When motorcycles collide with other vehicles or stationary objects, the results are often tragic. Motorcycle accidents frequently lead to serious injuries, such as broken bones and brain injuries.
If you were injured or your loved one died in a motorcycle accident caused by another person’s negligence, you may be able to recover financial compensation known as damages for medical expenses, lost wages, and more. A Riverdale personal injury lawyer with Kaine Law may be able to help you recover damages for these expenses and more.
Negligence and Liability in a Motorcycle Accident
Not every accident results from negligence, but some do. Negligence occurs when drivers behave carelessly or recklessly at the wheel. Here are the criteria that must be met for a driver to be considered negligent and liable for a motorcycle accident:
- Duty of care: Every driver, whether driving a motorcycle, car, or truck, owes a duty of care to other drivers and pedestrians. This duty of care requires people to drive in a way that keeps others safe and out of harm’s way.
- Breach of duty: Drivers who put others at risk of harm breach the duty of care.
- Causation: The breach of duty must have directly caused the motorcycle accident.
- Damages: Anyone who causes an accident can be held liable and financially responsible for the accident.
Comparative Negligence in a Motorcycle Accident
As a motorcycle operator, you also have a duty of care to others on the road. That means you must obey traffic laws, watch where you’re riding, and do your best to stay safe on the road so that others can stay safe, too. However, even if you’re in an accident where you may be found partially at fault, you could still recover damages.
Georgia follows modified comparative negligence laws, which means that an injured party found at fault for their accident can still recover compensation as long as they are less than 50% at fault. A motorcycle accident lawyer serving Riverdale from Kaine Law can help determine liability and how that impacts your potential settlement.
For a free legal consultation with a motorcycle accident lawyer serving Riverdale, call 404-214-2001
Negligent Driving Causes Motorcycle Accidents
Many types of careless driving can lead to motorcycle accidents. Here are some of the most common instances of motorcycle accidents caused by negligence:
- Failure to look for a motorcycle before turning or changing lanes
- Driving under the influence of drugs or alcohol
- Distracted driving, including texting while driving
- Weaving in and out of traffic
- Ignoring traffic signs and signals
These are just a few examples of how negligence can cause an accident. Your lawyer will thoroughly investigate your accident to look for evidence of negligence by the other driver.
Riverdale Motorcycle Accident Lawyer Near Me 404-214-2001
Recoverable Damages After a Motorcycle Accident
Your lawyer will help you determine the value of your damages after the motorcycle accident. He will support this estimate with evidence such as pictures of your injuries, your medical bills and records, and past wages statements. You may be able to recover both economic and non-economic damages.
The severe injuries that frequently result from a motorcycle accident can quickly result in staggering medical bills. If you are out of work while you recover, those bills can seem overwhelming. Economic damages compensate victims for expenses related to the accident, such as:
- Medical bills such as emergency care, ambulance bills, diagnostic imaging, surgeries, prescription medication, rehabilitative therapies, and more
- Medical equipment such as wheelchairs, walkers, motorized scooters, neck braces, and more
- Future medical treatment if you need additional surgeries, therapy, or ongoing care
- Lost wages and future lost wages for unpaid time out of work while you recover or if you cannot return to work
- Home modifications such as ramps, wide hallways and doors, accessible bathrooms and showers, and more
- Funeral and burial expenses if you lost a loved one
Medical bills and lost wages represent only a fraction of the impact a motorcycle accident can have on your life. Many motorcycle accident victims face a life that is permanently altered either mentally, physically, or both. Non-economic damages compensate victims for these intangible losses. You may be entitled to non-economic damages if:
- You have permanent brain damage.
- You have a permanent disability, such as a spinal cord injury or amputated limb.
- Your injuries require a long recovery.
- You develop a psychological condition such as PTSD, anxiety, depression, or insomnia.
- Your injuries prevent you from participating in hobbies or activities you once enjoyed.
- Your injuries have otherwise reduced your quality of life.
