If you fall victim to a preventable motorcycle accident, you might have a legal claim for your accident-related injuries and losses. Likewise, you could have lost a loved one due to the negligence of others in causing a motorcycle crash. If so, you might also have a cause of action for wrongful death.
A Gainesville personal injury lawyer at our firm can analyze your situation. Our team will determine whether you are eligible to collect compensation for your losses through a legal claim. We work hard to support you at a difficult time so you can focus your time and energy on getting better.
How do I Prove Fault in a Gainesville Motorcycle Accident Case?
Most motorcycle accident injury cases rely on finding fault. A driver or other individual might be responsible for causing a motorcycle accident if he or she was negligent. Generally, negligence is a legal concept that refers to people whose actions are so careless that they disregard the safety of others.
Proof of negligence requires evidence of four separate elements, which include:
- A duty of care owed by the driver to the injured party. For example, everyone driving a car on public streets is supposed to keep a careful lookout for other vehicles.
- A breach in the duty of care. It is negligence when a driver fails to live up to a legal duty. Let’s say that the driver of a car did not look for other vehicles when changing lanes on the highway. That behavior violates the duty of care.
- Link between the breach and the accident. The careless conduct must be the thing that caused the collision. If the car driver struck the motorcycle because they negligently changed lanes without checking to see if another vehicle was already in the intended lane, the facts satisfy the causation requirement.
- Damages the injured parties suffered. If the motorcycle rider took evasive action to prevent a crash despite the other driver’s negligence, there wouldn’t be any monetary damages. On the other hand, if the motorcycle rider got injured because of a collision between the motorcycle and the car or because they had to take evasive action, the motorcyclist could pursue a personal injury claim.
All drivers owe a duty of care when they are driving on public roadways. They owe this duty of care to keep others safe, including other drivers, passengers, motorcyclists, pedestrians, and bicyclists. When they do something—or fail to do something—that violates that duty of care and harms someone, they are responsible for the costs of that harm
What Evidence Will Motorcycle Accident Attorneys Collect?
The majority of motorcycle accident claims are settled out of court based on the weight of the accumulated evidence. It will tell the story of the accident objectively and can lead to a settlement versus a lengthy trial.
The case file we build for you will contain the following:
- Medical records and bills that prove the cause and cost of your injuries
- Police report that proves the accident’s causes and contributing factors and contains key details including points of impact, notes, and diagrams
- Lay witness statements from anyone who came forward after the accident and expert witness testimony
- Accident scene photos and reconstruction reports that detail road hazards and weather conditions that may have contributed to the accident
- Estimates for motorcycle property damage or estimates to repair a motorcycle that is declared a total loss
- Dashcam, security, and surveillance video footage that may have captured a negligent, left-turning driver or other negligent behavior that caused or contributed to the collision
We also collect evidence that proves your income losses. This portion of your case file will include proof of income from all sources of employment. As part of the settlement negotiations, we carefully assess your case and fight hard for the fair settlement you need and deserve.
For a free legal consultation with a motorcycle accident lawyer serving Gainesville, call 404-214-2001
What Kinds of Compensation Can I Get in a Motorcycle Accident Case?
Various expenses you experience as a result of an accident may be compensable in a personal injury claim. Your motorcycle accident lawyer can give you a sense of the amount and types of damages available in your Gainesville case.
Financial compensation can vary greatly on a case by case basis. It is hard to state the average settlement for motorcycle accident cases in Georgia. However, your losses will influence the award you might receive. These damages could include any of the following:
- Medical bills and expenses, currently and in the future
- Physical pain and suffering
- Scarring and disfigurement
- Permanent impairments
- Lost wages and loss of future earning capacity if permanently disabled
- Emotional trauma and mental anguish
If an accident proves fatal, other potential damages might include funeral and burial expenses, loss of consortium, loss of the support or services from the deceased close relative, and more. By working with a Gainesville wrongful death lawyer, you also may be eligible to recover other accident-related expenses, depending on your circumstances.
Gainesville Motorcycle Accident Lawyer Near Me 404-214-2001
Why Should I Hire a Lawyer from Your Law Firm to Help Me After a Motorcycle Accident?
We will present evidence of your injuries and accident-related losses to the insurance company and work to negotiate a settlement. In some cases, however, a settlement may be impossible. Insurance companies are out to make a profit and are not on your side. They have no interest in paying your claim; instead, their goal is to pay you as little as possible.
