Atlanta Motorcycle Accident Lawyer

When you’ve suffered injuries in a motorcycle accident due to the negligence of others, it’s crucial to seek legal representation to demand the compensation you need to recover. At our Atlanta office, we have decades of experience assisting victims in their motorcycle collision claims. If you’ve sustained injuries in an accident, our team can assess your lawsuit and advise you if you have grounds for seeking compensation.

As motorcyclists, we are all aware that whether you are riding a super bike, Harley, sports bike, or chopper, you are often at risk of being injured as a result of the negligence of other drivers. This risk is particularly heightened in car crashes and heavy vehicle accidents, where the impact can be devastating due to the size and weight difference between motorcycles and larger vehicles. Such accidents can lead to severe injuries or fatalities, emphasizing the importance of vigilance and defensive riding.. How many times have you heard, “I never saw the motorcycle” from drivers who claim they failed to see a motorcyclist on our roads and highways? As a motorcyclist, you know you run a higher risk of being injured due to the negligence of other drivers on the road. But if you were, our motorcycle accident attorneys in Atlanta can help you get justice and the compensation you deserve.

Need expert legal advice? Our experienced team of injury attorneys are here to help. Call our personal injury lawyers in the state of Georgia at (404) 636-4900 or contact us online.

Injured Due to the Negligence of Others? Our Atlanta Motorcycle Accident Attorneys Can Assist

Since 1974, our personal injury team has successfully represented injured motorcyclists throughout the Southeast. Franklin Parker, one of our firm Principals, has been an avid motorcycle rider since 1970. Frank, along with our firm’s entire personal injury team, has the necessary knowledge, skill and expertise to successfully represent the interests of injured motorcyclists and their families. With offices in both Atlanta (Norcross) and Savannah, Georgia, we are conveniently located to assist you with your legal needs when you need an expert in motorcycle crashes. Our Atlanta motorcycle accident attorneys are also available to meet with you and your family at any location, for your convenience.

According to the Georgia Department of Driver Services, the state of Georgia witnesses a significant number of motorcycle accidents each year. 

The last reports indicate a total of 3,948 motorcycle crashes recorded, accounting for 21% of total driver fatalities in the state. Sadly, the city of Atlanta isn’t immune to these accidents, as we constantly receive victims of such accidents at our law firm to help them fight for their rights against insurance companies.

Negligent Causes of Motorcycle Accidents in Atlanta

In Atlanta, motorcycle accidents are often the result of negligence by other drivers, leading to devastating outcomes for motorcyclists. Whether it’s a failure to yield, distracted driving, or reckless behavior, these negligent actions can have severe consequences for motorcyclists on the road:

1. Distracted driving: Distracted driving remains one of the leading causes of motorcycle accidents, motorists who are distracted in activities like texting, talking on the phone, or fiddling with in-car entertainment systems divert their attention away from the road, posing a significant hazard to motorcyclists who share the same lanes.
2. Failure to yield the right of way: Disregarding the right of way is a recurring factor in motorcycle accidents. When drivers neglect to adhere to traffic rules and fail to yield to motorcyclists, it often results in collisions.
3. Speeding: Excessive speed is a prominent contributor to motorcycle accidents, drivers who exceed the speed limit or fail to adapt their speed to the prevailing road conditions reduce their reaction time in critical situations. In fact, according to the Office of Highway Safety, speeding-related fatalities in Georgia have been increasing over the years, with 369 fatalities documented in the last report.
4. Driving under the influence: Driving under the influence of alcohol or drugs is a grave form of negligence and a significant concern on roadways. Impaired drivers often exhibit reduced coordination and impaired judgment, rendering them a substantial threat to motorcyclists.

Understanding the role of negligence is essential when determining liability in these accidents, and our team is here to help you hold the guilty accountable.

Physical Injuries Caused by Motorcycle Accidents

Without the protection of a vehicle’s body, motorcyclists are exposed to the full force of a collision, leading to injuries that can be life-altering.

Common physical injuries include:

• Traumatic brain injuries (TBIs): Even with helmets, riders can suffer from TBIs due to the force of impact.
• Spinal cord injuries: These injuries can result in partial or complete paralysis, significantly affecting the victim’s quality of life.
• Fractures and broken bones: Common in the arms, legs, and ribs, these injuries often require surgery and extensive rehabilitation.
• Road rash: Skin abrasions caused by sliding across the pavement, which can lead to severe infections if not treated properly.

If this is your case, it’s crucial to seek immediate medical attention after an accident and to document injuries thoroughly to support any legal claims with the help of a motorcycle accident attorney.