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How a Lawyer from Our Team Can Help Your Case
Our team will work with you to obtain fair compensation for your injuries. Here are some ways we can help:
- Investigate the accident: Your lawyer will investigate who caused the accident. He will interview eyewitnesses, collect police reports, gather cell phone records and toxicology reports, and more.
- Negotiate a settlement: Your lawyer will use his evidence-based estimate of your damages to negotiate a settlement with the insurance company.
- Take your case to trial: If negotiations fail, your lawyer will file a lawsuit against the at-fault driver and fight for you in court.
What If My Insurance Claim Is Denied?
The other party’s insurance company or your own may deny your motorcycle injury and property damage claim for several reasons, including:
- They believe your actions alone caused the accident.
- You failed to seek medical attention right away.
- The insurance policy has lapsed or is not sufficient to cover the damages.
- They believe your injuries were not caused by the accident.
- You didn’t provide all the necessary documentation in your claim.
- The statute of limitations expired.
Insurance companies can be very difficult to work with, whether you’re filing a claim or negotiating a settlement. Working with a motorcycle accident attorney ensures someone familiar with this process is in your corner.
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Our Case Results
At Kaine Law, our team of lawyers has multiple decades of experience representing victims of personal injury. Our team is committed to fighting for justice for people who were harmed because of another person’s negligence. Here are some examples of cases we have successfully resolved:
- $650,000 for a motorcycle accident case
- $450,000 for a motorcycle accident case
- $5.75 million for an accident caused by a roadway defect
- $500,000 for an ATV accident
Legal Deadlines in a Motorcycle Accident Case
Your lawyer will help you meet important legal deadlines, including the deadline for filing a lawsuit before the statute of limitations ends. O.C.G.A. § 9-3-33 sets the statute of limitations for personal injury or wrongful death at two years.
This law means that you generally have two years from the date of the accident or two years from the date your loved one died to take legal action against the at-fault party after a motorcycle accident.
Common Motorcycle Accident Injuries
Injuries from motorcycle accidents can be permanently life-altering. Here is some information on common motorcycle accident injuries:
- The Georgia Department of Public Health states that 14% of motorcycle riders who were hospitalized after an accident had a traumatic brain injury (TBI). Of motorcycle riders who died in the hospital, 77% had a TBI.
- According to Emory Healthcare, motorcycle accidents are a common cause of lower leg fractures known as tibial shaft fractures, including fractures in which the bone breaks into several pieces.
- Motorcycle accidents can lead to peripheral nerve disorders, especially to the brachial plexus, a nerve in the shoulder.
What to Do After a Motorcycle Accident
There are many steps you and your family can take after a motorcycle accident to preserve evidence that strengthens your case and get the medical care you need to start recovery:
- Call 911 so emergency medical services and the police can process the scene.
- Document the accident by taking photos of your bike, the other vehicle, your injuries, your damaged equipment, and the surrounding area. Collect contact information from any witnesses to the accident, too, if possible.
- File a police report by giving your account of the accident, if you’re able to do so. However, avoid talking about how you were driving or admitting fault for the accident. If you were taken for emergency care and could not file a police report, you should do so when you’re well enough.
- Seek medical attention as soon as possible so you can tend to wounds, fractures, or other injuries. This step is also important in documenting your injuries and validating your motorcycle injury claim.
- Call a motorcycle accident attorney to handle all the insurance claims, evidence gathering, negotiations, and lawsuit filings for you.
- File a claim with your insurance company to report the accident and the damages. You may also have your attorney handle this step if you think you may be at fault for the accident.
- Don’t speak with the other driver’s insurance company, as this may jeopardize your ability to seek compensation or hinder your case. Our team can handle all communications for you.
Kaine Law Can Help You After a Riverdale Motorcycle Accident
If you were injured or lost a loved one in a motorcycle accident, you may be entitled to compensation for medical bills, lost wages, funeral expenses, and more. Your Riverdale motorcycle accident lawyer with Kaine Law will work with you to obtain damages from the at-fault party and their insurance provider.
Contact us for a free case consultation. Our lawyers work on contingency, which means we accept no payment unless we win your case.