Among our many duties as your legal advocates, we will:
- Gather evidence of fault for the accident
- Interview witnesses and request documents from opposing and third parties
- Document your injuries, medical bills, and other losses
- Present a thorough claim for damages to the insurance company
- Negotiate with the insurance company to reach a settlement
- Represent your interests throughout every stage of the legal proceedings
If the insurance company minimizes your injuries and cannot offer you a reasonable settlement under the circumstances, we will proceed to court. We will not hesitate to continue pursuing your claim in the courtroom whenever it becomes necessary.
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How do I Pay for Your Legal Services?
We operate on a contingency-fee basis, meaning it will cost you nothing out of pocket to obtain our legal counsel or pay your legal fees. If we recover compensation from you, we will take our legal fees from that settlement or damages award. We will make sure you understand our payment structure from the beginning to avoid surprises down the road.
We want you to pursue your case without worrying about how to come up with the money to pay for it up front. You can contact us for a free consultation at any time. If we decide to work together, you pay us no legal fees until we resolve your case.
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Who Can I Sue for My Injuries or Losses After a Motorcycle Accident?
The most obvious person you might sue after suffering injuries in a motorcycle accident would be the driver who caused the accident. However, other parties might also be partially or fully liable for the wreck.
The driver might have been violating Gainesville, Georgia Code of Ordinances Sec. 3-4-181, enforcing speed limits. However, another party might have also been negligent. For instance, more than one driver might have contributed to the crash. If a driver was working at the time of the accident, his employer might share liability.
Furthermore, if a defective motorcycle part caused the crash, you might have a claim against the company that manufactured, distributed, or marketed the part.
How Long do I Have to File a Motorcycle Accident Case?
O.C.G.A. § 9-3-33 permits you to file a lawsuit for up to two years after the date of your motorcycle accident. However, Georgia law does provide for some exceptions to this general rule. For instance, if you need to sue a government agency in connection with a motorcycle accident, you only have six months under O.C.G.A. § 36-33-5 to take action.
As a result of these strict deadlines, you may want to consider getting a legal opinion about your case from our law firm sooner rather than later. Additionally, the sooner that we hear from you, the sooner we can get up to speed on your case. At that point, we can begin working for compensation for your losses in the motorcycle accident.
What Should I Do After a Motorcycle Accident?
Every motorcycle accident case is different. You should also do what is sensible in your situation. Here are a few suggestions about things you might consider doing after getting hurt in a motorcycle crash.
Complete Your Prescribed Medical Treatment
We know it is inconvenient to have to miss even more time from work to attend physical therapy and other health care appointments, but finishing the items your doctor prescribed could help you recuperate as well as can be expected.
Also, the at-fault driver might argue that you would have healed better if you had not skipped the remaining sessions. You do not want to give the party whose negligence hurt you an excuse to pay you less money than they should.
Disable Your Social Media Accounts
There is no such thing as privacy when you post things online. If you upload photos or make comments that you think are only for your friends and family, the insurance company might get access to your social media accounts and see these things.
Taken out of context, a harmless photograph or a comment about the person who caused the crash could come back to haunt you in your personal injury case. We usually recommend that our clients stay entirely off of social media until after their case settles or their trial is over.
Partner with Our Motorcycle Accident Lawyer
You do not have to deal with the insurance company or claims adjuster by yourself. These huge corporations hire teams of defense attorneys and investigators who try to find reasons to pay you less money than they should or to deny your injury claim.
When you work with our Gainesville motorcycle accident lawyer, we handle everything in your case so that you can have the time and energy you need to get better. We value and respect our motorcycle accident clients. We do not rest until we get our clients the best possible outcome.
Talk to Us Today About Your Gainesville Motorcycle Accident Case
The injuries and losses after a motorcycle accident can be devastating, but you may have legal recourse. If another party was responsible for causing your accident, you might be able to pursue a legal claim. Our accident lawyers can help you after your Gainesville motorcycle crash.
Call Kaine Law for a free case review. Learn more about your options in the aftermath of a motorcycle accident. We can explain in detail how legal claims work, what you can expect, and how we can get started on your claim.
Call or text 404-214-2001 or complete a Free Case Evaluation form
