Motorcycle wrecks are likely to cause debilitating and even fatal injuries for the rider. Motorcyclists who survive their injuries could be left with long-term disabilities as well as significant pain and suffering. When a careless or reckless motorist fails to drive with reasonable care, they may be liable for any losses a biker suffers in a subsequent accident.
A diligent and well-practiced personal injury attorney from our firm could safeguard your interests and fight to uphold your legal rights in a civil claim for compensatory damages. One of our lawyers would be familiar with obtaining compensation to offset Johns Creek motorcycle accident injuries and could provide legal advice and guidance after a serious wreck.
Common Fact Patterns
There are many instances where a driver’s negligence can lead to a horrific motorcycle crash. For example, motorcycle collisions are frequently caused by motor vehicle operators who:
- Drive while under the influence of drugs or alcohol;
- Ignore the right of way;
- Text while driving;
- Neglect to check blind spots;
- Make improper lane changes; and
- Fail to comply with traffic signs and signals.
Sometimes, defective motorcycle equipment can lead to a serious crash. An attorney in Johns Creek could pursue responsible parties such as another motorist, the motorcycle’s manufacturer, and a government entity if poor road conditions contributed to the collision.
Motorcycle Collision Damages
The personal, emotional, and financial damages that come with motorcycle collision injuries in Johns Creek can be severe and long-lasting. Fortunately, an injured motorcyclist may be entitled to numerous forms of compensation, such as:
- Lost wages;
- Diminished earning capacity;
- Ambulance bills;
- Hospital expenses;
- Surgical costs;
- Rehabilitation expenses; and
- Prescription costs.
Injured bikers could also obtain financial recovery for their non-economic losses like mental anguish, pain and suffering, emotional distress, and permanent disfigurement and scarring. Additionally, punitive damages could be awarded to punish the at-fault party or parties for especially egregious or wanton misconduct.
Deadline to File a Civil Claim
If an injured motorcyclist wishes to file a civil claim to recover their damages, Official Code of Georgia Annotated §9-3-33 gives them only two years to do so. The two-year filing deadline for claims in Johns Creek begins on the date the motorcycle accident injuries occur. This time-frame may only be extended in certain circumstances, so it is vital to contact an attorney as soon as possible to discuss getting a claim started.
To claim damages in a civil lawsuit in Johns Creek, an injured motorcyclist must be able to show that the at-fault driver was negligent at the time of the accident. One of our lawyers could help a claimant establish that the responsible motorist owed them a duty to drive reasonably safe and avoid accidents as much as possible. The plaintiff would also need to prove that the defendant breached their duty of care and directly caused their damages as a result.
In certain cases, both the injured party and the at-fault driver may be partially liable for a motorcycle wreck injury. O.C.G.A. §51-12-33 says that in order for a victim to be entitled to compensation, their percentage of liability cannot exceed 49. The law requires the courts to reduce a plaintiff’s damages in proportion to their assigned percentage of liability. Moreover, if the motorcyclist is more than 49 percent liable for their own injuries, they would be barred from recovering any damages whatsoever.
Let an Attorney Help You Obtain Compensation for Johns Creek Motorcycle Accident Injuries
An attorney from our firm could help you file a claim for damages against the at-fault party or parties and seek compensation to offset your injuries. A Johns Creek motorcycle accident lawyer could handle all communications with the opposing party’s insurance company and fight for maximum financial recovery on your behalf. Schedule your confidential case consultation by reaching out to our firm today.