Emotional Injuries Caused by Motorcycle Accidents

The psychological impact of such accidents is often profound and can persist long after the physical wounds have healed. Here are the key emotional injuries associated with motorcycle accidents:

Post-Traumatic Stress Disorder (PTSD)

PTSD is a common psychological condition that can develop after experiencing or witnessing a traumatic event, such as a motorcycle accident. Symptoms of PTSD may include:

• Flashbacks: Re-experiencing the traumatic event.
• Avoidance: Steering clear of reminders of the accident.
• Hyperarousal: Increased anxiety, irritability, or being easily startled.
• Social Withdrawal: Isolating oneself from friends and family.
• Sleep Disturbances: Insomnia or nightmares related to the incident.

Depression

Depression is frequently diagnosed in motorcycle accident victims, particularly those who have suffered traumatic brain injuries. Approximately 50% of TBI victims are diagnosed with major depression within a year of their injury, with this figure rising to over 60% after several years. Symptoms of depression may include:

• Persistent sadness or hopelessness
• Lack of energy and motivation
• Social withdrawal
• Changes in appetite or sleep patterns
• Feelings of worthlessness or guilt
• Suicidal thoughts

Anxiety

Victims may also experience heightened anxiety, which can manifest as:

• Constant worry about safety while riding or driving
• Panic attacks triggered by reminders of the accident
• Generalized anxiety about returning to normal activities

This anxiety can lead to avoidance behaviors, further isolating the victim and impacting their quality of life

Coping Mechanisms and Treatment

Recovering from the emotional injuries caused by motorcycle accidents often requires comprehensive treatment approaches, including:

• Psychotherapy: Cognitive Behavioral Therapy (CBT) and other therapeutic modalities can help victims process their trauma and develop coping strategies.
• Medication: Antidepressants or anti-anxiety medications may be prescribed to alleviate symptoms.
• Support groups: Engaging with others who have experienced similar trauma can provide comfort and understanding.
• Lifestyle changes: Regular exercise, mindfulness practices, and healthy social interactions can help improve emotional well-being.

At Deming Parker, our motorcycle accident attorneys evaluate the full extent of damage and recommend your best options. We invite you to contact us to discuss real amounts from similar cases and set realistic expectations for compensation according to your needs.

Damages You Can Pursue After a Motorcycle Accident

If you’ve been involved in a motorcycle accident in Atlanta, knowing what compensation you’re entitled to is essential. Georgia law allows you to recover a range of damages, from covering your medical bills to compensating for lost income:

• Medical expenses: In Atlanta and throughout the state of Georgia, you can seek compensation for all reasonable and necessary medical expenses incurred due to the accident. This includes hospital bills, surgeries, medication, rehabilitation, and ongoing medical treatments.
• Pain and suffering: The emotional and psychological toll of a motorcycle accident can be immense. Georgia law recognizes that accident victims endure physical pain, mental anguish, and a diminished quality of life.
• Lost wages: If your motorcycle accident injuries led to time away from work, you may be eligible for compensation for your lost wages. Georgia law allows for the recovery of income that you would have earned had you not been injured.
• Property damage: If your motorcycle was damaged in the accident, you can pursue compensation for the cost of repairs or, in cases of total loss, the replacement value of your vehicle

Securing the compensation you deserve after a motorcycle accident in Atlanta requires a thorough understanding of Georgia law and a strategic approach to your claim. Don’t leave your financial future to chance; consult with experienced legal professionals to guide you through this complex process.

Difference Between Motorcycle Accidents and Auto Accidents

Motorcycle accidents are inherently different from car accidents due to the vulnerability of motorcyclists and the unique dynamics involved in these collisions. Although motorcycles make up only 3% of all registered vehicles and 0.7% of all vehicle miles traveled in the United States, motorcyclists accounted for 14.6% of all traffic fatalities and 3.5% of all injuries in the last yearly reports.

Insurance companies may hold biases against motorcyclists, viewing them as more reckless, which can lead to lower compensation offers for injuries sustained in motorcycle accidents. We have seen how this bias can complicate negotiating fair settlements, making it even more challenging for injured victims to navigate.

How to Initiate a Motorcycle Accident Claim in Atlanta

Being involved in a motorcycle accident is a harrowing experience. Amidst the physical and emotional turmoil, it’s essential to understand the steps you need to take to secure the compensation you deserve in Atlanta.

Step 1: Prioritize Your Well-Being

Your health should be your foremost concern. Seek immediate medical attention for any injuries sustained in the accident. In Atlanta, as in the rest of Georgia, the medical records generated during this phase will hold significant weight in your claim.

