- March 12, 2024
- Attorney Matt Stoddard
- Motorcycle Accidents
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.
Differences Between Motorcycle Crash Cases and Other Accident Cases
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 than those of someone who causes a car accident. The same holds true with motorcycle collision claims and other accident cases.
1. Motorcycle Injuries are Usually More Severe
Motorcycle crash injuries tend to be more severe than those someone may suffer in a car accident. Common injuries reported in motorcycle collisions include:
- Road rash
- Broken bones
- Burns
- Traumatic brain injuries (TBIs)
- Head and neck injuries.
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.
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.
2. Does Anti-Biker Bias Exist?
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.
3. How Does Helmet Use Affect Motorcycle Lawsuits?
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.
4. Motorcycle Accident Laws are More Complex
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 of 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.
5. Evidence in Motorcycle Accidents Can be Harder to Collect
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.
Get Legal Help with a Motorcycle Crash Claim
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.
Attorney Matt Stoddard
Matt Stoddard is a professional, hardworking, ethical advocate. He routinely faces some of the nation’s largest companies and some of the world’s largest insurers – opponents who have virtually unlimited resources. In these circumstances, Mr. Stoddard is comfortable. Mr. Stoddard provides his strongest efforts to his clients, and he devotes the firm’s significant financial resources to presenting the strongest case possible on their behalf. Matt understands that his clients must put their trust in him. That trust creates an obligation for Matt to work tirelessly on their behalf, and Matt Stoddard does not take that obligation lightly. [ Attorney Bio ]