Understanding Motorcycle Accident Claims in Atlanta, GA
Common Causes of Motorcycle Accidents
Motorcyclists must exercise extra caution on the road. However, sometimes caution is not enough. Many fatal motorcycle accidents involve collisions with other vehicles.
Errors by other drivers that lead to motorcycle accidents include:
- Speeding
- Alcohol or drug use
- Distracted driving
- Improper/unsafe lane changes
- Aggressive driving
- Perception/decision failure
Common Injuries in Motorcycle Accidents
Motorcyclists are largely unprotected from the force of a collision when they encounter large vehicles. The violent impact of an accident with a larger vehicle could result in the following serious or catastrophic injuries:
- Road rash
- Fractures (broken bones)
- Traumatic brain injury (TBI)
- Spinal cord injury
- Internal injuries
- Lacerations and cuts
- Contusions (bruises)
- Burns
- Amputations
- Whiplash
- Facial injuries
- Dislocations
- Soft tissue injuries
- Chest injuries
- Neck injuries
What Damages Could Be Recovered in a Motorcycle Accident Claim?
If we can establish liability for your accident, we can seek compensatory damages on your behalf.
These can include economic and non-economic losses, such as:
- Medical bills
- Lost wages
- Replacement services
- Surgical bills
- Rehabilitation
- Therapy
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium
- Lost earning capacity
The amount and scope of the damages will depend on the severity of your injury and the necessary treatment. Some injuries heal easily. However, other injuries can be more complex.
Additionally, punitive damages are meant to punish a defendant for egregious conduct and deter future similar conduct. You can only recover punitive damages in a motorcycle accident lawsuit if aggravating circumstances exist. Under O.C.G.A. section 51-12-5.1(B), actions must have shown oppression, wantonness, fraud, malice, willfulness, or conscious indifference to consequences for punitive damages to be warranted.
Holding Drivers Responsible for Injuries Caused
Although motorcyclists can suffer catastrophic injuries such as spinal trauma or brain damage from accidents, riders often do not get the settlements they deserve. A significant factor is that many people do not know that most accidents between motorcycles and cars are the car drivers’ fault.
You may seek to hold a negligent driver responsible for your injury. In court, you will need to show that a driver failed to use reasonable care and thus caused you to get hurt. Your attorney must establish a causal link between the driver's failure to use reasonable care and your injury to pursue damages from that driver.
Does Georgia Have a Helmet Law?
Georgia has a mandatory helmet law. Almost every motorcyclist must wear a helmet when operating or riding a motorcycle. All motorcycle helmets are supposed to meet the standards of the Department of Transportation. The standards include requirements for penetration resistance, system effectiveness, and impact attenuation.
The head is an extremely vulnerable part of the body. Without a helmet, riders could face significant neck, brain, or skull injuries after capsizing on their motorcycle.
Riders involved in motorcycle crashes without a helmet should be aware that the insurer for an at-fault driver may try to use that against them to avoid paying damages.
Comparative Negligence
Georgia follows a rule of modified comparative negligence, under which your damages can be reduced by an amount equal to your fault. You will be barred from recovering damages if you were 50% or more responsible for the accident.
Motorcycle Product Liability
A defective component in the motorcycle can also cause an accident. A motorcycle part may have manufacturing or design flaws. In Georgia, you may be able to recover damages from a manufacturer under a theory of strict liability, negligence, or breach of warranty.
Determining what caused your accident is essential for proving fault and pursuing compensation. To determine possible causes and solutions for your case, speak with one of our skilled Atlanta motorcycle wreck attorneys. We are well aware of the most common causes of motorcycle accidents in Georgia, and we can use that information to work toward an optimal settlement.
Contact our Atlanta motorcycle accident attorney today to schedule a free consultation at Van Sant Law.
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If you are hesitating to call us for help, take a look at our recent case results.
