At our Georgia injury firm, we’re not just lawyers; we’re educators. We pride ourselves on making information about the claims process accessible to those who need it. Here, we’ve created a guide to motorcycle accident claims that answers many case-related questions.
The most important thing to know is this: if you or a loved one suffered harm in a motorcycle accident, you have the right to pursue compensation. Our Atlanta motorcycle accident lawyers can handle your case while you focus on your recovery.
Who Can File a Motorcycle Accident Claim in Georgia?
You can file a motorcycle accident claim or lawsuit if:
- You experienced a motorcycle accident.
- Your loved one suffered harm in a motorcycle accident, and you are their spouse, parent, or estate’s representative.
For a free legal consultation, call 404-214-2001
Can I Recover Compensation If I Am Partially At Fault for the Accident?
Depending on the cause of your accident and how your bike and the car collided, the vehicle driver could allege that you contributed to the accident. For example, if you weren’t wearing a helmet at the time of the crash, the insurance company may claim you are partially at fault for your injuries. According to O.C.G.A. § 51-12-33, any percentage of fault assigned to you could reduce your financial recovery by a corresponding percentage.
If your percentage of fault is above 49 percent, you will likely be unable to recover the compensation you need.
A motorcycle accident lawyer can help you avoid any potentially costly inaccuracies.
What Are the Deadlines for Filing Motorcycle Accident Claims in Georgia?
How long you have to file a motorcycle accident claim typically depends on the insurance company. They usually have their own deadlines for accepting claims. Generally, insurance providers want to know about collisions immediately.
According to O.C.G.A § 9-3-33, you generally have two years to file your personal injury lawsuit or wrongful death lawsuit.
The word “generally” is very important. There may be exceptions to the statute of limitations that give you more or less time to file. Our team can help you understand the state’s filing deadline and the costly consequences of filing your lawsuit too late.
What Damages Can You Receive from a Motorcycle Accident Claim?
Your compensable damages depend on your losses. Motorcycle accidents affect victims differently but, in general, you can recover:
The Cost of Your Necessary Medical Expenses
Compensable healthcare expenses may include:
- Ambulance transportation
- Emergency department care
- Diagnostic imaging scans
- Pain-relieving medication
- Antibiotics
- Surgery
- Hospitalization
- Physical therapy and mental health services
Your medical expenses may rise as your recovery progresses. Our firm can evaluate the cost of your past, present, and future healthcare expenses.
Income Losses
Serious motorcycle injuries can cause you to miss time from work. You could recover the following:
- The loss of your regular earnings
- Lost opportunities for retirement contributions and performance bonuses
- Lost tips, bonuses, and freelance contracts
We will use your employment history to calculate these losses.
Property Damage
We can also recover the cost of repairing or replacing your motorcycle.
Non-Economic Damages, Such as Pain and Suffering
Motorcycle accidents also result in emotional and physical hardships. Compensatory damages in these situations include:
- Disability
- Loss of consortium
- Pain and suffering
- Emotional anguish
- Scarring
- Disfigurement
Wrongful Death-Related Losses
If you lost a loved one in a motorcycle accident, we want to first offer our most sincere condolences. We know that money may not be on your mind at this time, but a wrongful death claim could allow you to recover compensation for the cost of their funeral, pain and suffering, and healthcare expenses. Your own loss of support, companionship, and financial protection may entitle you to further awards.
We review every client’s case individually to identify every eligible damage.
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What Is the Average Value of a Motorcycle Accident Claim in Georgia?
There is no average settlement value for a motorcycle accident claim, as each case is different. The specifics of your case will determine what you can recover.
Our team will pursue an award that covers all your losses.
What Do I Need to Prove for My Case to Be Successful?
To recover compensation, you must establish the following:
- The other party owed you a duty of care to drive safely. All drivers owe other road users a duty to drive in a way that prevents accidents.
- The other party failed to uphold this duty. The other driver was speeding, tailgating, driving while distracted or fatigued, or failed to check their blind spot.
- Their failure caused the accident and your injuries. For example, the driver was texting and did not see you stopped at a red light. They rear-ended you, causing road rash, a traumatic brain injury, and a broken hip.
