For motorcyclists, disaster can strike when you least expect it. Imagine cruising through the countryside on a sunny afternoon when a distracted driver suddenly changes lanes — without signaling — and collides right into your motorcycle.
Alternatively, imagine you’re riding your motorcycle to work. While stopped at a red light, a speeding car rear-ends your motorcycle, and you sustain injuries to your back and neck.
Not only are you unsure of how you’ll pay for your medical care and property damage, but you’ll also not be able to work for at least a few weeks while you recover.
Luckily, you can file a motorcycle accident claim in either situation to secure compensation for your damages. Georgia’s legal system governs the complicated scope of traffic laws and insurance claims, but an experienced attorney can use Smyrna’s local laws, legal codes, and regulations to help you build the strongest claim possible.
In this way, working with an attorney can often make all the difference on your road to recovery.
If you’ve been involved in a motorcycle accident, don’t hesitate to contact our team today. We can kick things off with a free, no-obligation case review at the CEO Lawyer Personal Injury Law Firm.
We can review your situation’s details to establish the best path forward. Call (470) 323-8779 or contact us online to speak with a team member and learn how we can help you keep your motorcycle accident claims process as streamlined, organized, and painless as possible.
Why Should I Work With a Smyrna Motorcycle Accident Attorney?
Each year in Georgia, dozens of motorcyclists are killed in traffic accidents. In fact, for the last several years, the state has seen motorcyclist fatalities steadily rise.
In 2019 alone, roughly 4,269 motorcyclists were involved in crashes. So, while a motorcycle accident can feel like a rare, isolating instance, know that you’re not alone.
Of course, Smyrna itself also sees its share of motorcycle accidents. These incidents typically occur due to various factors, such as reckless (or distracted) driving, adverse weather conditions, and gross negligence by other motorists.
Moreover, when a motorcycle accident does occur, the consequences can be severe. Motorcyclists are more vulnerable than occupants of enclosed vehicles, and their injuries can range from major abrasions and broken bones to traumatic head injuries and spinal damage.
Plus, besides the physical toll, motorcycle accidents can also come with significant property damage, which will often leave those involved in a difficult situation. Luckily, insurance companies can play a critical role after a motorcycle accident.
That said, while it’s mandatory in Georgia to have liability insurance, remember that insurance companies are ultimately profit-driven entities. At times, they may refrain from offering you the full compensation you deserve — but this is where an attorney’s legal knowledge and experience can make a substantial difference.
A skilled attorney can negotiate with the insurance company and use their in-depth knowledge of Georgia’s legal codes and regulations to help you build a strong case. They can also gather evidence, consult accident reconstruction experts, and help you present a more compelling claim.
They can even push for a settlement that better reflects the true extent of your losses, including all future projected costs, helping you calculate a more comprehensive list of your total damages.
The Legal Framework for Motorcycle Accidents in Smyrna, Georgia
While your attorney will serve as your legal ally in the search for the exact laws, legal codes, and local regulations that govern your particular situation, there’s no harm in familiarizing yourself with some of Georgia’s most important legal touchstones for motorcycle accidents.
For example, one of the core legal references for motorcycle accidents can be found in Georgia Code Title 40, Chapter 6. This chapter outlines the ‘uniform rules of the road,’ including critical concepts and markers like right-of-way rules, speed limits, and traffic signals.
This legal framework is especially important because, sometimes, something as simple as understanding the correct right-of-way rules can be all you need to determine liability in a motorcycle accident.
Another key code is O.C.G.A. § 40-6-311, specifically addressing the helmet requirements for motorcyclists in Georgia. The statute outlines the circumstances when wearing a helmet is mandatory and when it’s optional (for adult riders).
Knowing these requirements will keep you safer on the road and ensure that you comply with the law in the event of an accident.
Next, to legally operate a motorcycle in Georgia, riders must adhere to the regulations outlined in O.C.G.A § 40-5-123. This statute defines the core licensing and registration requirements for all motorcycle owners in the state.
Again, complying with these regulations is not just a legal obligation but also the only way to ensure that your motorcycle is properly documented (which will reduce potential legal issues down the line).
Finally, remember that Georgia operates under the doctrine of comparative fault, outlined in O.C.G.A. § 51-12-33. This legal principle ultimately allows for a ‘portion’ of fault to be assigned to each party in situations where multiple parties share responsibility for an accident.
In the context of motorcycle accidents, it’s important to understand how this concept may affect your case to understand how your compensation may be impacted.
The Legal Process for Motorcycle Accident Claims
After most motorcycle accidents, you’ll need to pursue a claim. Here, we’ll break down what that journey looks like, step by step.
Reporting the Accident to Police
Always call 911 at the scene of an accident and request a police response. They will come and create a report based on their initial findings at the scene.
