If you or a loved one suffered an injury in a motorcycle accident, you could attempt to pursue compensation on your own. However, there are seven reasons why you need a motorcycle accident lawyer and how they can benefit your case by streamlining your insurance claim or lawsuit.
Atlanta motorcycle accident lawyers can help you understand your right to compensation for an accident caused by negligence. They can also help you prove the accident’s cause, build a compelling evidence collection, and file your lawsuit on time. Finally, they’ll manage the mountain of paperwork and communication a personal injury claim will require. Fortunately, most will represent you with no upfront fees or costs.
You Need a Lawyer to Know if Your Accident Constitutes a Valid Injury Claim
Not every motorcycle accident will result in a valid personal injury claim. To file a third-party insurance claim or lawsuit, the cause of your accident must meet the following legal definition of negligence:
- Duty: The at-fault party must follow the rules of the road and exercise care while behind the wheel.
- Breach: The at-fault party’s actions breached their legal duty.
- Causation: The accident and your injuries directly resulted from their breach.
- Damages: The financial losses and psychological harm you suffered due to the accident and your injuries.
A personal injury attorney can help you understand what constitutes negligence and how solid evidence collection can establish its elements.
For a free legal consultation, call 404-214-2001
A Lawyer Can Prove the Legally Required Elements of Negligence
Evidence is a critical component of your personal injury or wrongful death claim. Your evidence file should include:
- Proof of the accident’s cause: Accident reports, medical records, photos and videos, witness statements, expert testimonials, and insurance correspondence
- Proof of the accident’s costs: Medical bills, tax records, motorcycle repair estimates, and motorcycle replacement costs
Provide your lawyer with any evidence you collected at the accident scene. They will collect all the other evidence your case needs and present it to the at-fault party on your behalf.
A Lawyer Can Help With Complex Motorcycle Accident Cases
Sometimes, establishing why an accident happened is straightforward and easily documented. While having a lawyer can be beneficial in these cases, hiring one can be more helpful if the crash:
- Was caused by someone other than a driver (e.g., faulty traffic signs, a mechanical error, or a manufacturer flaw)
- Involved more than one vehicle (e.g., a chain reaction accident)
- Might require resolving questions of shared liability
A lawyer can effectively navigate complicated cases like these. They will conduct an independent investigation and collect evidence you might find difficult to obtain yourself.
You Need a Lawyer Who Can File Your Insurance Claim or Lawsuit
Filing an insurance claim often involves piles of paperwork. Managing your claim will also include lots of communication:
- Phone calls
- Email exchanges
- Written correspondence
- Claims forms
One reason you need a lawyer is so they can deal with paperwork and communications. Their involvement can protect you from saying or signing anything that might inadvertently hinder your claim.
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A Lawyer Can Meet the Required Notification and Filing Deadlines
Georgia law limits the time you have to file a lawsuit after a motorcycle accident. Per O.C.G.A § 9-3-33, you generally have:
- Two years from the accident date to file a personal injury lawsuit
- Two years from a loved one’s death to file a wrongful death lawsuit
Additional deadlines could apply to your claim. Insurers typically require you to notify them and file a claim within specific timeframes. Also, if you must seek compensation from a government or municipal agency, you could have as little as six months to file a claim, according to O.C.G.A. § 36-33-5.
A motorcycle accident lawyer can accurately interpret deadlines, identify any potential changes, and file your lawsuit on time.
You Need a Lawyer Who Can Accurately Define Your Recoverable Damages
Accurately assessing your compensation after a motorcycle accident can be more complicated than you might think. You are entitled to recover:
- Medical bills (e.g., hospital, emergency room, ambulance, and prescriptions)
- Lost income (full-time, part-time, and future earning ability)
- Property damage (repairing your bike and compensation for its diminished value or replacing a bike deemed a total loss)
- Disability (e.g., physical limitations or disfiguring injuries)
- Pain and suffering (mental and emotional anguish and loss of enjoyment of life)
A lawyer can help you avoid omitting or overlooking valid recoverable damages. Their familiarity with motorcycle accident claims means they can uncover any hidden damages and fight hard to maximize your settlement or verdict.
A Lawyer Can Fight for Wrongful Death Damages for Surviving Families
Nothing can atone for the loss of your beloved family member. However, your family might be entitled to compensation for the financial hardship that follows the unexpected loss of a loved one. You need a motorcycle accident lawyer who can provide clarity and guidance at an emotionally vulnerable time for your family.
They can request the following wrongful death damages:
- Funeral and burial expenses
- Loss of financial support
- Loss of domestic income
- Loss of consortium and care
- Loss of companionship
- Loss of guidance
Hiring a motorcycle accident lawyer might be a smart decision after losing a loved one because of their ability to take an objective look at your case. Once they’ve assessed your situation, they’ll fight for your financial recovery while you focus on caring for each other.
