Motorcycles often offer their riders freedom, fun, and excitement, but these benefits can come at a cost. Crashes involving motorcycles often result in severe—and sometimes fatal—injuries for the motorcyclist, especially if they are struck by another vehicle.
The main cause of motorcycle accidents with vehicles is the failure by drivers to see and avoid hitting riders, particularly at night and in heavy traffic. However, motorists are required to be aware of their surroundings while driving, so if they fail to do so and cause an accident, their behavior could constitute negligence.
If you are injured as a motorcyclist in an accident that someone else caused, consider speaking with a seasoned personal injury attorney about your case. A knowledgeable Marietta motorcycle accident lawyer could help you seek compensation for your losses – and the justice you deserve. En Español.
Top Causes of Motorcycle Accidents
Crashes between motorcycles and other vehicles can be caused by a number of unsafe motorist actions, including:
- Following too closely;
- Driving while impaired by alcohol or drugs;
- Performing an unsafe lane change;
- Failing to yield;
- Being distracted;
- Failing to obey traffic lights and signs.
However, the most common cause of accidents is the failure of a motorist to be aware of their surroundings, particularly since a motorcycle is smaller and much less visible than a car. This lack of awareness constitutes unsafe behavior on the part of the motorist, and a Marietta motorcycle accident attorney could help an injured biker establish it as grounds for a civil case based on negligence.
How Negligence Affects Marietta Motorcycle Accident Cases
Following a motorcycle accident, an experienced Marietta motorcycle accident lawyer could review the facts and evidence to determine who is liable. To bring a lawsuit for personal injuries against a defendant based on negligence, a plaintiff must prove four elements:
- The driver owed a duty of care to the plaintiff to drive safely;
- The driver breached their duty when they deviated from the standard of care;
- The driver’s breach caused the plaintiff’s injuries;
- The plaintiff suffered damages that are compensable monetarily.
Even if a motorcyclist was also partially at fault for the accident that caused their injuries, they can still recover damages if they were less than 50 percent responsible for the crash. However, the damages may be reduced proportionately based on the percentage of the plaintiff’s fault.
Potential Recoverable Damages
Since motorcycles offer less protection than cars, the injuries resulting from a crash can be significantly worse, ranging from more straightforward fractures to traumatic brain injuries that can have permanent consequences. When a plaintiff files a lawsuit, they can seek compensatory damages from the defendant to help make them “whole” again, or at least put them as close as possible to the position they were before the accident occurred.
There are two types of compensatory damages that a motorcycle accident victim may be able to recover: economic and noneconomic. The former type includes damages for medical bills, current and future, lost wages, and motorcycle repairs or replacement. The latter may cover pain and suffering, emotional distress, disfigurement, and loss of enjoyment of life.
Consult with a Marietta Motorcycle Accident Attorney
Recovering from a serious motorcycle accident can be a lengthy and sometimes lifelong process. An experienced Marietta motorcycle accident lawyer could help you best present your case, so you could recover the compensation you need to help you on the road to recovery. Call today to schedule a consultation and discuss your situation.