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$235,000 $235k for Officer Who Was Struck While Directing Traffic
For Officer Who Was Struck While Directing Traffic
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$1,000,000 $1.0 Million for Client With Significant Leg Injury
Client With Significant Leg Injury
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$275,000 $275k Settlement for Client Involved in Head-on Collision
Settlement for Client Involved in Head-on Collision
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$850,000 $850k Settlement for Woman Involved in T-Bone Collision With Resulting Neck Injuries
Settlement for Woman Involved in T-Bone Collision With Resulting Neck Injuries
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$525,000 $525k Result for Man Injured by Dump Truck
Result for Man Injured by Dump Truck
Contact Our Atlanta Bike Accident Attorney Today
Motorcyclists and trike riders are much more prone to injury from accidents; some injuries can be catastrophic. A crash can cause the rider to collide with an automobile and the road, worsening their injuries and bringing about a complete loss of their vehicle.
Crush injuries, traumatic brain injuries, broken bones, spinal cord injuries, and many other types of harm can leave the victim in dire need of help. Even if the injuries were not severe, victims can pursue just compensation.
We have lawyers on our team who formerly defended leading national insurance companies for years. Thus, we know what insurance adjusters and lawyers will do to deny or delay a claim. As an experienced motorcycle law firm, we have seen the tactics employed to get individuals to take a fast and highly insufficient payment as a settlement. We use our knowledge to seek favorable results for our clients.
If you sustained an injury in a motorcycle accident, talk to one of our lawyers at Van Sant Law. We maintain offices in Atlanta, Alpharetta, Athens, Cumming, Duluth, Lawrenceville, Sandy Springs, and Gainesville, and we represent clients across the state of Georgia. We can sign you up electronically without face-to-face interaction when needed, but we can also visit you at home.
Call us at (800) 234-9556 or complete our online form to get started with our motorcycle accident lawyer in Atlanta.
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Van Sant Law has recovered millions in compensation for our clients’ benefit.
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Our legal team includes former defense attorneys for large insurers who know how they settle injury claims.
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Back in March I was involved in a rear end collision accident. The are very professional and will do whatever it takes to get the best possible offer when it comes with the insurance. 5/5 will recommend to everyone
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I would like to thank everyone in Van Sant Law for answering any questions that I have in a timely manner. I can personally say, Everyone in deserves recognition for being honest, hard working, ethical, logical, dedicated people. The only reason I rated them 5 stars is because it would not let me go higher!
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I used Van Sant Law for my auto accident claim and I'm so glad I did! Parker, my attorney, was especially great. He really eased my pain and got me the best settlement possible. I highly recommend Van Sant Law. They did right by me and I'm very happy with their level of service.
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I was in a car accident with a tractor trailer two years ago and David Van Sant came highly recommended for someone I could talk to about the situation. Best decision I've ever made! He fought for me in ways that was truly amazing. Thank you David, Michael and everyone in the office.
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Attorney David M. Van Sant is one of the best injury trial attorneys here in the Atlanta area. They are precise and unique in their approach. When I had my car accident, my whole world was turned upside down, but with Attorney Van Sant and his team of professionals dedication and quality of service, my life is back on track.
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The team really helped us as we navigated the claims process after our oldest child had his car totaled by a drunk driver! They were incredibly professional and helped us through every step of the process! Would absolutely recommend their services! Thank you!
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I had a head on collusion that left me with a totaled car & very bad injuries. From the first time I spoke to David Van Sant to the end I have been totally satisfied. I worked with Patricia she was very compassionate yet professional she was always ready to answer any concerns that I might have. I am grateful that my daughter found this law firm for me.
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Van Sant Law worked on my personal injury case, and they have gone above and beyond in representing me as a client. They gave multiple updates throughout the course of the case. I would highly recommend Van Sant to friends and family, and I would choose them as my personal injury attorney if I were to have a personal injury claim. Thank you, Van Sant Law!
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Our firm is dedicated and committed to providing you with the best legal services possible, from your education on the issues to fighting for positive results for your case. Through a free, initial consultation, we will make sure you understand the best way to approach your case, and we’ll review any relevant documents that you provide us with to make sure we have a full, detailed picture of your situation.
Why Hire an Experienced Motorcycle Accident Attorney in Atlanta, GA?
Injured bikers often face unique legal challenges when trying to secure compensation after a motorcycle accident. These challenges stem from legal, practical, and societal factors. Here's a breakdown of the most common obstacles:
- Bias Against Motorcyclists: Motorcyclists are often stereotyped as reckless, which can unfairly influence how police, insurance adjusters, and juries view the accident. This bias can lead to reduced settlements or difficulty proving the rider wasn’t at fault.
