Even if you weren’t wearing a helmet, you can seek compensation for the injuries and property damage after a motorcycle accident due to the at-fault driver’s negligence. However, contributory negligence laws may mean the compensation you receive will be reduced if part of the accident’s cause or resulting costs are attributed to you.
Filing a personal injury lawsuit is a complicated legal matter, especially if you were partially at fault for the accident or your injuries. You do not have to navigate the process without legal guidance and support. A motorcycle accident lawyer can file your lawsuit on your behalf to recover your medical bills and lost wages. They will also request compensation for your pain and suffering, inconvenience, and other non-economic damages.
Why Wearing a Helmet Is Important in a Motorcycle Accident
Operators or passengers on a motorcycle should always wear helmets to protect themselves from injury as much as possible. According to the Centers for Disease Control and Prevention (CDC), helmets reduce the risk of head injury in a motorcycle crash by 69%.
However, failing to wear a motorcycle helmet does not mean the driver whose negligence caused your accident cannot be held accountable for their actions. If a personal injury lawyer represents you, they can build your case and help you seek appropriate compensation.
How Contributory Negligence Laws May Affect Your Motorcycle Accident Lawsui
Under contributory negligence rules, each party involved in a motorcycle accident will be assigned a percentage of fault for the accident and resulting injuries. Georgia’s contributory negligence law (O.C.G.A. § 51-12-33) says that anyone who is less than 50% at fault for an accident is eligible to recover damages. However, the award each party receives will be reduced by their percentage of fault.
For example, let’s say a negligent driver ran a red light, hitting your motorcycle and throwing you from your bike. You suffered a broken arm, severe road rash, and a traumatic brain injury (TBI).
In this case, an insurance company or judge may determine you were 20% at fault for the severity of your injuries because you weren’t wearing a helmet. (In other words, your TBI would have been less severe or not happened at all if you were wearing one.) If that happens, your total compensation at the end of the claim will be reduced by 20%.
Wearing a helmet can play a role in strengthening your case. If you were not wearing one, your legal team will aim to prove the accident would not have occurred but for the negligent party’s actions and reduce your portion of liability as much as possible.
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Frequently Reported Motorcycle Accident Injuries
Motorcycle-versus-car accidents can leave you with injuries that change your physical appearance and mobility. Commonly reported motorcycle accident injuries include:
- Broken bones
- Traumatic brain injury
- Back and neck injuries
- Facial injuries
- Internal injuries
- Limb loss
- Spinal cord injuries
- Whiplash
- Road rash
Because motorcycle riders are exposed to the full impact of the crash without doors and a roof to protect them, they are much more likely to sustain serious injuries than other motor vehicle occupants. After a motorcycle crash, you may be entitled to recover the costs of required medical care until you reach maximum medical improvement.
The Costs of Treating Your Motorcycle Accident Injuries
The cost of treating your injuries will depend on their severity and the time it takes you to recover. While they can add up quickly, you can request a full reimbursement from the at-fault driver. Your lawyer will collect medical bills from every professional and facility where you were treated to document your past, present, and future medical expenses.
Additional Recoverable Damages for Motorcycle Accident Injury Victims
Your compensation request can include the following economic damages in addition to your medical bills:
- Property damage or destruction
- Current and future income loss
Recoverable non-economic damages include:
- Physical pain and suffering
- Mental and emotional anguish
- Disability or disfigurement
- Diminished quality of life
Your personal injury attorney will request wrongful death damages if your family lost a loved one in the collision. They will explain who can file this type of action and who can recover damages.
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Avoid a Potentially Costly Delay in Filing Your Motorcycle Injury Lawsuit
Per O.C.G.A § 9-3-33, you have a limited time to file your lawsuit. Recovering from severe injuries can take a significant time and all your attention. Your attorney can file your lawsuit for you and avoid an expired statute of limitations, which could mean:
- The court will not permit you to file your lawsuit
- A judge will not hear your case
- You cannot legally compel financial compensation
The sooner you consult a motorcycle accident lawyer, the better. Early intervention could mean they have time to investigate the accident scene, obtain photos and videos, and interview witnesses while their memories are vivid.
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A Personal Injury Lawyer Can Help You File Your Motorcycle Injury Lawsuit
Filing a lawsuit after a motorcycle accident is a time-consuming process. If a lawyer handles your case, they will:
- Investigate and document the cause of the accident
- Communicate with the at-fault driver’s insurance adjuster
- Explain your rights and the at-fault driver’s responsibilities
- File your lawsuit in time to meet the statute of limitations
- Assess the monetary value of your motorcycle accident case
Your lawyer will leverage the discovery process to examine the defendant’s evidence and conduct discovery sessions. They will present your evidence to the judge or jury and request the best possible outcome for you.
Your Attorney Will Aim to Build a Compelling Motorcycle Injury Case File
Your evidence file will contain impartial data that tells the story of your accident from varying viewpoints. To document your compensation request and prove the value of your recoverable damages, your lawyer can compile the following supportive evidence and documents:
- Accident report
- Witness statements
- Expert testimonials
- Medical records
- Written prognosis
- Medical bills
- Proof of income
- Injury photos
- Accident reconstruction
- First responder reports
Your motorcycle accident attorney can also use this evidence to steer your case toward a settlement versus a trial. Most motorcycle injury cases are resolved this way. You do not have to track down or order this evidence. Our legal team will compile, organize, and submit your evidence.
Get Your FREE Motorcycle Injury Lawsuit Consultation
If you or a loved one was injured in a recent motorcycle accident, you can seek damages for the at-fault driver’s negligence. You do not have to take on the at-fault driver’s insurance company alone. Contact our consultation team at Kaine Law to learn more about how you can file a motorcycle injury lawsuit, even if you weren’t wearing a helmet.
Call or text 404-214-2001 or complete a Free Case Evaluation form
