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
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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.
Punitive Damages
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.
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, LLC.
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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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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.
Common Types of Motorcycle Crashes
Motorcycle accidents can be separated into two types: those involving another vehicle and those not.
When Another Vehicle Is Involved
Most motorcycle accidents involve another vehicle. The most common cause of motorcycle accidents is a driver violating a motorcyclist's right-of-way. Right-of-way violations also include an automobile driver changing lanes on a highway into a motorcyclist's lane. These types of accidents can be especially dangerous since they often involve the vehicle striking the motorist from the front or side, which usually results in rider fatalities.
When Another Vehicle Is Not Directly Involved in the Crash
Motorcycle accidents that occur when another vehicle is not involved are not that common but are still deadly. Collisions with fixed objects can result in fatalities.
Types of single-vehicle motorcycle accidents include the following:
- Right-of-way violations. As with two-vehicle motorcycle accidents, a significant cause of single-vehicle motorcycle accidents is the violation of a rider’s right-of-way. In these cases, however, the other vehicle is not directly involved in the crash. For example, this is when a rider swerves to miss an automobile violating the rider’s right-of-way, resulting in a single-vehicle accident.
- Rider error. Rider error involves a motorcyclist operating their bike while under the influence of drugs and/or alcohol, which frequently results in rider fatality. Additionally, it can result from a rider speeding.
- Vehicle failure. Another notable cause of single-vehicle motorcycle accidents is the mechanical failure of a rider’s bike. Mechanical failure can be due to something outside of a rider’s control, such as a tire puncture. It can also be caused by improper maintenance practices that could result in motorcycle malfunction.
Beyond these three primary causes, other factors could result in a single-vehicle motorcycle crash.
These factors include:
- Roadway defects, such as potholes
- Phantom vehicles, which is the term used when a rider claims that they were run off the road, but no evidence (or witnesses) support the presence of another vehicle
- Animals and pedestrians, which can result in crashes when the rider makes contact or when the rider swerves to avoid contact
Most motorcycle accidents involve another vehicle — either directly or indirectly — or some type of rider error, such as a right-of-way violation. These collisions are largely avoidable, highlighting the importance of defensive and responsible driving.
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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