Motorcycles offer a unique blend of enjoyment and practicality as a mode of transportation. However, the risks associated with motorcycle riding are evident, with the Insurance Institute for Highway Safety reporting 6,084 motorcyclist fatalities in crashes during 2021.
Victims of motorcycle accidents caused by another party may seek recourse through legal means, potentially pursuing damages from the at-fault driver. In Marietta, motorcycle accident attorneys specialize in assisting victims in navigating the complexities of personal injury claims.
These seasoned professionals advocate for their clients’ rights, seeking compensation for a range of losses, including injuries, lost wages, pain and suffering, and property damages. Consulting with an experienced motorcycle accident lawyer is crucial for individuals seeking to understand their legal options and pursue fair compensation for the hardships endured as a result of a motorcycle accident.
The Most Common Type of Collision Between Cars and Motorcycles Marietta Motorcycle Accident Attorneys Handle
Intersections often serve as the stage for the most common accidents between cars and motorcycles, especially when vehicles make left turns across the path of an oncoming motorcycle. Despite motorcyclists’ efforts to evade collisions by swerving, such maneuvers can inadvertently exacerbate the risk of further accidents or hazards.
Compounding the danger is the inherent difficulty in spotting motorcycles amidst other traffic, as their smaller size renders them less conspicuous to drivers, particularly in busy intersections. Regrettably, the heightened risk posed by these conditions means that drivers may only become aware of motorcycles at the last moment, leading to potentially catastrophic collisions with grave consequences for motorcyclists involved.
How Can I Prevent a Motorcycle Accident at Intersections?
Motorcyclists must remain vigilant and exercise heightened caution when approaching intersections to mitigate the risk of collisions. Recognizing their vulnerability on the road, motorcyclists often adopt a proactive stance in accident prevention, employing defensive driving techniques and maintaining a heightened awareness of their surroundings.
Here are some safety tips to consider while riding a motorcycle:
- Lower your speed while maintaining pace with traffic to reduce your stopping distance.
- Stay vigilant of vehicles waiting to turn left or make U-turns.
- Plan ahead by identifying escape routes to quickly evade potential hazards.
- Aim to exit intersections promptly to minimize exposure to oncoming traffic.
- Enhance your visibility by wearing bright colors and utilizing high beams during daylight hours.
How Much Can You Sue for a Motorcycle Accident?
The nature of the accident, who was at fault, and the severity of your injuries will determine the amount you can sue for after a motorcycle accident. If the accident was caused by someone else, you can seek compensation for damages you received as a direct result of the crash.
The most considerable amount typically comes from compensation for medical expenses since injuries to motorcyclists are usually severe. How much you can receive depends on the following factors:
- Medical Expenses
- Lost Wages
- Estimated Loss of Future Earnings
- Rehabilitation Costs
- Pain and Suffering
- Property Damage
Medical Expenses
Victims of accidents can expect to receive comprehensive compensation that encompasses not only accumulated medical bills but also future medical expenses stemming from accident-related injuries. This reimbursement extends to cover the cost of prescribed medications necessitated by the accident, ensuring that victims have access to the necessary treatment without bearing undue financial burden.
Furthermore, long-term medication costs directly attributable to the accident are factored into the compensation, providing reassurance and financial support to individuals as they navigate the road to recovery.
Lost Wages
The period of incapacitation during recovery from injuries sustained in accidents often translates to a loss of regular income for victims. While sick time or disability benefits may offer some relief, they typically provide only partial compensation, often at reduced rates, and may not cover the entirety of the recovery period.
Compensation for financial losses incurred as a result of lost wages and potential unemployment becomes imperative in ensuring the economic stability and well-being of accident victims during their recovery process.
Estimated Loss of Future Earnings
If you have to return to work at a reduced capacity due to your injuries caused by the accident, you can claim your loss of potential future earnings.
Rehabilitation Costs
When individuals are forced to return to work at a reduced capacity because of injuries sustained in an accident, they may be entitled to claim compensation for their loss of potential future earnings.
Pain and Suffering
Also known as non-economic damages, all pain and emotional distress resulting from an accident will be assigned a monetary value for your compensation. For example, common injuries such as road rash and burns not only inflict severe physical pain but also leave lasting marks that impact the individual’s self-esteem and overall quality of life.
Property Damage
Any possessions damaged during the accident will be thoroughly assessed, with the cost of repair, replacement, or any reduction in value being included in your compensation claim.
How Long Do I Have to File for Compensation After a Motorcycle Accident in Marietta?
According to Georgia Code 9-3-33, the statute of limitations for filing a personal injury lawsuit is two years. Although the resolution of the case may extend beyond this period, it is crucial that the lawsuit be officially filed within the two-year timeframe to preserve the right to pursue compensation.
This legal requirement ensures that injured parties take timely action to secure the financial relief they deserve for their injuries and associated losses.
What Can I Do if My Family Member Was Killed in a Motorcycle Wreck?
In the unfortunate event of a fatality resulting from a motorcycle accident, family members or representatives retain the right to file a wrongful death lawsuit. The wrongful death claim must be initiated within two years of the victim’s passing, which may not align precisely with the date of the accident.
Additionally, in cases where a criminal trial is underway, the two-year statute of limitations may be temporarily suspended until the trial concludes. However, this pause cannot extend beyond six years from the date of the accident, ensuring that legal proceedings remain timely and victims’ families have the opportunity to seek recourse within a reasonable timeframe.
What Is a Wrongful Death Motorcycle Accident Claim?
