Few accidents are more painful to observe—let alone to experience—than those involving motorcycles. Motorcycle accidents often cause serious injuries, property damage, and financial losses, all of which are problems that may require the services of a knowledgeable personal injury attorney to remedy. A DeKalb County motorcycle accident lawyer could provide counsel on what exactly is required to prove a case for damages resulting from a motorcycle crash.
Ordinary Negligence by Another Motorist
Motorcyclists share the same responsibilities on the road as operators of passenger vehicles, and failure to adhere to the rules of the road can be considered an act of ordinary negligence. Ordinary negligence in DeKalb County is defined under the Official Code of Georgia §51-1-2 as the absence of the “degree of care which is exercised by ordinarily prudent persons” in a particular situation.
As claims for injuries resulting from a motorcycle accident are a type of civil tort claim, plaintiffs must prove negligence based on a presentation of evidence. A DeKalb County motorcycle accident attorney who is familiar with the kinds of evidence needed to prove ordinary negligence could answer questions regarding the corroboration of such evidence.
Comparative Negligence in DeKalb County
In some motorcycle accident cases, it may be difficult to ascertain who was at fault for causing the collision. While a passenger vehicle may be to blame, the operator of the motorcycle themselves may be somewhat at fault as well.
Under O.C.G.A. §51-12-33, a motorcycle operator may still be able to recover financially even if they are partially at fault for an accident. Whatever percentage of fault a court determines a motorcyclist bears for causing their accident, it could reduce any potential damage award by that same degree.
In other words, if the motorcycle operator was 20 percent at fault for a collision while a passenger vehicle was 80 percent at fault, any damages awarded to the motorcycle operator could be reduced by 20 percent. A seasoned motorcycle accident lawyer in DeKalb County could provide further clarification about how this legal concept works and how it might apply to your case.
The Possible Impact of Income Received from a Damage Award
In cases where a motorcyclist suffers physical injury due to another’s driver’s actions, a trier of fact—typically a civil court judge—has broad discretion regarding what they may review before awarding financial compensation. In fact, under O.C.G.A. §51-12-1, a trier of fact may consider wage loss replacement, disability benefits, government assistance, and insurance payments as recoverable damages. Furthermore, the judge or jury deciding on the case is not necessarily constrained to reducing a potential award of recovery based on what the injured party has already received. Speak to an accomplished lawyer for more information about recovering damages.
Talk to a DeKalb County Motorcycle Accident Attorney
Suffering property damage and personal injury after a motorcycle accident could have a vast impact on your life, as well as those of your family members. On the road to recovery, the services of a skilled attorney could be helpful in identifying the elements needed to prove both liability for the collision and any resulting damages at trial. Get in touch with a DeKalb County motorcycle accident lawyer today to discuss how you could recover financially for any losses suffered as a direct result of a motorcycle crash.