What Does a Motorcycle Accident Lawyer Do?
The legal partnership with a motorcycle accident attorney allows victims to concentrate on their recovery, confident that their rights and interests are being defended.
Represent Motorcycle Accident Victims at Settlement Negotiations and in Court
Dealing with the insurance companies and the settlement process can be a complex and daunting task for motorcycle accident victims. Initially, insurance companies may present low offers, aiming to resolve claims quickly and economically. A motorcycle accident lawyer can employ their skills to negotiate better terms, ensuring that any offer covers the victim’s actual damages, future medical care, and additional losses.
If negotiation efforts do not lead to a satisfactory offer, litigation may be the next step. This allows the attorney to bring the case to court, where the claim can be assessed more rigorously. The litigation process involves compiling evidence, securing expert testimonies, and crafting compelling legal arguments to support the claim for damages.
This progression from the initial dealings with insurance to potentially reaching a fair settlement agreement or opting for court action underlines how beneficial legal guidance can be. Such representation not only aims to secure a settlement that accurately compensates for the accident’s full impact but also allows the victim to concentrate on healing. With a motorcycle accident attorney handling your case, you could find peace and space to recover, free from the stress of legal battles and financial negotiations.
Handle the Unique Aspects of Motorcycle Accidents in Georgia
Motorcycle accident cases in Georgia come with their own set of challenges and legal nuances that differ from those involving automobiles. A significant aspect to consider for Georgia motorcycle accident victims is the state-specific insurance requirements and how these affect coverage in the event of an accident.
Georgia is an at-fault state, meaning that to receive compensation, your motorcycle accident lawyer will need to identify the at-fault driver and file a claim with their insurer. Plus, the policy limits could affect the compensation you may demand. According to the Office of Commissioner of Insurance and Safety Fire, all motor vehicle operators must carry the following:
- $25,000 per person and $50,000 per accident in bodily injury liability (BIL)
- $25,000 per incident in property damage liability (PDL)
Uninsured or underinsured motorist (UM/UIM) coverage may become crucial to fill the gaps left by the at-fault party’s lack of sufficient insurance. Given the severe injuries typically sustained in motorcycle accidents, UM/UIM coverage could be a vital source of compensation, especially when the responsible party’s insurance is inadequate.
Protect You From Unjustified Blame in a Motorcycle Accident
In Georgia, the approach to determining fault in motorcycle accidents is governed by contributory negligence. O.C.G.A. § 51-12-33 stipulates that a victim can recover compensation for their injuries and damages as long as they are found to be less than 50% responsible for the accident. The compensation awarded is reduced by the victim’s percentage of fault. If the victim’s fault reaches or exceeds 50%, they are ineligible to receive any damages.
An attorney who can argue the case could protect their client from taking a greater share of fault and a reduction in their compensation. Lawyers who handle motorcycle accident claims in Georgia analyze accident reports, gather evidence, and possibly work with accident reconstruction experts to build a compelling argument that supports the victim’s position.
Their knowledge of personal injury laws not only helps in accurately presenting the facts but also in effectively negotiating with insurance companies, ensuring that the victim’s rights are protected and that they receive fair compensation.
How Much Does It Cost to Hire a Lawyer in Georgia?
Most personal injury lawyers will represent you on a contingency fee basis. This type of representation agreement means your lawyer will:
- Review your case at no upfront cost to you
- Cover all your case-related expenses
- Not charge you hourly fees
Your lawyer will receive a percentage of your settlement or verdict award as compensation. They will also clarify their percentage up front. This contingency agreement arrangement means you will not incur any out-of-pocket costs for your case. This also ensures that you can pursue damages as soon as you can.
Do I Have to Hire a Lawyer Right Away After a Georgia Motorcycle Accident?
No, but you should. The sooner you hire a motorcycle accident lawyer, the more time they will have to take important actions to bolster and support your Georgia-area case. These include:
- Identifying the at-fault driver
- Investigating the accident’s cause
- Hiring an accident scene reconstructionist
- Canvassing the surrounding area for evidence
- Contacting the at-fault driver’s insurance company
Early involvement in your case gives your lawyer time to locate and interview accident witnesses while their recollections are vivid. An early start also helps ensure your attorney can file your potential lawsuit with the court within Georgia’s statute of limitations deadline.
5 Tips for Hiring the Best Motorcycle Accident Lawyer
The lawyer who represents you after a motorcycle accident will make a significant difference in how your case is handled. Choosing the right lawyer means choosing the one who best fits your specific needs.
Tip #1: Look for a Motorcycle Accident Lawyer Who Will Answer All Your Questions
The best Atlanta personal injury lawyers will not leave you in the dark about your case. They will provide regular and informative progress reports.
