Love them or hate them, most people agree on two things about motorcycles: first, that there is something inherently cool about them, and second, that there is something inherently dangerous about them.
Roughly 2% of all registered vehicles in Georgia are motorcycles, translating to about 31,000 units. This small percentage, coupled with the general agility and small size of motorcycles compared to cars, allows them to account for only 1% of all road accidents in the state.
And yet, in 2019, the Governor’s Office of Highway Safety published that motorcycle operators account for 21% of driver fatalities and 11% of all traffic fatalities. Hospital and emergency room charges for motorcyclists in that year amounted to over $221 million.
Most motorcycle crashes in the state occur in North Georgia and around the metro in Fulton County. With motorcycle accidents on the rise, so do the odds of being included in these statistics.
When you do end up in a motorcycle crash, it might be a good idea to contact a motorcycle accident lawyer.
When Do You Need a Fulton County Motorcycle Accident Attorney?
Motorcycles may be better at getting out of a pinch than most other vehicles. Unfortunately, this maneuverability is a double-edged sword when it comes to accident statistics.
Research shows that motorcyclists have high risk-taking tendencies that they do not transfer to other vehicles that they operate. When on a motorcycle, they drive at faster speeds, overtake more often, and attempt to slip through narrower gaps.
These risk factors lead to situations where motorcyclists need a motorcycle accident attorney, where any other vehicle operator would not.
The Insurance Provider Lowballed or Denied Your Claim
Insurance companies are aware of the increased risk involving motorbikes and can be more wary when covering motorcyclists as a result. This is even more apparent when you consider that motorcyclists have fewer protective redundancies on their bikes than car drivers.
Combining these factors means motorcycle injuries are often far more costly, and insurance providers are usually less willing to shell out a large amount.
Working with a motorcycle accident attorney gives you access to a professional who can build a case using available evidence in order to minimize the odds that an insurer will lowball or deny your claim. If your claim was already denied, your lawyer can also dispute it for you.
Another Party Pins Fault on You
Some motorcycle accidents involve other vehicles besides the rider’s. Unfortunately, because motorcyclists are associated with risk, it is unfairly easy to argue that the rider is at fault compared to accusing other parties.
Such an accusation is especially damaging to a motorcyclist in Georgia because the state follows a modified comparative negligence rule. This means that any degree of fault a motorist is determined to have contributed to an accident is deducted as a percentage of their claim.
In addition, if a motorist is over 50% at fault, they are ineligible to receive anything from their claim.
However, while experienced motorcycle accident lawyers acknowledge that motorcyclists take more risks than drivers on average, high-risk drivers engage in more risk than average motorcyclists.
Your lawyer will know that just because they are in a safer vehicle doesn’t by default mean they are not liable and will work to prove that the other driver was at fault if indeed they are. And if you are at fault, they will work to find just how much the other side contributed as well.
What to Do After a Motorcycle Accident
The ideal situation is not to be involved in a motorcycle accident at all. That means driving safely and defensively, obeying the rules of the road, and managing the risks you take while operating a motorcycle.
In the event that a motorcycle accident is unavoidable, the next best thing is to have protective gear. Georgia is one of nineteen states that require motorcyclists to wear helmets, but don’t stop with the bare minimum and opt for durable pads and gloves as redundancies.
Once you’ve maximized the odds that you’ll make it out alive in the first place, then you can start thinking about what to do afterward.
Get Yourself to Safety
Before anything else, prioritize your safety. This advice begins at the same time the accident does and is heavily dependent on you keeping calm with a clear head.
As soon as the motorcycle impacts another object, let go of the motorcycle and get ready to make contact with the ground, especially if you are traveling at speed. Bumps, scrapes, and road rash are a better alternative to having 500 pounds of metal pinning and dragging you.
If you slide, try to do so feet first; else, if you roll, protect your head, neck, and vital areas with your arms. When you come to a stop, crawl – do not walk – away from the middle of the road, ideally in the opposite direction from your motorcycle.
Once you are clear of the motorcycle, place some distance and check yourself for injuries before tending to anyone else at the scene. If you are pinned by the motorcycle or other object involved in the crash, raise what limbs you can and make noise for other people to notice you.
Contact Emergency Services
If no one else has contacted 911, or if you are unsure if anyone has, do so yourself. Georgia law requires parties involved in accidents to remain on the scene, report to authorities, and exchange information when asked.
Request police presence to record the details of the accident. If necessary, call for an ambulance and a fire team as well, depending on the context of the accident.
While waiting for emergency response teams to arrive, you may offer help to other people who may be injured. You may also take this time to gather information, including contacts, vehicle information, and insurance information of involved parties.
