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.
see how we've made a difference
If you are hesitating to call us for help, take a look at our recent case results.
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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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$710,000 $710k Settlement for Claims Involving Injuries From Motorcycle Wreck
Settlement for Claims Involving Injuries From Motorcycle Wreck
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$335,000 $335k for a Man Rear-Ended by a Landscape Truck
For a Man Rear-Ended by a Landscape Truck
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$140,000 $140k for Man Injured When He Was Assaulted by Employee of Large Retail Store
For Man Injured When He Was Assaulted by Employee of Large Retail Store
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$172,500 $172k for a Woman Who Injured Her Leg at Her Neighbor’s House
For a Woman Who Injured Her Leg at Her Neighbor’s House
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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Proven Record of Results
Van Sant Law has recovered millions in compensation for our clients’ benefit.
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Years of Experience
Van Sant Law is committed to professional and experienced personal injury representation.
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Strategic and Aggressive
Our legal team includes former defense attorneys for large insurers who know how they settle injury claims.
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Our firm works hard to ensure that your needs are taken care of during your recovery time. We work for you so you can get your life back.
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Our firm works on a contingency fee basis. Meaning there are no fees or costs unless we recover compensation for you!
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"Van Sant Law was the right support to call after my car accident with my daughter."They were referred to me by a close friend of mine. Extremely professional, and asked the language I feel comfortable to discuss my case in. Alex Rusanov was my case manager and explained every aspect of my case during the process. I would highly recommend to use this law firm if you were injured in a car accident. Drive safe and stay alert!- Angela
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"I highly recommend him as a personal injury attorney."
My attorney, David Van Sant and his law firm were outstanding in handling my personal injury case. I was out of work for a considerable amount of time due to an automobile accident and Mr. Van Sant and his entire team were always kind, professional, knowledgeable and especially available. This law firm did their absolute best to answer and return calls and at no time did I ever feel like just a number or stranger. My experience with Mr. Van Sant and his law firm (from beginning to end), were very positive as well as favorable.
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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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R. Shannon Carpenter is the guy to call! Because of him I got a far larger compensation than I ever expect and the whole process was stress free for me!
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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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Van Sant Law was just the right people to call after my car accident. They were referred to me by a friend. They were helpful and understanding of my needs and pains. From start to finish they were helpful in explaining the process with the doctors and insurance. Thank you for getting me back on feet.
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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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