- You sustained damages. The accident left you with medical bills, lost wages, and pain and suffering.
Do You Need a Lawyer for Your Motorcycle Accident Claim?
The law doesn’t require you to work with a lawyer. However, there are several benefits to hiring our firm, including:
- We can handle all of your case’s obligations. While we investigate your accident, negotiate a settlement, and prepare for trial, you can focus on getting better.
- Using our network of resources, we can assign an accurate dollar value to your claim. Claimants without legal experience seldom know the true value of their cases.
- Our decades of experience have provided invaluable insight into the legal process. We know a fair offer when we see one, and we can protect you against any bad faith insurance practices.
- Insurance companies have reputations for being bullies. These for-profit agencies will do anything to avoid paying claims. With our team on your side, we can seek the best possible outcome.
Can I Afford a Lawyer for My Motorcycle Accident Case?
Yes. Hiring our firm costs you nothing out of pocket because we work on a contingency-fee basis. You only pay our attorney’s fees if we secure a fair outcome for your case.
If you choose to handle your case on your own, you will be required to carry all your case’s costs upfront and out of pocket.
What Should I Do After an Accident to Protect My Claim?
The choices you make after a motorcycle accident can shape the outcome of your claim. Insurance companies look for any reason to reduce what they pay, so protecting yourself early matters. A few key steps can strengthen your case and help you avoid common pitfalls.
- See a doctor right away, even if your injuries seem minor: Prompt medical care treats your injuries and creates a documented link between the crash and your condition, giving your claim a clear medical record from day one. Insurers will look for any gap between the accident date and your first visit to a doctor, and they will use that gap to argue your injuries came from somewhere else. Getting checked out immediately closes that door.
- Avoid giving a recorded statement to the insurance company: Insurance adjusters often reach out within days of a crash, sometimes hours. They may sound friendly and helpful, but their job is to protect the company’s bottom line, not to look out for you. A recorded statement can be used to shift blame onto you or downplay the severity of your injuries, even if you were simply describing what happened as best you remembered it.
- Document the scene, your injuries, and your losses: Documentation builds the foundation of your claim. Photos of the scene, your injuries, and property damage all support your version of events. So do records of your medical bills, missed paychecks, and any other losses tied to the accident. The more thorough your records, the harder it becomes for an insurer to dispute what you went through.
- Preserve your motorcycle and gear as evidence: Your motorcycle and gear are evidence, too. Damage patterns can help establish how the crash happened and who was at fault, so avoid repairing or discarding anything until your case has been evaluated.
- Reach out to our firm before accepting any settlement offer: The biggest mistake injured riders make is waiting to speak with an attorney. Evidence disappears, memories fade, and insurance deadlines move faster than most people expect. Reaching out early gives Attorney Evan Kaine and our team the chance to build your case while the details are still fresh, and to step in before an insurer’s tactics can do lasting damage to your claim.
What Makes Motorcycle Accident Claims Especially Difficult
Motorcycle accident claims carry challenges that other injury claims do not. Riders are often unfairly viewed as reckless or thrill seekers, a bias that can work against you when an insurance company is deciding how to handle your claim. Because you are largely unprotected in a collision, injuries also tend to be severe, which raises the stakes of getting your damages calculation right the first time. Once a settlement is reached, you cannot go back and ask for more, so an accurate number matters more than it might in other types of cases.
Building a strong claim also means compiling a case file that goes beyond your own documentation. Your legal team will typically gather EMT records, the police report, accident reconstruction analysis, and testimony from lay witnesses and experts to support your version of events. Most motorcycle accident claims are resolved through settlement rather than trial, and a well-built evidence file is often what allows your attorney to negotiate from a position of strength.
Call Kaine Law Today About Your Motorcycle Accident Claim
Kaine Law can advocate for you and fight for every dollar you deserve after a motorcycle crash in Georgia. We’re ready to hear about your situation and start advocating for you. Begin your free case review today.
Call or text 404-214-2001 or complete a Free Case Evaluation form
