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. 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 can help you get justice and the compensation you deserve.
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 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:
- 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.
- 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.
- 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.
- 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.
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.
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 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 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.
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 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.
What Do I Do After A Motorcycle Accident?
If you were involved in a motorcycle accident, please take the following steps:
- Report the accident to the authorities, even if you are afraid you will be blamed.
- Obtain contact information from all witnesses in the event that they leave before the police arrive.
- 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.
- Shock also masks injuries, so go to the emergency room immediately to obtain appropriate diagnostic tests.
- Notify your insurance company.
- Contact one of our motorcycle 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.
2200 Century Pkwy NE, Suite 800
Atlanta, Georgia 30345