Whether you are the driver or passenger on a motorcycle, it’s important to take the proper safety precautions. According to Centers for Disease Control and Prevention (CDC), the most effective way to protect your safety – and life – as a motorcycle rider is to wear a helmet.
Riders can take certain steps to make the riding safer. While you cannot control whether other drivers pay attention, look twice before changing lanes or keep a safe distance. You could have ended up in an accident that someone else caused and suffered injuries. We could help you navigate your options for a personal injury claim or lawsuit in such a situation.
What We Know About Helmets and Motorcycle Safety
According to the CDC, helmet usage effectively prevents motorcycle fatalities. Helmet-wearing mandates are recommended for all states.
The CDC notes that helmets helped prevent around 1,859 crash fatalities among motorcycle riders in 2016. What’s more, CDC data indicates that another 802 fatal accidents could have been prevented if those riders had been wearing helmets at the time of the crash. Overall, they estimate that helmets are about 69% effective at preventing head injury among riders who get into accidents.
With data like this in mind, many states—including Georgia—have mandated that motorcyclists wear helmets to promote safety for riders.
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Georgia’s Helmet Law
Under O.C.G.A. § 40-6-315, no person shall operate or ride a motorcycle without a helmet. By riding without a helmet, motorcyclists could face steep consequences, including fines.
Additionally, you may want to consider how not wearing a motorcycle helmet could affect your case if you are injured in an accident. Because the law mandates that helmets are required safety gear for motorcyclists, you could face challenges to your case if you neglected to wear this important gear.
What If I Was in an Accident Without Wearing a Helmet?
In Georgia, you can seek compensation from someone whose negligence led to your accident and injuries. You can still seek compensation from another driver as long as you were less than 50% responsible for the crash.
So, you could be able to seek compensation from the at-fault party – even if you weren’t wearing a helmet at the time of the accident. The other party must have been negligent, such as by:
- Failing to look for you when they changed lanes
However, that doesn’t mean that your claim for compensation will be an easy one. We have experience representing motorcycle accident victims and can help you pursue the damages you deserve.
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We Can Fight for You When the Insurance Company Challenges Your Case
In any motorcycle accident, even in situations where a rider takes all the necessary safety precautions, you could still face an uphill battle in your case. Some insurance companies view motorcycle riders with a bias, deeming riders automatically at fault. This happens even when the facts of the case suggest another party is responsible.
We can help defend you from unfair challenges or denials of your claim, including suggestions that:
- You were more responsible for the crash than you truly were.
- You were primarily at fault for the crash.
- Your injuries are not as severe as they are.
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You Can Seek Compensation for a Motorcycle Accident Case
If you were injured in an accident that someone else caused, you could be able to recover compensation for your costs and losses associated with the accident, including:
- Medical bills, including the cost of emergency room visits, surgery, hospitalization, physical therapy, medication, visits to a doctor, and more
- Lost income, for paychecks you missed due to time spent recovering
- Reduced earning capacity, if you will no longer be able to earn income at your former capacity
- Pain and suffering, reflecting your physical pain and other challenges after the injury
We have represented countless numbers of injured motorcycle riders, and we do see that helmets save lives (and necks). If you are a motorcycle rider or passenger, we encourage you to always wear a motorcycle helmet. This is because head injuries and cervical spinal cord injuries can be life-changing or deadly.
However, you could have been injured regardless of whether you wore your helmet or not. We will work hard to seek a recovery for the past, present, and future costs related to your accident.
Our Results for Motorcycle Accident Victims
If you’re a motorcyclist seeking a lawyer after an injury accident, know that we have a track record of results for our previous clients. In one motorcycle accident case, we won $650,000 for a client. In a similar situation, we won $450,000.
How an Injury Lawyer From Our Team Can Help
To prove your case, we will show that a responsible party should pay for the costs of your injuries. We will typically start your case as an insurance claim, then progress to filing a lawsuit if a claim does not yield fair results.
- Gather evidence of the other driver’s negligence
- Prove the extent of your losses and injuries
- Gather expert testimony, if necessary
- Negotiate with the insurance company for you
- Advise you on when to accept a settlement offer
- Litigate and take your case to court, if needed
- Keep your case on track to meet the state’s statute of limitations deadline, per C.G.A. § 9-3-33
Call Kaine Law for Your Free Consultation
We do not back down from tough cases. At Kaine Law, we have decades of experience in personal injury law, and we represent motorcycle riders who are injured in motorcycle accidents. We want to put our experience to work for you.
Call someone from our team today to learn your legal options and to move forward with your case. Reach us today at (404) 214-2001.