Gwinnett County Motorcycle Accident Lawyer

Gwinnett County is home to many scenic routes perfect for motorcycle riding. Other bikers may ride in the city to save money on gas and get around quickly.

While motorcycles are an enjoyable and convenient mode of transportation for many, your ride could come to an abrupt end if a negligent driver causes a collision with your bike.

Sadly, motorcycle riders usually receive the most severe injuries in an accident with a passenger vehicle. Bikes don’t have seatbelts or airbags, and the rider is often ejected from the motorcycle in a collision.

These risks are even higher if the car collides with the motorcycle at high speed. We’ve seen many cases where the motorcyclist was in the hospital for weeks or months and spent even longer recovering at home afterward.

Common injuries include:

• Broken bones. Hands, arms, shoulders, legs, ankles, and feet often suffer fractures in motorcycle crashes. Wearing padded clothing made for bikers and sturdy boots can help reduce the risk.
• Soft tissue injuries. Often, people think soft tissue injuries are less severe than broken bones, but they frequently lead to intense and sometimes chronic pain and can take months to heal. Separated shoulders, whiplash, and many back injuries occur when the crash’s impact damages soft tissue. In some cases, surgery may be necessary to repair tears in the shoulder’s rotator cuff or torn ligaments and muscles in the arms or legs.
• Head and traumatic brain injuries (TBI). Unfortunately, many motorcyclists hit their heads during accidents, most often because the biker is ejected from the bike and their head makes contact with the ground or another solid object. However, it’s also possible to develop a traumatic brain injury (TBI) without hitting your head if another vehicle strikes your motorcycle from behind. This can result in the rider’s head snapping forward and back violently, which can not only cause whiplash but damage to the brain as it moves inside the skull. While some people recover fully from TBIs, others may suffer permanent disabilities or chronic headaches. The best way to lower the risk of head injuries is to wear a DOT-approved, well-fitting motorcycle helmet. A full-face helmet provides additional protection against face and eye injuries.
• Road rash. Most bikers are familiar with road rash—which occurs when contact with the road tears or damages exposed skin—but many don’t realize how serious it can be. In some cases, the injured biker may lose considerable skin, and gravel or other pieces of debris from the ground become embedded in the tissues underneath the skin. Infection and scarring are common complications. The best way to protect your skin is to keep it covered when riding. If you’re worried about the Georgia heat, invest in some ventilated protective clothing items that allow you to stay cool while keeping yourself safe.
• Internal injuries. Bikers may experience an impact on the torso that causes internal bleeding or organ damage, sometimes necessitating surgery.
• Back and spine injuries. Any injury to the spine has the potential to cause nerve or spinal cord damage and may even lead to paralysis. A pinched nerve or soft tissue injury could cause chronic back pain and mobility issues.

Why Do You Need a Gwinnett County Motorcycle Accident Attorney?

Recovering from a motorcycle accident can be lengthy and expensive, as you can see from the list of potential injuries above. Many motorcyclists are out of work for weeks or months while receiving more medical bills every day.

The at-fault driver’s insurance should pay for your injuries, but insurance company adjusters will find every excuse to deny your claim—or undervalue it.

A motorcycle accident lawyer can help you navigate this difficult situation. We’ll work to show that the accident was not your fault, calculate your damages, and fight to get you the settlement you deserve for your injuries.

What Damages Should You Seek in a Motorcycle Accident?

You should seek any damages that you have, and many people have more damages than they realize. For this reason, we always talk with the client about their injuries and the impact on their life.

Here are some potential damages we will discuss (you may have damages in one, several, or all categories):

• Medical bills. Motorcyclists often suffer significant injuries that require continued treatment for several months or more. Even a “simple” fracture can cost thousands of dollars to treat, and your health insurance may not cover everything. Many bikers discover that their health insurance policy limits how much will be paid per year or how many visits to a specialist will be covered. We want you to get all the treatment you need, so we’ll review your current medical bills and seek compensation for your future medical care.
• Lost income. When you’ve been hurt in a motorcycle accident, it may take time to recover enough to return to your job, especially if you do physically demanding work. If you’ve suffered a broken bone, you may be unable to work for a minimum of 6-8 weeks or several months for more complex breaks. TBIs can also prevent you from working, even if you have a desk job—some TBI patients may develop difficulties with language, memory, concentration, and other cognitive skills needed in many occupations. If you miss work because of your injuries, you’re entitled to compensation, even for paid time off that you used.
• Lost earning potential. In some cases, a biker is severely hurt to the point that they will not fully recover. They may be permanently unable to do their job, either physically or mentally. Sometimes, the injured person can do a less taxing job or work fewer hours, which still results in a loss of income. When this happens, we can pursue damages for your lost earning potential—essentially, we will work to recover the income you would have earned if your accident never happened.
• Permanent disability. With or without damage to your earning potential, a permanent disability still impacts you daily and may decrease your quality of life.
• Pain and suffering. Motorcycle accident injuries are often debilitatingly painful, and in some cases, the physical pain becomes chronic despite treatment. At the same time, bike crashes can cause emotional or mental distress. PTSD, anxiety, depression, insomnia, and other mental health effects are common and shouldn’t be overlooked because they aren’t physical problems.
• Property damage. Bikes often receive the bulk of the damage in a collision with a passenger vehicle, and the repair costs may be high. In some cases, the bike is simply totaled. We’ll work to get an accurate damage valuation so you can get your bike fixed or replaced.
• Wrongful death. Sadly, some of these accidents prove fatal for the motorcyclist. Because bikes have fewer safety features than passenger vehicles, about 14 percent of traffic fatalities are motorcyclists, although only 3 percent of registered vehicles are motorcycles. If you’ve lost a loved one in a motorcycle accident, we can help you seek damages such as funeral or burial costs, loss of financial support, loss of consortium, and more so you will have the support you need to move forward.