A police report is an absolutely critical component of any injury claim; insurers won’t recognize a claim without one. If you didn’t call 911 at the scene, or the police indicated they could not come out, you should file a report online as soon as possible to the date of the collision.
Seeking Prompt Medical Attention
In addition to a police report, documentation showing proof of a medical exam and its findings is also essential to any injury claim. To ensure that your injury is connected to the date of the accident — and that you are able to begin healing as soon as possible — always seek a medical evaluation as soon as possible after the collision.
If you were severely hurt at the scene, it’s best to request an ambulance during your 911 call. If you did not receive emergency care the day of, you should always go to a medical services provider ASAP.
You may be able to receive care without paying upfront at some providers, especially if your care costs could be reimbursed through a motorcycle accident insurance claim.
Reporting Notice of the Incident to the Relevant Insurance Companies
You should report the motorcycle accident to all relevant insurance companies involved. This typically includes notifying your insurance provider and the at-fault party’s insurer.
Remember that prompt reporting is important, as it initiates the claims process and ensures that you meet the necessary deadlines for seeking compensation.
You’ll need to provide the insurance company with basic information about your accident. Note that you do not need to provide specifics at this time: the full extent of your injuries and where fault lies in the accident are to be decided at this stage.
Avoid making concrete statements about either, and simply note that investigations into fault and the nature of your injuries are ongoing.
Both Parties Engage in an Investigation
In order to file a claim properly, you and your attorney will first need to fully investigate what happened. Key investigation items include:
- Evidence from the accident scene, including all tire marks, debris, signs of the wreck, etc. Accident reconstructionists can use this information to accurately estimate things like the direction of vehicles, their approximate velocity, who braked when etc
- Medical documentation showing the extent of injuries and connecting them to trauma from the accident
- Documentation of the injury victim’s pain and suffering, including evidence of loss of ability to enjoy life or participate in former activities
- Proof of earnings before vs. after the accident, highlighting the lost wages and damages inflicted
- Any eyewitness statements available, as well as possible input from subject matter expert witnesses
- The police report, which may be corrected for erroneous findings
- Any images and video available from a possible dashcam, security cam, cell phone, etc
The insurance company will also investigate your claim, assess liability, and make a determination regarding compensation. This process may involve negotiations with the insurance adjustor as you try to reach a settlement.
Demand for Damages
After calculating damages, including projected future costs, the motorcycle accident attorney will file a “demand letter” along with the remaining claim information. The insurance company can respond to this demand for benefits with a full acceptance, a counter-offer, a request for more information, or a denial of the claim.
Denials and other decisions can be appealed through the insurer’s formal dispute process. You may also be able to enter into informal negotiations in order to reach a settlement offer that reasonably compensates you for damages suffered.
Filing a Personal Injury Lawsuit
If you cannot reach a reasonable settlement with the insurance company or the at-fault party disputes liability, you may need to file a personal injury lawsuit.
To initiate this action, the injured party or their attorney must file a complaint that outlines all of the details of your accident, as well as the extent of your injuries and any damages you’ve incurred. The defendant, typically the at-fault party or their insurance company, will then be served with the lawsuit.
Gathering Evidence
Once the lawsuit is filed, both sides will enter the ‘discovery phase,’ where both parties will exchange any information and evidence related to the case. This typically includes medical records, accident reports, witness statements, and other relevant documentation.
Negotiation and Settlement Attempts
In many motorcycle accident cases, a resolution is secured through negotiation and settlement discussions, so your case is statistically unlikely to go to trial.
To achieve a pre-trial settlement, your attorney will negotiate with the opposing party to reach a fair settlement. At the end of the day, the strength of your case, the evidence gathered, and the parties involved will all play a role in determining how these negotiations unfold.
Going to Trial
If a settlement cannot be reached — or if the opposing party is unwilling to offer fair compensation — the case may proceed to a jury trial. During the trial, both sides will present their arguments, and any witnesses involved must testify.
From there, the court will also review the evidence gathered, and ultimately, the judge or jury will come to a conclusion to determine who was liable for the accident and how much compensation each party is owed.
While it’s rare that your case will need to go to trial, you will want to have an attorney by your side if it does. Their experience in juries means they’ll be well-equipped to present your case as clearly and confidently as possible.
On top of that, they’ll also be able to ensure that your rights are protected during the trial and that you are able to use any and all legal codes, regulations, and resources to your advantage.
Contact a Smyrna Motorcycle Accident Law Firm
If you’ve been involved in a motorcycle accident, make sure to call our team as soon as possible. At the CEO Lawyer Personal Injury Law Firm, we can meet with you and your family to go over your accident details, determine whether you need to file a claim, and how you can maximize your chances of successful damage recovery.
We’ll kick things off with a free, no-obligation case review. New clients can call (470) 323-8779 or contact us online to speak with a member of our team today.
