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by The Stoddard Firm - January 23rd, 2025
What does fault mean in a motorcycle accident lawsuit? To win a financial award in a motorcycle accident lawsuit, the victim must show that the at-fault party caused the accident. Fault in this case means if the other driver had taken different actions, the driver would not have caused the accident. Proving fault in a motorcycle accident does not mean you must show the other driver purposefully caused the accident. You simply must show that the other driver acted negligently or recklessly, which led to the accident.
The insurance company representing the driver in the accident may not want to accept fault. If the other driver is not primarily at fault, you cannot win any money in your lawsuit. If the insurance company tries to blame you for the accident, you could see a reduced financial award or no financial award. You and your personal injury attorney need to investigate the circumstances of the accident and produce facts that show the other driver was at fault.
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Some of the factors that determine fault in a motorcycle accident include whether:
Police officers who respond to the accident will investigate and create an accident report. They may assign fault to one of the parties involved in the accident as part of the report. It’s important for this report to have accurate information, as the report is a key piece of evidence in any motorcycle injury accident lawsuit.
Some common accident scenarios that involve motorcyclists – and who might be at fault – include:
The role of insurance companies in a motorcycle accident lawsuit is to pay your financial claim for your injuries – as long as the other driver is primarily at fault. An insurer may try to take steps to avoid paying your injury lawsuit settlement by blaming you. Insurers increase their profit margins by eliminating or reducing the amounts they pay to victims in injury accident claims.
From an insurance company perspective, motorcycle accident lawsuits differ from other injury accident cases in the way the insurer attempts to assign blame. Insurance lawyers know that juries, lawyers, and judges might not fully understand how to operate a motorcycle, so they may try to introduce information that makes it difficult to understand which party was at fault for the accident.
To try to avoid confusion, your attorneys will do a thorough investigation that shows exactly what happened and why the other driver is at fault. Hiring an injury lawyer who has extensive experience with representing victims in motorcycle injury accidents is important. Experienced lawyers can watch for these tactics from the insurer and work to counteract them by explaining what happened in easy-to-understand language.
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Most people do need an attorney in a motorcycle accident lawsuit. Although you have the right to represent yourself, the experience and professionalism of injury lawyers can be advantageous in trying to win a claim. Because insurance companies rarely want to pay victims the award amounts they should have, you require someone who will help you deal with an unfair insurance company.
Insurance company representatives may promise to help you receive a fair amount. However, you have to remember that the rep works for the insurance company, not you. This person’s ultimate loyalty will always be to the insurer.
When you have Georgia personal injury lawyers on your side, they can help you understand the timeline for a motorcycle accident lawsuit. Lawyers can try to prevent the insurer from stalling and delaying the case in an effort to frustrate you. Your injury lawyers can provide advice about whether it’s a good time to settle the case after an offer from the insurance company.
Should you need to prepare for a motorcycle accident deposition as the negotiation process moves forward, your attorneys can help you prepare for the questions you’ll have to answer. They can help you understand every step of the injury lawsuit process after a motorcycle accident in which you believe you were not at fault.
What does fault mean in a motorcycle accident lawsuit, and what do you have to do to prove fault? Proving fault by yourself is very difficult against an insurance company that is refusing to accept blame for its client, or that is blaming you. Seeking the help of an Atlanta motorcycle accident lawyer to investigate the crash and find facts that show fault on the part of the other driver can be the difference between winning and losing your financial claim.
At The Stoddard Firm, we fight tirelessly for our clients. We do not cut corners when investigating your motorcycle accident. We understand the importance of proving fault on the part of the other driver in trying to win the claim that you deserve to have. For a free review of your case, call us at (470) 467-2200 today. Let us explain what steps we can take on your behalf.
A dedicated, ethical advocate who spent years defending major corporations in serious injury and wrongful death cases before switching sides to fight for families who have lost someone. Known for high-profile wrongful death trials featured on Courtroom View Network, he is also a sought-after legal educator, teaching at seminars for top bar associations. Trusted by clients and media alike, he works tirelessly to pursue accountability and deliver results for families facing catastrophic loss.
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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