Any kind of motor vehicle collision can be dangerous, but motorcycle accidents carry a high risk of injury. In fact, 80 percent of motorcycle crashes result in injury or death, compared to only 20 percent of car accidents. This is mostly because motorcycles lack some protective features of passenger vehicles, like airbags, seatbelts, or heavy metal doors to protect the occupant in a wreck. However, most motorcycle riders are aware of the risks and take every precaution to ride safely and avoid accidents.
Unfortunately, you can’t guarantee everyone else on the road will do the same. When accidents do happen between motorcycles and passenger vehicles, it is most frequently the car driver’s fault. These accidents are most likely to happen at an intersection when the motorist violates the motorcycle rider’s right of way. They can have devastating consequences for the motorcyclist, while the car driver is frequently uninjured.
If you or a loved one have suffered a serious motorcycle accident, you may feel overwhelmed trying to cover your medical bills while working to recover. Fortunately, attorney Ali Awad, the CEO lawyer, is here to stand up for your legal rights. He won’t put up with lowball offers from insurance companies and will instead fight to get you fair compensation for your injuries. Arm yourself with the legal representation you need by calling the CEO Lawyer Personal Injury Law Firm at (404) 777-8800] or contacting our injury and accident attorneys online to discuss the details of your case.
Types of Motorcycle Accidents
There are many different ways for motorcycle accidents to occur, but one of the more common scenarios we see is when a car turns in front of a motorcycle, causing the bike to T-bone the car. This most frequently happens at intersections but can also occur when motorists turn out of driveways. Vehicles making left turns are the most likely to collide with a motorcycle, but right turns can also lead to accidents.
With turning accidents, a wide variety of factors can contribute to the crash. Drivers may be speeding or ignoring traffic lights or signs. Distracted driving, like looking at a phone or texting and driving, can be another big problem. However, it’s also very common for drivers to turn in front of bikes when the car driver is otherwise paying attention and obeying traffic laws. More often than not, the turning driver says something to the effect that they “just didn’t see the motorcycle.”
The fact is that motorcycles are smaller than other vehicles and more difficult to spot. Weather and other road conditions may also reduce visibility. Motorcyclists are encouraged to make themselves as “visible” as possible by wearing reflective clothing and riding with their lights on even in daylight. However, all motorists should take precautions to spot smaller vehicles. Anyone turning should make a point to “look twice and save a life.”
Head-on collisions are also common – about three-quarters of accidents between a motorcycle and passenger vehicle involve the motorcycle being hit from the front.
How Can You Pay For Your Recovery After a Motorcycle Crash?
Because these accidents are likely to result in injuries, you may find yourself facing a lot of medical bills. If you’re unable to work because of your injuries, this situation can get even worse. Your health insurance may not cover some or all of the costs. Fortunately, if the other driver was at fault, you can file a claim against their insurance.
Georgia is a “fault” state for motor vehicle accident liability. If you file a claim with your own insurance, they will likely turn around and file a claim with the at-fault driver’s insurance. You can also file a claim with the other driver’s insurance yourself or file a claim against the driver. Whether you should do one or more of these things is something you should discuss with an Atlanta motorcycle crash attorney, as it depends on the circumstances of your case.
Most motorcycle accident cases start with a claim against the at-fault driver’s insurance. There are then several things that can happen:
- The insurance company makes you an offer. This sounds good, but the offer may not be enough to cover all your damages. We strongly recommend speaking to an attorney before you accept any offer from an insurance company.
- The insurance company denies your claim. There are dozens of reasons they might cite for why the claim is denied. It may be that the policy explicitly doesn’t cover some type of situation that arose in your accident. More commonly, they may claim the accident was at least partly your fault. Because Georgia is a “comparative fault” state, the insurance adjuster knows that if you’re found to be 50 percent or more at fault, they won’t have to pay anything. We’ll talk more about this a little later.