- Determining Fault and Liability: Establishing fault is often complex, especially in states with comparative or contributory negligence laws that can reduce or eliminate compensation based on the biker’s share of fault. With few witnesses and limited physical evidence, proving the exact cause of the crash is often difficult.
- Severity and Complexity of Injuries: Motorcycle accidents often result in serious or life-altering injuries, which can lead to costly medical bills and long-term recovery. Insurers may dispute the extent of the injuries to avoid paying full compensation.
- Insurance Complications: The at-fault driver may not have enough insurance to cover severe injuries, and motorcycle policies don’t always include full protection like PIP or UM/UIM coverage. Insurance companies often delay, deny, or undervalue claims to limit payouts.
- Legal Technicalities: There are strict deadlines and procedural rules that must be followed when filing a claim or lawsuit. Navigating the legal system without help can be overwhelming, especially when multiple parties may be liable.
- Economic Pressure: Injured riders often face lost income and mounting medical bills, making them vulnerable to accepting low settlement offers. The financial burden can make it hard to fight a long legal battle or afford expert legal support.
Our Atlanta motorcycle accident lawyers at Van Sant Law understand the complexities involved in motorcycle accident claims, which is why we are ready to ensure your rights and best interests are protected from start to finish.
Do not hesitate to contact us today at (800) 234-9556 to schedule a free initial consultation.
FAQ
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I am Considering Getting a Motorcycle. What Safety Tips Should I Be Aware of Before I Hit the Open Road?
Motorcyclists should follow the same general safety measures that all drivers follow. However, motorcycles, by their nature, expose riders to more elements and, therefore, have the potential to be more dangerous than “regular” vehicles.
A few safety measures motorcyclists should take to heart include the following:
- Take a motorcycle safety course. For obvious reasons, driving a motorcycle differs from driving a 4-wheel car. Motorcycle driving techniques, including safely handling traffic, turning, and braking, require some instruction and practice. The Georgia Department of Driver Services Motorcycle Safety Program provides information for beginners and experienced riders who wish to take instructional courses.
- Always inspect your bike before you ride. Just as a pilot thoroughly checks their plane from top to bottom before flying, riders should inspect their bikes before they ride every time. Look for adequate fluids and properly functioning brakes, gears, mirrors, and chains. Maintaining sufficient tire pressure is also very important.
- Wear protective gear. You are exposed to weather elements, cement, other cars, and trees on a motorcycle. Wearing a properly fitted motorcycle helmet, sufficient protective eyewear, thick pants, jackets, gloves, and boots can provide protection if you are in an accident. Additionally, it is a good idea to wear bright and visible clothing.
- Do not hit the road in the rain or snow (or on a windy day). Wet and icy roadways are dangerous for cars and even more so for motorcycles. Slippery surfaces and motorcycles are not a good combination. Never head out in the snow or if there is a chance it might snow. If you are caught in the rain, immediately find shelter and wait for at least 30 minutes before riding again. Windy conditions are also not ideal for motorcycle riding.
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What if I Wasn’t Wearing My Helmet When I Got Into a Motorcycle Accident?
Georgia law requires that all motorcyclists wear protective headgear. Because the vast majority of motorcycle deaths result from head injuries, it is in your best interest to wear a properly fitted motorcycle helmet.
Yet, despite the law and common sense, sometimes motorcyclists do not wear helmets and are involved in accidents. Although the fact that you were not wearing a helmet at the time of the accident should not prevent you from recovering damages due to someone else’s negligence, it is a critical factor that the insurance companies will consider when making a settlement offer.
A skilled Atlanta motorcycle accident attorney can help prove your case and pursue a larger settlement than the insurance company initially offers.
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If I Was Partially at Fault for My Motorcycle Accident, Can I Still Recover Damages?
Georgia uses a “comparative negligence” framework for personal injury claims when awarding damages to injured parties. Just because you believe you may have been partly at fault in causing your motorcycle accident, it may not necessarily preclude you from bringing a legal claim.
