According to the National Highway Traffic and Safety Administration (NHTSA), approximately 5,300 motorcycle ridersare killed in vehicle accidents each year. This amounts to 14% of all traffic-related deaths. Countless riders are also injured every day. For those that are injured, recovering can involve long-term medical treatment, missing a significant amount of time from work, and severe emotional trauma.
At Ahmad Injury Law, we understand how difficult the recovery process can be. Our Atlanta accident attorneys work tirelessly on behalf of our clients to help them receive the compensation that they deserve. Whether that means aggressively pursuing a settlement with the insurance company or pursuing your claim all the way to trial, we have the expertise and resources to maximize your claim. Contact Ahmad Injury Law today for a FREE consultation.
Common Causes of Motorcycle Accidents
For many people, motorcycles are more than a cost-effective means of transportation. They are a passion for many Georgia residents. Yet they pose serious risks and can result in serious harm. Motorcyclists must exercise caution and should be aware of and avoid some common causes of motorcycle accidents:
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- Road hazards such as poor conditions or other vehicles
- Damaged or worn roadways
- The negligent actions of drivers such as texting while driving
- Speeding
- Riding distractions
- Sharp turns
- Alcohol or drug use
- Changing lanes or merging onto highways
- Lane-splitting
- Dense traffic and urban areas
- Sudden changes in speed
Lane-splitting is a common practice for motorcyclists. In many states lane-splitting is not illegal. It is illegal in Georgia, however.
Common Motorcycle Accident Injuries
Motorcycle injuries range from the relatively minor to serious and life-altering. According to the CDC, the legs and feet are the most commonly injured body parts in motorcycle accidents. These are followed by the arms, head, and neck.
Some common injuries in motorcycle accident cases include:
- Soft tissue injuries such as bruises, scrapes, and abrasions
- Road rash
- Burns
- Broken bones
- Head injuries such as a Traumatic Brain Injury
- Disfigurement
- Spinal cord injuries
- Paralysis
- Permanent disabilities
Motorcyclists also often experience emotional trauma and family members may experience a sense of loss. An experienced Atlanta motorcycle accident lawyer can help guide you and your family members through the claims process to ensure that you receive the compensation that you deserve.
Proving Fault in a Georgia Motorcycle Accident Case
In a Georgia motorcycle accident case, the plaintiff has the burden of proof. This means that the motorcycle accident victim will have to show that the defendant was negligent. In order to recover damages in Georgia, the other driver must be found to be more than 50% at-fault for the accident.
This concept is known as modified comparative negligence. With modified comparative negligence, someone that is injured in a motorcycle accident will not recover any damages if he or she is more than 50% at-fault for the accident. And if he or she is less than 50% responsible for the accident the damage award will be reduced by the percentage that the motorcyclist is found to be at-fault.
It is helpful to consider an example. Suppose you are involved in a motorcycle accident in Georgia. Your motorcycle was struck by the driver of a car. You sue the driver and his insurance company. The jury determines that you are entitled to $50,000 in damages. However, the jury also determines that since you were speeding you were 25% responsible for the accident. Your damage award will be reduced by $12,500 (25% of $50,000) leaving you with $37,500.
Suppose instead that the jury determined that you were 60% responsible for the accident. In this case you would not be entitled to any compensation. Determining and proving fault in a Georgia motorcycle accident case can be complex. An experienced Atlanta motorcycle accident lawyer can help you meet your burden of proof and recover the compensation that you deserve.
Recovering Damages in a Georgia Motorcycle Accident Case
The amount of damages that you can recover in your case depends on many factors. For example, the extent of your injuries and whether you are determined to be partially at-fault for the accident. An experienced Atlanta motorcycle accident lawyer can help you determine what your case is potentially worth.
Some common types of damages awarded in Georgia motorcycle accident cases include:
- Medical expenses. These expenses include things like doctor visits, copays, hospital bills, physical therapy or chiropractic care, and medication. They can also include the costs of future and ongoing medical treatment. Your personal injury lawyer will carefully review your medical records and bills to determine the extent of your medical expenses.
- Lost wages. Motorcycle accident victims are often unable to work. Your lawyer can help you document and recover your lost wages.
- Lost earning capacity. If you are unable to return to the job you had before the accident or unable to work at all, you may be entitled to compensation for the reduction in your earning capacity.
- Lost benefits. You may be entitled to compensation for lost vacation or sick time, or other paid time off.
- Pain and suffering. A motorcycle accident injury can be extremely painful and traumatic for the victim. Pain and suffering is not documentable and often requires an expert to establish.
- Emotional distress. Injured motorcyclists often experience emotional and mental anguish. Establishing emotional distress also typically requires retaining an expert.
- Property damages. You can recover compensation for the costs of repairing or replacing property such as your motorcycle.
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Insurance companies often attempt to assign blame to the motorcyclist or argue that his injuries were not as serious as he claims. They do this to minimize their potential liability and reach a quick settlement. An experienced Atlanta motorcycle accident lawyer will carefully evaluate your case and advocate on your behalf to maximize your compensation.
Discuss Your Case with an Experienced Atlanta Motorcycle Accident Lawyer
If you or someone that you know has been injured in a motorcycle accident in Georgia, contact the experienced Atlanta accident attorneys of Ahmad Injury Law at 404-574-5217 to discuss your rights and options. We offer FREE consultations and our compassionate and capable staff will assist you every step of the way.
