursue legal help. By partnering with an Atlanta motorcycle accident lawyer, you may be able to hold any at-fault parties responsible for their actions. The Stoddard Firm makes it easy to connect with an experienced motorcycle accident attorney.
Motorcycles make up 3% of all registered vehicles in the United States, according to the National Safety Council (NSC). Riders are involved in accidents every day. When a rider gets into a crash, the consequences may be very different from those of someone who causes a car accident. The same holds true with motorcycle collision claims and other accident cases.
Motorcycle crash injuries tend to be more severe than those someone may suffer in a car accident. Common injuries reported in motorcycle collisions include:
A motorcyclist may wear a helmet and other protective gear. Regardless, a car or truck is much bigger than a motorcycle. When a car or truck slams into a motorcyclist, this individual may fly off their bike. This can lead to a serious injury. In the worst-case scenario, the rider may die.
It’s also important to know the motorcycle accident fatality rates in the U.S. This nationwide statistic highlights just how severe motorcycle crashes can be compared to other types of collisions.
Meanwhile, a car or truck driver has more protection than a motorcyclist. For instance, if a driver gets into an accident, their vehicle’s airbags may deploy. This may help minimize the risk of a head or neck injury.
Along with this, seat belt laws apply to car and truck drivers and passengers. If a driver crashes their vehicle, their seat belt may help prevent this individual from flying forward, going through the windshield, and getting hurt.
Some people believe motorcycles are inherently dangerous. You may ride your motorcycle and follow the rules of the road. However, no matter what you do, there may be people who feel you are not riding your bike safely. This bias may extend into a courtroom, which may affect your ability to get compensation if you are involved in a motorcycle crash lawsuit.
Comparatively, there are very few biases against car and truck drivers, though some have biases against young drivers. Beyond these biases, most people expect drivers to proceed with caution when they travel from point A to point B.
You cannot change biases against motorcyclists, but you can fight back against them. For example, if you suffer a back injury in a motorcycle crash caused by a negligent motorist, you may be able to present a wealth of evidence to support your claim. You may share photos and videos from the scene of your accident, medical records, police reports, and other proof. With each piece of evidence you provide, you may be able to show a judge or jury that you were in no way at fault for your crash. This may lead the court to award you damages.
Motorcyclists are not required to wear a helmet in every state. Georgia is one of 19 states and the District of Columbia that requires every motorcyclist to wear a helmet. In spite of this, some riders choose not to wear a helmet. When they do, they put themselves in danger. They may also face penalties.
If a motorcyclist decides not to wear a helmet, they may be subject to a fine of up to $1,000, one year in jail, and community service. A rider who violates Georgia’s helmet law may face one or all of these penalties.
There is no requirement for a car or truck driver to wear a helmet. They are required to follow safe driving rules. If a driver violates these rules and causes a rear-end collision or any other type of accident, they may be held accountable.
Motorcycle laws may be more complicated than many others. To understand why, consider how negligence may apply to a motorcycle or car accident.
To secure damages after a motorcycle crash, a rider must show that an at-fault party had a duty of care toward them. They must also prove that this party violated their duty of care, which led to an accident. The rider must verify that they suffered economic or non-economic losses as a result of the other party’s actions.
A rider is responsible for the burden of proof following their crash. If they cannot show that all the elements of negligence were present at the time of their collision, they may not be able to get damages from any at-fault parties.
With a car accident claim, it may be easier for a driver to show that another party was at fault. For example, an intoxicated driver may cause a crash. The other driver involved in the collision may be able to provide a police report and other evidence to validate their claim. This may help the driver show the intoxicated motorist was negligent.
If you get seriously hurt in a motorcycle accident, you may not have the ability to gather any evidence at the crash scene. This may be due to the fact that you cannot move or you are unconscious.
On the other hand, a car or truck driver may be able to gather plenty of evidence just moments following their crash. The driver may be able to call 911, which will bring police officers and medical personnel to the accident scene. They may be able to use their smartphone to take photos and videos at the scene. If people saw the crash, they may be able to provide witness statements.
When a motorcycle rider lacks sufficient evidence, it may be tough to prove that an at-fault party is 100% responsible for their collision. In Georgia, comparative negligence applies. If you are found to be more than 50% at fault in a motorcycle accident, you may not be awarded any damages.
It may be impossible to avoid legal challenges during a motorcycle accident lawsuit. Fortunately, you can partner with an experienced attorney. By hiring a lawyer who has achieved outstanding case results in motorcycle crash lawsuits, you may boost your chances of getting compensation from anyone responsible for your collision.
The Stoddard Firm has a winning formula for motorcycle collision cases. We focus on managing the legal aspects of your case so you can prioritize your recovery. To request a free case consultation, contact us online or call us at 470-467-2200.
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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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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