Thousands of people ride motorcycles throughout Georgia every day, and even the most experienced riders need to acknowledge the risks they face on the road. Motorcycle accidents are less common than passenger car accidents but tend to be far more damaging. If another driver has caused a motorcycle accident, it’s vital to know your legal options and the value of working with an experienced Duluth motorcycle accident lawyer in your recovery efforts.
There is nothing like enjoying the freedom of a motorcycle ride. When a motorcycle is your transportation, you can fully enjoy the journey to your destination. While riding your bike may be the best part of your day, it can also be the most dangerous. Even the most skilled motorcycle riders are at risk, due to the larger vehicles around them on the road. If you have been injured or lost a loved one in a bike wreck due to a negligent driver, Keith D. Leshine Attorney at Law, LLC, is the motorcycle accident injury lawyer to call in the greater Atlanta or Duluth area.
Motorcycles are a popular form of transportation, both for practicality and enjoyment. While there are millions of motorcycle riders sharing the road with drivers of cars, trucks and other vehicles, the motorcyclists are the most vulnerable on the road. Not only are they driving a smaller vehicle, but there is no protection between them and other vehicles or objects. This risk is increased by the fact that a large portion of motorcycle accidents occur simply due to the fact other drivers do not see or look for motorcycles.
One of the main causes of injury motorcycle accidents is drivers not yielding to a motorcycle that has the right of way, hitting them directly when turning. This is common at intersections, especially when vehicles are turning left across one or more lanes of oncoming traffic. Other drivers may turn into the path of a motorcyclist or actually hit the motorcycle, often resulting in serious injuries or fatalities.
Other common causes of motorcycle accidents in the Duluth area include distracted driving, speeding, and moving violations such as illegal turns or failure to yield the right-of-way. It is also possible for a driver to cause a motorcycle accident by breaking the law, such as by driving while under the influence of drugs or alcohol. No matter how your accident happened, proving fault will be an essential first step in your recovery process.
Georgia follows the fault rule for all vehicle accidents. This means that if a driver is proven to be at fault for damages another driver suffered in an accident, the at-fault driver is liable for those damages. Every driver in the state must have auto insurance that meets minimum coverage requirements for bodily injury liability and property damage liability, and filing an auto insurance claim may be your first option for recovering from a serious accident.
Your Duluth motorcycle accident lawyer can help gather the evidence you need to prove fault for your accident. This evidence could include vehicle computer data, the other driver’s cell phone records, or recordings taken by traffic cameras around the scene of the accident. Your attorney can also secure witness statements from anyone who saw your accident happen. You will need to prove fault before you can recover any compensation for your damages.
It is estimated that an average of 80% of motorcycle accidents result in injury or death. This is a very high percentage compared to passenger vehicle accidents. Thousands are motorcyclists die each year in crashes, with many of these accidents caused by other drivers. Their families are left without their loved one, a devastating loss that no amount of money can replace. However, even when a rider survives a motorcycle wreck, the injuries can be catastrophic for the rider and their family.
Some of the common motorcycle injuries that occur include:
A motorcycle accident victim can face an extensive road to recovery from their injuries. In some cases, there may be permanent disabilities, including brain damage, paralysis or loss of limbs. Injured motorcyclists need a lawyer on their side who will carefully examine all possible options to obtain compensation to cover medical bills, rehabilitation, income loss and long-term disabilities.
Remember that you face a time limit for pursuing accountability and compensation for your damages after any vehicle accident in the state. If you intend to file a claim against the at-fault driver’s insurance policy, you must do so as quickly as possible after your accident. If you must file a personal injury suit, you need to do this within the statute of limitations; otherwise, you will lose your chance to recover compensation for your damages.
It is also important to remember that the state follows a comparative negligence law. This means that if multiple parties share fault for an accident, each party has a percentage of fault assigned that corresponds to their level of liability for the accident. This could mean fault may be split among multiple defendants, but it could also mean that a plaintiff may be found partially liable for their accident.
If comparative fault applies to you, your fault percentage will be subtracted from your case award. However, under the state’s modified comparative fault rule, you must be found less at fault than the defendant; otherwise, you lose your right to claim compensation for your damages from any other liable party. If you have concerns about this for your case, your attorney can help you make clearer sense of your situation.
State law requires every driver to have auto insurance that includes bodily injury liability coverage and property damage liability coverage. Additionally, while not strictly required, drivers are encouraged to add uninsured motorist coverage to their policies. If you have this coverage, you can use your own insurance after an accident caused by an uninsured driver, and it should not cause your premiums to increase.
After you have established fault for your motorcycle accident, your attorney can help you file a claim against the at-fault driver’s auto insurance policy. Dealing with insurance companies can be challenging as they will almost always try to settle a claim for as little as possible. Sometimes, they will attempt to bully a claimant into accepting the first lowball settlement they offer, and some will even engage in bad faith tactics to avoid paying out fair settlements.
You are less likely to encounter such mistreatment if you have legal representation advising you. Your attorney can help you fill out all necessary claim forms and gather the evidence you need to submit to the insurance carrier. If they raise any disputes or mishandle your case, your attorney will know how to respond. Once you receive a settlement offer, they can determine whether it is reasonable and then explain the next steps for your case.
If you are unable to fully recover your losses through an auto insurance claim, or if the at-fault driver does not have insurance, you will need to file a personal injury suit against them in order to recover as much as possible. Success with a personal injury case will require proving that the defendant is liable for damages based on a preponderance of the evidence, meaning the evidence shows they are more likely than not at fault.
Establishing liability is crucial for recovering compensation for your damages. If you can successfully prove a defendant is directly responsible for causing your claimed damages, you can recover compensation for your medical expenses, lost income, property damage, and financial compensation for the pain and suffering you experienced. Due to the severity of the injuries many motorcycle accidents cause, you may be eligible to claim substantial compensation.
Your Duluth motorcycle accident lawyer can guide you through each step of your personal injury suit, and they can explain the options you may have for resolving the case. For example, some personal injury cases are settled privately outside of court, and this is typically much faster than litigation. The tradeoff for expediency, however, is usually less compensation than the plaintiff could have won at trial.
There are potential risks and benefits to both settlement and litigation, and your attorney can explain the differences if you have options for resolving your case. Keith D. Leshine Attorney at Law, LLC, has the resources and experience to provide comprehensive legal representation no matter what your personal injury case requires, and our team has the record of successful cases to show our commitment to our clients’ recoveries.
At Keith D. Leshine Attorney at Law, LLC, we have been helping our clients get the justice and compensation they need when tragedy strikes since 2000. Keith Leshine and our legal team have the experience and knowledge to handle complex motorcycle injury cases. We research every case intricately to determine the most effective options to gain the compensation our clients need and deserve. We handle serious injury and fatality cases for motorcyclists and their families, fighting tirelessly for the highest award possible from the negligent drivers and their insurance companies. Our firm is not afraid to take a case to trial, if needed, to get the best outcome for our client.
If you lost a loved one in a fatality motorcycle accident or you were injured in a motorcycle crash, you may be eligible to pursue compensation. Our team at Keith D. Leshine Attorney at Law, LLC, can explore your options, from fighting your insurance company for higher compensation to a motorcycle injury or fatality lawsuit against the at-fault driver. Contact us at our office in Duluth, GA. We offer free initial consultations with a motorcycle accident injury lawyer.