Navigating Motorcycle Accidents in Georgia

Every driver on the roads has a legal obligation to operate their vehicle with due care. Drivers who fail to do so are negligent and have a legal obligation to compensate injury victims for all the losses that are caused by this negligence.

So what care is due? Drivers must abide by the standard of the “reasonably prudent driver.” If a driver fails to yield, speeds or is not watching for motorcycles on the roadway, this can constitute negligence. Motorcycles are often more difficult to see on the road because they are smaller than passenger vehicles. Because of this, drivers have a duty to watch more carefully for motorcycles in the roadway. A driver who fails to yield to a motorcycle or simply isn’t paying enough attention can be found at fault (“liable”) for causing a motorcycle accident.

Helmets save lives. Time and again, studies have shown that riders who are wearing helmets sustain less serious injuries in accidents than riders who are not. Insurance companies like to use this fact as a weapon. The claims adjuster might claim that your injuries were due to your lack of helmet use or that a jury will not “give you any money.” Do not believe these statements. A negligent driver is still responsible for your injuries, regardless of whether you were wearing a helmet. Protect your legal rights and consult your motorcycle accident lawyer.

A negligent driver is liable for both your personal injuries and your property damage. You should receive compensation for any losses due to negligence and not just for physical injuries. The insurance company must make a timely decision about liability to prevent unnecessary delays in handling your claim. You should rent a vehicle for as long as it takes to repair your motorcycle.

If the cost of repairs exceeds the value of your motorcycle, the insurance company might declare your bike a total loss. In this case, you should receive coverage for a rental vehicle (or compensation for the loss of use of your vehicle) from the time of the accident until you receive the full value of your motorcycle.

Get medical treatment as soon as possible after an accident. Early intervention gives you the best possible chance of making the best possible recovery. It also prevents the insurance company from claiming that you made your own injuries worse by delaying treatment.

But of course, there is the very real concern of figuring out how to pay for these medical bills. If you have health insurance, your carrier is responsible for paying for medical bills as they accrue. If you eventually get an Atlanta motorcycle accident settlement that also provides compensation for these bills, your health insurance provider might seek reimbursement for any bills they paid related to the accident, but your injury lawyer will sort this out.

If you do not have health insurance, you can still get emergency treatment at county facilities and clinics. If you need ongoing pain management or chiropractic services, your injury lawyer can help you find providers who will work on a lien. This means that the medical provider takes no upfront payment and, instead, files a lien against your settlement, which ensures that they receive payment for their services before you get your settlement proceeds. Your accident lawyer will help you handle liens, as well.

In either event, it is important not to delay or forego medical treatment, even if you do not have insurance. An experienced motorcycle accident lawyer can help you figure out a way to get the medical treatment you need.

If you miss any time from work due to the accident, you have the right to compensation for the wages you lost. This is another loss that directly stems from the actions of the negligent driver. In simple cases, you can provide documentation from your employer that simply states the number of hours of work that you missed and your hourly rate. Multiplying these numbers produces the total amount of your lost wages.

But many cases are more complicated than this. If you lost out on any overtime, bonuses, or commissions, these, too, are part of your lost wages. It can be difficult to prove that you definitely would have received these types of compensation for the accident. Your motorcycle injury lawyer will know how best to establish these losses. If you have more serious injuries that will permanently affect your ability to make a living, then you deserve compensation for the decrease in your future earning potential.

If you do have permanent injuries, you will suffer financial losses long after your case settles. So, how do you get compensation for your future losses? Your attorney will work with expert witnesses to project the value of these future losses.

If, for example, you never return to work, your attorney will work with an economist to project the wages you should expect to earn between the time of the accident and the time of your expected retirement. This will also include inflation adjustments and employment benefits (such as health insurance and retirement contributions). If you are limited to part-time work, the economist will calculate the difference in wages you earned before the accident and after the accident. The negligent driver is responsible for compensating you for this difference.

Permanent injuries can also result in lifelong medical expenses. Your attorney can prove these costs by hiring an expert witness (such as a life care planner) to project these costs over your lifetime. These, too, should be adjusted for inflation.

A settlement offer should be fair for your particular case. This depends on your injuries, your pain and suffering, how the accident occurred, where the accident occurred, and how egregious the driver’s conduct was. All of these factors affect the amount of compensation that a jury would be likely to award you at trial. This, in turn, determines what a fair settlement offer is because the insurance company’s incentive to settle your case is to avoid a lawsuit.

If the settlement offer is close to what a jury might award you at trial, then it is likely a fair offer. But if the settlement offer is significantly lower than what you could expect to receive at trial, then it is likely worth the time, expense, and risk of taking your case to a jury. You should never take advice from the insurance company about whether to accept a settlement offer. Only an experienced motorcycle accident lawyer who is on your side can give you a fair estimate of what your case is actually worth—and whether you should accept a settlement offer or take your case to trial.

Each motorcycle accident is unique, and so are the claims that arise from accidents. The more complicated your case might be, the longer you might have to wait for your payment. It is worth it to wait it out and ensure that you receive a full settlement instead of rushing to get the case finished and receiving inadequate financial recovery.

Insurance companies know that injured accident victims are eager to receive payment, so they will often offer a low settlement right out of the gate. They are hoping that you accept a lowball offer to have a check in your hands faster. However, rushing through your claim can leave a significant amount of losses uncovered.

Your lawyer should review any settlement offers, and if they are insufficient, negotiate for a higher amount. This might involve providing additional evidence to support your claim. Negotiations can go back and forth until the insurer makes a fair offer.

Some insurance companies might not admit liability or make a reasonable offer. This can lead your attorney to file a lawsuit in civil court for your personal injuries. This can extend the legal process but can give you another chance to receive a full financial recovery.

Tragically, not all motorcycle accident victims survive their injuries. The Georgia Wrongful Death Act allows surviving members to sue a negligent driver for causing fatal motorcycle accident injuries. These claims seek compensation for tangible losses, such as the lost wages the victim would have earned between the time of the accident and the estimated time of his or her retirement.

Surviving spouses can also claim damages for “loss of consortium.” This is compensation for the loss of the victim’s company, aid, affection, and sexual relations. This is a very subjective standard, but it is also very powerful. Jurors understand that losing a spouse is a horrific experience that can be invaluable.

You might want to file wrongful death lawsuits against negligent drivers if you lose a close family member in a crash. If you don't hold negligent drivers accountable for their dangerous driving, these hazards are likely to continue and injure other innocent road users. When negligence is serious enough to cause a victim’s death, it is more important than ever to hold the driver accountable.

Whether you believe you have an Atlanta motorcycle accident claim for your injuries or a wrongful death claim for the loss of a loved one, you should seek the right legal representation from an Atlanta motorcycle accident attorney. Call (404) 600-0550 to schedule your free consultation with a motorcycle accident lawyer at Huggins Accident Injury Lawyer.