In cases where it is determined that injured parties are partially at fault for an accident, the court will reduce their recovery amounts by the percentage they are found to be at fault. For example, if the court finds that an injured party was 20% at fault for the motorcycle accident that caused their injuries, the resulting damage award is reduced by 20%. However, if the court finds that an injured party is 50% or more responsible for causing the accident, they may be barred from recovering any damages.
Your local Atlanta motorcycle personal injury attorney can evaluate your case and help you determine if you may be partially at fault for your accident.
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Why (and When) Should I Contact a Lawyer to Represent Me in My Motorcycle Accident Case?
The legal system is complex and can be overwhelming. It is beneficial to consult with a knowledgeable, reputable motorbike accident lawyer with significant experience handling such cases as soon as possible. A lawyer can evaluate your case, listen to your concerns, and counsel you on whether you have a solid claim. They can then work to build robust arguments.
In doing so, they can:
- Identify, collect, and analyze all relevant reports and statements
- Conduct an independent investigation of the accident scene and other physical evidence
- Preserve as much material evidence as possible
- Gather and analyze your medical records
- Hire any necessary expert witnesses and reconstruction specialists to help determine liability
- Interview witnesses, submit written questions to the defendant that they must answer under oath, and conduct necessary depositions
- Negotiate with the defendant’s insurance company on your behalf to seek a fair settlement
- Be ready, willing, and able to head to trial (if necessary)
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Can Every Motorcycle Accident Victim Receive Punitive Damages for Their Claim?
In some egregious accident cases, victims can recover additional compensation known as punitive damages. These damages punish the responsible party. However, they are not available to every motorcycle accident victim and are limited by Georgia law.
You may claim punitive damages if the other driver was grossly negligent or acted intentionally or with malice to harm you. Examples of situations that might lead to punitive damages include accidents where the responsible party deliberately violated traffic laws.
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Can a Victim’s Family Members Sue for Wrongful Death After a Motorcycle Accident?
When someone dies due to another person’s negligence, it is referred to as wrongful death. Wrongful death claims can occur when a motorcycle driver or passenger is killed during the crash or dies because of injuries sustained in the crash.
Surviving family members can file a lawsuit against the offender, seeking to recover compensation for the victim’s final expenses, including medical crash-related expenditures and funeral costs, lost income, pain and suffering, loss of companionship, and loss of consortium.
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What if a Driver and Injured Passenger Want to File Separate Personal Injury Claims? Is This Allowed?
Yes. Everyone who was injured in a motorcycle accident, whether the motorcycle driver or their passenger, has the legal right to file a personal injury suit seeking compensation from the responsible party.
However, in cases where the motorcycle driver had some responsibility for the accident, their claim could be barred or reduced due to Georgia’s comparative negligence statute.
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Are There Deadlines for Filing Motorcycle Accident Claims in Georgia?
Georgia’s personal injury laws include time limits for filing motorcycle accident claims. Known as the statute of limitations, specific time limits depend on several factors, including the type of claim and the defendant. After most motorcycle accidents, victims have two years from the accident date to file a claim for damages.
If the defendant was a government entity (e.g., the state of Georgia or a city), that time frame is compressed.
Generally, victims should seek legal counsel as soon as they feel up to doing so after an accident. Swift legal intervention can help preserve the right to seek compensation. It can also be easier to obtain relevant evidence to support your claim before significant time has passed.
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How Can an Attorney Help Motorcycle Accident Victims?
Engaging an attorney to help with your motorcycle accident claim means you have a knowledgeable advocate in your corner, fighting for your right to pursue fair compensation.
While your lawyer’s specific actions will depend on the facts and circumstances of your claim, they are likely to take the following steps on your behalf:
- Investigate. Your personal injury firm can analyze the crime scene, obtain and interpret police reports, gather witness statements, and seek to reconstruct the accident to build a robust claim for damages.
- Consult with experts. In many motorcycle accident claims, victims’ cases are made stronger through testimony from medical experts, vocational professionals, economists, accident reconstructionists, and others who can use their subject matter expertise to establish liability, value damages, and testify about the nature and extent of victims’ injuries.
Negotiate/litigate. Your lawyer can communicate and negotiate directly with the other party and their insurance company, arguing for the compensation you deserve. Your attorney can also help you understand whether a proposed settlement is fair. If the other party’s insurer is unwilling to agree to a reasonable settlement, your legal team can argue your case in court.
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