Accidents involving motorcycles are often devastating for the riders and their passengers. While many accidents result from driver negligence, distracted drivers, drunk drivers, or poor weather conditions, some accidents are caused by motorcyclists’ negligence. In certain cases, it may not be entirely clear who was at fault. In all types of situations, it is essential to contact an experienced Atlanta motorcycle accident attorney who can assess the details of your case and advise you as to your best course of action.
The experienced team of motorcycle accident attorneys at the CEO Lawyer Personal Injury Law Firm is here to help you through this challenging process. We will gather the evidence and take care of the legal aspects so that you can focus on recovering from your injuries. We offer free initial consultations, so contact us at (470) 323-8779 or reach us online to schedule a meeting with one of our injury and accident lawyers.
Liability for Motorcycle Accidents
In Atlanta, motorcyclists have a duty of care to their passengers. This means that their responsibility is to ensure that they drive safely and according to traffic laws. If they fail to do so and cause an accident, they are liable for any injury or damage that their passengers suffer due to their negligence and reckless behavior.
When a vehicle collides with a motorcycle, the riders have very little protection and is vulnerable to significant injury or death. The larger the vehicle, the more likely a driver will violate the duty to yield to smaller vehicles. Motorcycle crashes often occur at intersections. If you are injured while riding on a motorcycle, the driver of another vehicle may be liable for your injuries. To prevail in a negligence lawsuit, you must show:
- that the other driver owed you a duty of care
- that they breached that duty by acting unreasonably
- that your resulting injuries were caused by their negligent driving
Common Causes of the Motorcycle Accidents
There are many reasons for collisions involving motorcycles. A common reason for motorcycle accidents is that drivers of other vehicles do not see motorcyclists on the road. Another reason is that motorcyclists lack experience driving their bikes and do not have sufficient training before riding. Other causes include poor visibility and weather conditions, road hazards, mechanical failure, speeding, driver distraction or inattention.
Comparative Negligence in Georgia
Comparative negligence means that all liable parties are responsible for the proportion of damages corresponding to their percentage of fault. The more your fault contributes to an accident, the less you can recover in a lawsuit. For example, if the court finds you 10 percent liable and awards $100,000 in damage, you will only receive $90,000.
In a pure comparative negligence state like Georgia, you are only barred from recovery if you are deemed more than 50% responsible for the accident. In Georgia, both passengers and motorcyclists must wear helmets that comply with the headgear requirements of the Georgia Department of Public Safety. If, as a motorcycle passenger, you don’t wear a helmet and get involved in a collision, the jury may consider this failure as a factor in determining your percentage of fault for your injuries.
Common Injuries to the Passenger in a Motorcycle Accident
One of the most common injuries suffered by a passenger in a motorcycle accident is road rash. This injury occurs when the skin is dragged along the pavement and is scraped off. Road rash can be excruciating, usually resulting in serious scarring.
Head injuries are also common, especially if helmets are not worn or are worn improperly. The head may slam into the pavement or another vehicle during impact, resulting in concussions and other head injuries. Passengers on motorcycles often suffer from broken bones as well. In many cases, the bike may roll over onto the passenger upon impact, resulting in broken legs and arms. The arms may also be thrown forward during an accident, resulting in broken wrists and fingers.
Internal injuries are also a concern for passengers on motorcycles. The force of the impact can cause organs to bruise or tear, leading to internal bleeding and other serious problems that can result in death if they are not treated quickly. Passengers may also suffer from spinal cord injuries during a motorcycle accident.
What Must You Do Immediately After The Accident?
- If you or someone else was injured in the accident, call 911. Not only will this get you the help you need, but it is an important way to document the fact of the accident.
- Even if you don’t think you are injured, you must seek medical attention right away to rule out internal injuries and other conditions that may not be immediately apparent following an accident.
- Don’t forget to take pictures of any damage done to you, the motorcycle, and any other vehicles involved in the wreck. If possible, also collect contact information from any other drivers involved in the accident and any witnesses who may have seen what happened.
- The sooner you talk with a lawyer after an accident, the more likely it will be that they can help you preserve evidence and build a strong case for compensation on your behalf.
How Can the CEO Lawyer Be of Help?
Motorcycles can be a fun and convenient form of transportation, but they can also be dangerous if drivers do not take proper precautions or if motorists fail to notice motorcycles on the roads.
You might have been unable to avoid injury as a passenger on a motorcycle if the motorcyclist crashed into another vehicle or object while driving recklessly or too fast. A motorcyclist who was not paying attention to the road or failed to yield at an intersection could cause an accident that results in serious injuries for their passengers. If this happened to you, contact the legal team at CEO Lawyer for a free consultation and case evaluation with one of our experienced attorneys.
At the CEO Lawyer Personal Injury Law Firm, our skilled attorneys have extensive experience handling complex cases involving motorcycle accidents and other severe injury cases. We will fight for full and fair compensation for your injuries. We offer in-depth knowledge of the law coupled with practical solutions to take care of each case with efficiency and confidence. Our goal is to help you get back on your feet to move forward in life. Write to us online or call at (470) 323-8779 to set up your free case evaluation with us.
