While motor vehicles have many safety features such as airbags, seat belts, and a metal design that helps protect the occupants inside from the impact of a crash, motorcyclists have no such protections. Therefore, if a motorcyclist gets into an accident, there is a strong possibility of serious injuries. If you or a loved one was hurt in a severe crash, learn more about your options for financial recovery today by consulting a Roswell motorcycle accident lawyer.
A dedicated injury attorney could help you pursue the compensation you deserve for your injuries by bringing a claim. Throughout the process, an attorney could advocate on your behalf.
How Fault for a Motorcycle Accident Is Determined
Motorcycle wrecks in Roswell could occur for many of the same reasons as regular auto accidents. Some common factors of motorcycle wrecks include distracted driving, driving under the influence, driver fatigue, speeding, and other traffic violations.
To collect compensation in a motorcycle accident injury claim, the injured party needs to prove that the other driver was negligent. Negligence refers to a person’s failure to exercise a reasonable level of care to prevent injury to someone else. A Roswell lawyer would need to establish the following elements of negligence to pursue a successful claim:
- The driver who caused the motorcyclist’s injuries had a duty of care or responsibility not to injure them and failed to fulfill that duty
- There is a direct connection between the other driver’s responsibility and the injury
- The motorcyclist suffered damages, or financial losses, as a direct result of the accident
Roswell Shared Fault Laws
Georgia law may reduce the total amount an injured motorcyclist would recover if they were partially to blame for the crash that caused their injuries. Known as the state’s contributory negligence law, Georgia Code §51-12-33 states that, when the plaintiff is partially at fault for their injury, the courts could determine the percentage of fault assigned to the plaintiff.
The court would then reduce the plaintiff’s damage award equivalent to their percentage of assigned fault. It is important to note that, under the modified comparative negligence rule, the plaintiff may only recover compensation if they are 49 percent or less responsible for their damages claimed. If the court finds that a plaintiff is 50 percent or more at fault, they may lose the right to any recovery.
Time Limits to File a Claim in Roswell
A time limit, or statutory deadline, applies to all injury-related cases in Roswell. O.C.G.A. § 9-3-33 provides individuals injured in motorcycle accidents two years from the date of the crash to file a lawsuit in court.
It is imperative to talk with an experienced attorney in Roswell as soon as possible after a motorcycle wreck to discuss the applicable statutory deadline. If a plaintiff tries to file their lawsuit after the close of the two-year window, the court may refuse to hear it, and the individual could lose their right to recover compensation for their injuries.
Reach Out to a Roswell Motorcycle Accident Attorney
Because motorcyclists are relatively vulnerable compared to other motorists, they may receive more serious injuries in an accident. A Roswell motorcycle accident lawyer could hold the other driver responsible for the crash and help you recover financial compensation for your medical bills, lost wages, pain and suffering, and other losses. Call today for a free consultation.