- The insurance company agrees to pay within the limits of their policy, but it isn’t enough to cover your expenses. Georgia law requires motorists to carry $25,000 in bodily injury liability per person and $50,000 per accident. Motorists can absolutely buy more coverage, but not everyone does. If you’ve been hit by someone with the minimum required insurance, and you have serious injuries, the policy limit may barely put a dent in your medical care costs. In this situation, your attorney may suggest suing the at-fault driver directly.
What About Negotiating With the Other Party’s Insurance Carrier?
We don’t recommend you do this yourself. When you’re recovering from an accident, you may be in pain or stressed out about your bills. It’s easy to get upset when dealing with an insurance adjuster, and they will be listening for anything you say that can be construed to suggest the accident was somehow your fault. Essentially, you’re trying to get them to pay what they should for your recovery, and they’re looking for any excuse not to. Being in pain and frustrated is not a good state for you to be in when you start negotiating.
The better solution is to contact an Atlanta attorney who handles motorcycle accidents for a free consultation. If they agree that the insurance company should pay you more, your Atlanta injury lawyer can negotiate for you. They are experienced in dealing with insurance companies and know the best strategies to get you as much compensation as possible.
What If a Deal Can’t Be Reached?
If the insurance adjuster refuses to agree on a fair settlement, your lawyer may suggest taking them to court. You may also sue the at-fault party if you’ve reached the limits of their policy and need more compensation.
How Does a Motorcycle Accident Lawsuit Work?
Your attorney will file the appropriate paperwork in court. This must be done within two years from the date of your accident, so you should speak with an attorney as soon as possible. You may file a claim against the other party’s insurance or against them directly, or both. There will then be a discovery period in which both sides exchange information, and your lawyer will spend this time gathering evidence to present in the trial.
Once in court, your attorney will work to prove four things:
- The other party owed you a duty of care (to drive safely)
- They breached that duty (by not driving safely and causing an accident)
- This breach of duty caused you injury
- You suffered damages as a result
The other party or parties will try to refute one or more of these assertions. There are many strategies they can use, but because of Georgia’s status as a comparative fault state, it’s very common for the other parties to claim the accident was somehow your fault.
Comparative fault laws say that if the victim was partly at fault by more than 49 percent, they are not entitled to collect any damages from the other parties. If the victim was at fault by less than 49 percent, they might collect damages reduced by the amount of fault attributed to the victim. So if you are found to be 10 percent at fault, any damages you’re awarded would be reduced by that much.
As a result, the other party’s attorney is likely to present any evidence they can think of that you were at fault. Depending on the nature of the accident, this can mean all sorts of things. They might claim you didn’t take reasonable precautions to make your bike more visible. They might claim you didn’t have your lights on (even if you did). Or, they might claim that you were speeding or disobeying some traffic law. Your attorney will work to refute these claims, as well as demonstrate how the other driver was at fault. In many cases, they may be able to prove that you were not at fault. Even if the jury does find you had some fault in the accident, they may find it was only a small percentage, and as a result, you will still get most of the damages you deserve.
What Can You Collect Damages For?
Under Georgia law, people hurt in any kind of motor vehicle accident, including motorcycle crashes, can ask for the following compensation:
- Medical costs. This includes both your current bills and estimates of any future care needed if you haven’t fully recovered yet.
- Lost wages from missing work.
- Property damage to your bike.
- Pain and suffering from your injuries. This includes both physical pain and mental anguish, including things like anxiety or PTSD resulting from the crash.
- Permanent disability or disfigurement.
- Loss of companionship if you’ve lost a loved one in the accident.
If you’re struggling after a motorcycle accident, don’t hesitate to contact the CEO Lawyer Personal Injury Law Firm team for a free consultation. You can contact us online or call us at (404) 777-8800. The CEO Lawyer, Ali Awad, knows what it takes to secure compensation for those who have suffered serious motorcycle accidents. He has built a successful business by earning his clients hundreds of millions in collective settlements and jury awards.
