Anyone who has ever operated a motorcycle can appreciate how tremendous dangerous a motorcycle accident can be. Unprotected motorcyclists can suffer any number of severe and potentially permanent injuries when another motor vehicle collides with them. In many cases, a motorcyclist is lucky to survive such impacts. If you were involved in a motorcycle accident, you may need the services of a Sandy Springs motorcycle accident lawyer. Your injury, the loss of your bike, and any other loss you experience in the motorcycle accident may be compensable if you and your dedicated personal injury attorney could prove another party was at fault.
Deadline to File a Claim
Life can seem out of control after a motorcycle accident. Calls from the insurance company, body shop, and doctor’s office may have a cascading negative effect on an injured person’s normal routine.
While dealing with this kind of situation, it is important to remember that injured parties—and by association, any Sandy Springs motorcycle accident attorney they elect to retain—only have a limited amount of time in which to present a civil claim for damages. Under the Official Code of Georgia §9-3-33, a motorcyclist injured in an accident has only two years from the time of that accident to file a claim.
While it may be important to mitigate injuries and deal with the possible repair of the motorbike first, this deadline is often the difference between possible compensation for losses and no compensation at all. Barring very rare exceptions, claims filed after the two-year deadline would be barred by the court. An accomplished lawyer could help an injured individual file a claim within the statute of limitations.
Contributing to the Accident
Without the exterior of a passenger vehicle blocking their vision, motorcyclists typically have an unobstructed view of their surroundings. This may lead to actions which technically violate traffic laws but may seem innocuous to a biker.
However, if a biker becomes involved in a motorcycle accident shortly after violating a traffic law, that action could be considered contributory to the collision occurring. Fortunately, comparative negligence by the plaintiff in a motorcycle accident case may not completely prohibit financial compensation. According to O.C.G.A. §51-12-33 states, if a plaintiff contributed to an accident in which the plaintiff was injured, the plaintiff may still obtain compensation for their losses so long as they were not 50 percent or more responsible for the incident.
In such a scenario, both the liability of the at-fault driver and the plaintiff’s final damage award would be reduced by the percentage amount that the plaintiff contributed to the collision. So, if a judge ruled that a motorcyclist contributed 30 percent of the total fault for an accident occurring, the at-fault driver will only be held responsible for the claimed damages less 30 percent. Consult a motorcycle accident lawyer in Sandy Springs with questions about how Georgia’s comparative negligence rules may impact your case.
Speak With a Sandy Springs Motorcycle Accident Attorney
A Sandy Springs motorcycle accident lawyer could provide assistance with meeting the legal deadline to file a motorcycle accident claim and offer advice on how to assert your damages and mitigate any potential liability you bear for your crash. Call today to start exploring your legal options.