Wrongful death tragically ensues when a victim – had they survived – could have pursued compensation for damages incurred in the accident. In such cases, a wrongful death lawsuit can be filed against the negligent or intentionally responsible party for causing the fatal crash.
This legal recourse seeks to hold accountable those whose actions led to the untimely death of another individual. When it can be established that the victim would have been entitled to file a personal injury lawsuit had they lived, the justification for a wrongful death claim becomes evident, ensuring that justice is sought and accountability upheld even in the wake of devastating loss.
Who Can File a Wrongful Death Lawsuit?
Compensation in a wrongful death lawsuit is typically pursued by the deceased’s family members on behalf of the victim. In cases where the deceased had a spouse or children, they hold the primary right to file the claim and seek compensation for the loss.
If there are no surviving spouses or children, the parents of the deceased may step forward to file the claim and pursue damages. In the absence of a surviving spouse, children, or parents, a representative of the victim’s estate may take legal action, with any proceeds obtained from the lawsuit intended for the benefit of the deceased’s estate and next of kin.
When Does a Wrongful Death Claim Have to Be Filed?
The statute of limitations serves as a legal constraint, delineating the timeframe within which individuals must file a claim, including wrongful death lawsuits. In Georgia, the statute of limitations for initiating a wrongful death lawsuit is fixed at two years from the date of the victim’s death.
Once this two-year period elapses, the opportunity to pursue legal action ceases, and a case can no longer be filed. Given the necessary preparation and diligence required in assembling a claim or lawsuit, it is imperative to factor in this timeframe when contemplating legal recourse.
What Types of Damages Can Be Claimed in a Wrongful Death Case?
In a wrongful death lawsuit involving a deceased motorcyclist, the family of the deceased serves as the plaintiff, representing the interests of the victim and seeking justice on their behalf. If the lawsuit proves successful, the court may issue an order directing the defendant, typically the party deemed responsible for the fatal accident, to compensate the plaintiff for the damages claimed.
The assessment of the potential damages award considers the following elements:
Funeral Costs
The average cost for a funeral in Georgia, as reported by Lincoln Heritage Funeral Advantage, stands at $4,200. However, it’s important to note that funeral expenses can vary significantly based on factors such as the city of residence, selected services, and the chosen funeral home or service provider.
Transportation of the Deceased
Numerous motorcyclists embark on journeys far from their hometowns. The expenses associated with transportation can fluctuate significantly, depending on the following factors:
Distance They Must Travel
Motorcycle riders’ journeys vary widely, from local commutes to epic road trips, including vacations to distant destinations. However, accidents can occur regardless of the distance traveled, even during vacations on rented motorcycles in faraway places.
In the unfortunate event of a fatal accident, families may face the additional challenge of transporting the deceased’s body back home for funeral arrangements. According to Funeral Wise, the average cost to ship a body by land within the United States ranges from $1 to $4 per mile.
Fees for Shipping Arrangements
Funeral homes usually manage the shipping and receiving arrangements for the family, but this service comes with a fee. The cost for these arrangements can vary, starting at $500 and potentially exceeding $5000 or more.
Method of Transportation
Air travel is the most practical and fastest way to bring someone home from overseas in the event of a motorcycle accident. While air travel is more expensive than ground transportation, it is often necessary for international repatriation.
The cost of an international flight for human remains can exceed $10,000.
Weight of the Deceased
In addition to transportation costs, there is an expense for the container in which the body will be transported. Larger individuals may require a more sizable container, which can result in a higher fee for transportation.
Burial or cremation costs.
Direct burials without additional funeral costs typically range from $2,250 to $4,500. Cremation costs range from $800 to $3,750.
The cost for each method can vary based on location and the type of coffin or urn chosen.
Medical bills incurred by the deceased
Motorcycle accidents can indeed be horrific, but advancements in safety gear and rider skills have increased the likelihood of survival for many motorcyclists involved in crashes. However, despite these improvements, some riders still tragically succumb to their injuries and pass away in the hospital.
Any medical treatment received before their death, including transportation to the hospital, will typically be charged to their estate. While families are not directly responsible for paying these expenses, the reality is that medical bills can be exorbitant, potentially consuming a significant portion, if not all, of the deceased’s estate.
Lost earnings the victim would have generated if alive.
Claims for damages in motorcycle accident cases typically include the income the deceased would have earned if the accident had not occurred. This amount is crucial for families who relied on the victim as the primary income source.
Marietta motorcycle accident lawyers collaborate with economists to determine a fair and accurate income loss amount.
Pain and suffering experienced by the deceased
Families can receive financial compensation for the pain the victim experienced from the accident until death. Some motorcycle accident fatalities occur instantly, while others involve prolonged suffering from injuries before death.
Fair compensation for non-economic damages
Family members are entitled to compensation for the loss of their loved one in a wrongful death case. Non-economic damages encompass the intangible losses resulting from the individual’s death.
For example, a child losing a parent also loses guidance, counseling, and comfort, while a spouse loses companionship, support, and consortium. Family members experience emotional suffering and the loss of future memories, impacting them for the rest of their lives.
Call For a Free Consultation With a Marietta Motorcycle Accident Law Firm
The attorneys at The CEO Lawyer Personal Injury Law Firm possess extensive knowledge about the unique challenges involved in recovering from a motorcycle accident. Injured individuals are encouraged to call (470) 323-8779 for a free consultation to discuss their case and explore their legal options.
For those who have tragically lost a loved one in a motorcycle accident, the firm extends heartfelt condolences and offers dedicated assistance. Committed to securing the best possible outcomes, our firm handles each case with the utmost care and expertise, ensuring that families receive the support and compensation they deserve during such difficult times.