Step 2: Thoroughly Document the Accident

This documentation serves as the foundation of your case. Ensure you:

• Take photographs: Capture the accident scene, vehicle damage, road conditions, and any visible injuries. These images can serve as crucial visual evidence.
• Collect witness information: Obtain contact details from individuals who witnessed the accident or from other drivers. Their statements can corroborate your account of the incident.
• Obtain police reports: Contact local law enforcement to secure the official accident report. This document is a vital piece of evidence.
• Preserve physical evidence: Keep any damaged motorcycle parts, clothing, or other items relevant to the accident. They may serve as tangible proof of the incident.

Step 3: Seek Legal Guidance

Consulting with an experienced Atlanta motorcycle accident attorney is essential to initiate the process of claiming compensation. We have the expertise required to navigate Atlanta’s legal landscape and the intricacies of Georgia law. Your attorney will determine the strength of your claim and the potential for compensation.

Step 4: File the Necessary Legal Documents

Your attorney will help you file the initial complaint and other required legal documents to formally initiate your claim. This sets the stage for either negotiations or, if necessary, litigation.

In Atlanta, the statute of limitations for filing a motorcycle accident claim is generally two years from the date of the accident, so timely filing is crucial.

Step 5: Negotiation and Settlement

Once the claim is filed, the negotiation phase begins. Your Atlanta motorcycle accident attorney will engage with the insurance companies or the defendant’s legal team to negotiate a fair settlement. This could involve back-and-forth discussions, offers, and counteroffers. If a satisfactory settlement can be reached, the case may not need to go to trial.

Step 6: Litigation and Trial

If negotiations fail to yield a satisfactory settlement, your case may proceed to trial. Here, your Atlanta motorcycle accident attorney will present your case, backed by the evidence collected, to a judge or jury. The court will then decide on the compensation you are entitled to, based on Georgia law.

Step 7: Receiving Compensation

Once a settlement is reached or a court verdict is rendered, the process of disbursing your compensation begins. This could involve a lump-sum payment or structured settlements over time, depending on the specifics of your case.

Typical Amounts for Motorcycle Accident Settlements

The average motorcycle accident settlement in Georgia varies depending on the severity of the accident and the specifics of each case. Generally, the settlement amounts can be categorized as follows:

• Minor Accidents: Approximately $10,000 to $50,000
• Moderate Accidents: Approximately $50,000 to $150,000
• Severe Accidents: $150,000 to $500,000 or more

These figures can fluctuate based on factors such as the extent of injuries, medical expenses, property damage, lost wages, and the clarity of liability​

How Long Do I Have to File a Claim?

According to Georgia Code § 9-3-33 the statute of limitations for filing a motorcycle accident claim is two years from the date of the accident. Missing this deadline can result in the forfeiture of your right to seek compensation.

What if I Don’t Have Motorcycle Insurance?

In most states, including Georgia, a great majority of motorists have only minimal liability insurance coverage to pay for property damage, injuries, or unlawful death that result from their own negligence. Since most motorcycle accidents are caused by the negligence of someone other than the motorcyclist, uninsured/underinsured motorist coverage is essential to compensate the motorcyclist for his or her property damage and injuries resulting there from. We recommend a minimum of $100,000 in uninsured/underinsured motorist coverage and $50,000 in medical payments coverage on your motorcycle. You should note even that amount will be insufficient if your injuries are very serious in nature, such as those requiring surgery or resulting in permanent disability and/or disfigurement. You should therefore consider purchasing uninsured/underinsured coverage in excess of the $100,000 minimum.

Need expert legal advice? Our experienced team of injury attorneys are here to help. Call our personal injury lawyers in the state of Georgia at (404) 636-4900 or contact us online.

What Do I Do After A Motorcycle Accident?

If you were involved in a motorcycle accident, please take the following steps:

1. Report the accident to the authorities, even if you are afraid you will be blamed.
2. Obtain contact information from all witnesses in the event that they leave before the police arrive.
3. Remember that shock can accompany a collision and cloud your judgment. Therefore, you should say nothing, or say as little as possible about the accident to the police and other drivers.
4. Shock also masks injuries, so go to the emergency room immediately to obtain appropriate diagnostic tests.
5. Notify your insurance company.
6. Contact one of our Atlanta motorcycle accident attorneys immediately.

Contact an Atlanta Motorcycle Accident Attorney

At Deming Law, we go beyond providing legal representation – we offer strategic legal solutions meticulously tailored to ensure the most favorable outcome for your specific case.

If you’ve been unfortunate enough to sustain injuries in a motorcycle accident, we urge you not to delay, don’t hesitate to contact us for a comprehensive case evaluation.