The best attorneys leave room for you to have input. You should be prepared to ask them questions, including:
- Have you previously handled motorcycle accident cases similar to mine?
- How much will it cost to hire you?
- How much input will I have in how you handle my case?
- How long might it take to reach a settlement agreement?
- How often will I hear from you with case updates?
Tip #2: Choose a Lawyer With Extensive Experience Representing Motorcycle Accident Victims
The at-fault driver’s insurance company will require proof of their policyholder’s negligence before offering a settlement. The best motorcycle accident lawyers know how to:
- Manage the insurance claim process
- Communicate with the insurance adjuster
- Document your right to financial compensation
- Protect you from a speedy lowball settlement offer
Your Atlanta personal injury lawyer will understand the need to prioritize your physical and emotional recovery without compromising your insurance claim or lawsuit.
Tip #3: Choose a Personal Injury Law Firm that Offers Free Consultations for Motorcycle Accident Victims
Not having to pay a fee to discuss your case with a legal professional is an important part of learning about the merits of your case. Expect to answer questions about your accident and its aftermath, including:
- When did the accident occur?
- What injuries did you sustain?
- Was your motorcycle damaged?
- Were you or the other driver ticketed?
- Were there any witnesses?
- Did you file a police report?
- Did you take any photos or videos of the accident scene?
This list is not exhaustive. You may need to answer many more questions during the consultation and later. However, these questions can help determine whether you have a viable personal injury claim.
Tip #4: Look for a Motorcycle Accident Attorney Who Works on a Contingency Fee Basis
A contingency fee agreement means you will only compensate your personal injury attorney when and if they obtain compensation for you. Their fee is a percentage of your recovered damages—and you will owe them nothing if you do not get compensation.
The best motorcycle accident lawyers will define their fee agreement and percentage in detail right from the start.
Tip #5: Look for a Motorcycle Accident Injury Lawyer with Solid Client Testimonials and Case Results
Nothing can tell you what it’s like to work with a particular attorney better than testimonials from previous clients. Your lawyer can direct you to online reviews on their website and or their Google reviews page.
Browsing their case results page can also be helpful since it can provide insight into what types of cases they handle and examples of their settlements and verdicts.
Your Initial Motorcycle Accident Consultation Is Free
If you or a loved one suffered an injury in a motorcycle accident, Kaine Law could help you fight for the compensation you need and deserve. We work hard to provide easy, stress-free legal support. While we focus on your financial recovery, you can focus on recovering from your injuries.
Learn more about why you might need a motorcycle accident lawyer and the benefits of hiring one. Contact our consultation team today.
Frequently Asked Questions
How Long Do I Have to Seek Compensation From the Insurance Company?
It can take months, sometimes years, to negotiate an acceptable settlement agreement with the at-fault driver’s insurer. This is expected since it takes time to gather evidence and prove your right to compensation. Negotiating a settlement does not have a deadline.
The time you have to file your injury lawsuit, however, is limited by:
- O.C.G.A § 9-3-33 — Georgia’s personal injury statute of limitations, which generally limits your right to file your lawsuit to two years.
- O.C.G.A. § 36-33-5 — Georgia’s six-month filing deadline if you plan to file a claim against a government or municipal agency.
While your case is more likely to be resolved with a settlement than a trial, your lawyer may file your lawsuit anyway. This step is taken to protect your right to go to court if a fair and appropriate settlement cannot be reached.
How Much Is My Georgia Motorcycle Accident Case Worth?
No one can tell you the exact amount of your financial recovery without delving into the details of your case. The lawyer who represents you will assess the value of your:
- Past, current, and future medical bills
- Past, current, and future income losses
- Ongoing physical pain and suffering
- Ongoing mental and emotional trauma
- Property damage or total property loss
- Physical impairment or disfigurement
Your lawyer will collect evidence, including bills, receipts, and estimates that establish the value of your case. Evidence collection can take time because each form of evidence will come from its own source.
In particular, accumulating medical evidence can mean obtaining evidence from every medical professional and facility where you received treatment. This can include hospitals, clinics, laboratories, and rehab and therapy facilities.
What Causes Most Motorcycle Accidents in Georgia?
The Georgia Department of Transportation (GDOT) reports that the state saw 4,119 motorcycle crashes in 2021. These types of accidents often happen due to the negligent or reckless behavior of parties like:
- Drivers who do not bother to keep an eye out for motorcyclists
- Manufacturers who allow faulty car or motorcycle parts to go to market
- Employers who pressure their drivers to behave irresponsibly
- Mechanics who do not examine vehicles closely enough to detect problems
- Government agencies that fail to repair broken streetlights, fallen street signs, potholes, and other hazards
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