Who Is at Fault in a Motorcycle Accident?

It depends on the specific circumstances of the accident, but in many cases, the car driver is at fault. However, sometimes, a biker causes a crash, especially if they are engaging in risky behavior like speeding or driving under the influence.

Surprisingly, there is also a third option—in many cases, both parties are partially at fault. This is due to a legal concept called modified comparative negligence, in which two parties can share the blame for an accident or injury.

The party who is more than 50 percent at fault is considered to be liable; if you are less than 50 percent responsible, you can collect damages from the more responsible party. But there is one more stipulation: Any percentage of fault assigned to you will be deducted from your damages.

For instance, if you were 10 percent at fault, you would lose 10 percent of your final recovery.

For this reason, the vehicle driver’s insurance company often blames the biker, even if there is evidence the vehicle driver was at fault. They don’t have to prove you were solely to blame to save money—if they make a case that you were even 10 or 20 percent responsible, they can reduce the amount of your payout substantially.

If you don’t have an attorney, your own insurance company will negotiate with the vehicle driver’s insurer, and they may be inclined to agree that you had a percentage of fault less than 50 percent because they won’t have to pay anything—but you could lose some of your damages. If you were not at fault or had far less responsibility than the car driver’s insurance company claims, you might be losing money for no reason.

An experienced motorcycle accident attorney will work to show that you had no fault in the accident or that you had a very low percentage of responsibility to preserve your settlement.

What Are Some Common Causes of Motorcycle Crashes?

One of the most common scenarios we see is a vehicle pulling out or turning in front of a motorcycle whose rider has the right of way. Usually, this results in a T-bone crash where the bike hits the side of the vehicle, severely injuring the rider and causing minor body damage to the car. Overwhelmingly, drivers who pull out in front of bikes in this manner say they “didn’t see the motorcycle.”

The problem is that motorcycles are small and more challenging to see coming than a car. Even motorists who drive carefully and obey traffic laws can miss a bike when looking before a turn. The solution to reduce the risk of these dangerous crashes is twofold:

• Bikers should aim to be as visible as possible. Ride with your lights on or add reflective patches to your clothing.
• Vehicle drivers should “look twice and save a life” to avoid missing a motorcycle or other small vehicle the first time. It’s also a good idea to turn down the radio and open the window before turning so you can hear a bike coming even if you can’t see it.

Here are some other common causes of motorcycle crashes:

• Drinking and driving: Driving while impaired can certainly make it harder for a vehicle driver to spot a motorcycle. However, about 25 percent of motorcyclists in fatal crashes had high levels of alcohol impairment, too. Nearly 40 percent of bikers in single-vehicle crashes were impaired when the accident happened. If you’ve been drinking, it’s best to find an alternative to riding home—a rideshare, a lift from a friend, or spending the night where you are.
• Speeding: The NHTSA also reports that 31 percent of fatal motorcycle crashes involve a speeding bike rider, while only 18 percent of car drivers in fatal crashes are speeding. Simply put, speeding is generally risky, but it’s even more dangerous on a bike.
• Car doors: Unfortunately, we see a surprisingly high number of accidents that happen because a car rider parked on the street opens their door—just as a motorcycle zips by. Always look before popping open your door.
• Lane splitting: When stuck in traffic on your bike, it can be tempting to slide between the rows of cars to beat the crowd and get ahead. Unfortunately, this increases the risk of accidents because car drivers aren’t expecting someone to be riding in between the lanes. For this reason, lane splitting is illegal in Georgia, and we encourage you to be patient in a traffic jam. Remember, getting into an accident will only slow you down more.

Where Can You Find a Gwinnett County Motorcycle Accident Law Firm?

Please contact The CEO Lawyer Personal Injury Law Firm for a free consultation about your motorcycle accident. We’ll review the details, answer your questions, and explain your options for seeking compensation.

There is no obligation, and if we take your case, we won’t charge you anything until we win or settle it.

Attorney Ali Awad founded The CEO Lawyer Personal Injury Law Firm only a few short years ago and quickly turned it into one of the fastest-growing law firms in the country. He and his team have over 20 years of combined experience and have recovered millions of dollars for injured clients.

When he isn’t busy working on a case,  you can find Mr. Awad on social media posting about current legal topics. Call for legal assistance today at 833-254-2923.