However, do not attempt anything you are not trained in unless you have assistance from the 911 operator. For example, this means you should not move any unconscious individuals, with the exception of a situation with an immediate threat to their life.
Document the Scene
If it is within your capacity to do so, begin collecting evidence. Take photographs and record audio and video footage at the scene.
Interview other people in the area and calmly discuss the situation amongst each other if necessary, but avoid under all circumstances any mention of fault. That said, if you do feel responsible, do not hide the details that make you feel that way from authorities.
The best approach is to say what happened from your perspective and leave it to the investigation team to determine how.
One final piece of advice: use common sense when gathering evidence. Do not attempt to perform an action if it actively risks worsening the situation.
Especially in today’s day and age, where accident footage can go viral and give anyone fifteen minutes of fame, this means avoiding recording people if it agitates them. A solid case and fair claim are much more important than clout and a countersuit.
Contact Your Insurance Provider
You will have to contact your insurance provider regarding the incident in order to start the claims process. Provide them with all the information you have gathered, as they will need this for their investigation into your case.
You may be asked about your injuries, in which case you can mention any apparent ones you have documented. Inform your insurer, however, that you will need to wait for an assessment by a medical professional before you can give all the details.
This advice also goes for when the insurer requests details regarding any property damage. Waiting for more information provided by professionals allows for a more accurate estimation of the amount of compensation you can get from your claim.
Call a Motorcycle Accident Lawyer
A motorcycle accident lawyer can start helping you as soon as the claims process starts. The course of action they take will depend on whether you are pursuing a claim from an insurer or legal action against a liable party (or both).
Either way, once you agree to work together, your attorney will begin their own investigation into the accident, putting together a case to argue for the maximum possible amount you can get.
- Gathering Evidence: Your lawyer will make use of any information you have gathered and provided to your insurer to build the framework for your case. This includes the information found on the police report and any medical records pertaining to your injuries. They will also look to secure time-limited evidence, including footage from dashcams, CCTVs, or doorbell units, or receipts linking purchases to your damages to ensure all expenses are accounted for.
- Damage Assessment: This is the same service an insurance adjuster provides for the company, done by your attorney for you. By taking all of the evidence into consideration, your attorney will be able to estimate a reasonable, realistic amount of damages you are owed. They will also study a long history of case law to determine the value of any subjective non-economic damages you suffered in order to compensate you for your pain and suffering as well as that of those closest to you.
- Negotiating on Your Behalf: Whether it’s with the insurance adjuster or the at-fault party’s own legal representation, your attorney will attempt to come to an agreement that covers your needs. They can handle the entire negotiation process in your stead if you are rendered unable to physically be there due to your injuries, recovery plan, or hectic schedule, meaning half the stress of the legal back-and-forth is taken off of your back.
- Filing a Lawsuit: This is usually the path taken if the at-fault party is uninsured, uninsured, unlocatable – such as in a hit-and-run accident – or unwilling to cooperate, or if the insurance provider is unwilling to give out a fair settlement in accordance with the terms of your policy. Most lawsuits will not make it to court, with between 70% to 90% of cases settling instead, as plaintiffs, defendants, and insurance companies alike would rather pay out a higher amount than deal with the additional expenses of the legal system on top of a non-guaranteed chance of success.
- Court Representation: In the event your case does make it to court, your lawyer will continue to represent you to the best of their abilities. The courtroom is where legal battles are at their most intense, but it is also where personal injury lawyers excel and, with enough evidence backing their arguments, succeed in claiming five-, six-, or even seven-figure sums to cover all the damages their clients suffered in an accident.
- Alternate Means of Compensation: In some cases, such as a hit-and-run, you may not be able to track down the person responsible. This is an even bigger problem if your own personal injury, UM, and UIM plans do not cover your damages. In these scenarios, a lawyer may be able to help you find alternative means of compensation, such as through Georgia’s Crime Victims Compensation Program.
Fulton County Motorcycle Accident Law Firm
If you’re looking for legal assistance to help you out in the aftermath of a motorcycle accident, turn to our expert attorneys at the CEO Lawyer Personal Injury Law Firm. We provide our clients with best-in-class legal representation in the Peach State.
Under seven years of expert leadership by Attorney Ali Awad, the CEO Lawyer has become one of the fastest-growing law firms in the country today. We have successfully recovered millions of dollars in damages for our clients and will do the same for you.
When Attorney Awad isn’t fighting battles in the courtroom, he fosters connections with the Fulton County community through his social media platforms, where he offers free legal advice.
We serve the clientele of Fulton County in both English and Spanish, and we offer zero-cost consulting services with no obligation to work with us. If we do take your case, you owe us nothing until we win your case or settle your claim.
Call the CEO Lawyer Personal Injury Law Firm today at (470) 323-8779.
