Georgia law makes it mandatory for riders and passengers to wear helmets without exception. Despite wearing a helmet, a rider may suffer catastrophic injuries if they are in a collision with another motorist. A Sandy Springs motorcycle accident injuries lawyer could help you determine whether you may have a valid claim for damages if you were hurt in a wreck.
A seasoned motorcycle accident attorney could gather the evidence needed to establish a strong case on your behalf. They could then fight vigilantly to recover compensation from party who negligently caused your injuries.
Causes of Motorcycle Wrecks in Sandy Springs
Distracted driving, texting while driving, alcohol-impaired driving, and drug-impaired driving frequently result in serious motorcycle crashes. Noncompliance with traffic signals, improper lane changes, following too closely, speeding, and failing to yield when necessary are also reasons why motorcycle accidents happen.
The injuries a rider may sustain in the event of a crash can range from mild to fatal. Below are common injuries:
- Spinal Cord Injuries;
- Traumatic Brain Injuries (TBIs);
- Road rash; and
- Broken bones.
Scarring, disfigurement, and paralysis are also common. When these injuries result in temporary or permanent disabilities, the financial strain could be devastating.
A Sandy Springs motorcycle wreck injuries attorney could pursue the full and fair financial recovery needed to compensate for any applicable losses. Compensatory damages could include the costs associated with the injured party’s medical bills, lost wages, future lost earnings, diminished quality of life, loss of spousal companionship, and pain and suffering.
Deadline to File a Motorcycle Accident Lawsuit
Injured individuals have just two years from the date of the accident to file a civil lawsuit claiming damages, pursuant to Official Code of Georgia Annotated §9-3-33. It is absolutely vital that a qualified attorney be consulted well in advance of the statutory deadline. If the injured party tries to bring a lawsuit after two years, they could be barred from financial recovery.
Shared Liability Rules
Sometimes, liability may be shared between the claimant and the defendant. In cases involving shared liability, Georgia courts generally abide by the modified comparative fault doctrine. Under O.C.G.A. § 51-12-33, a claimant may bear some fault for the accident and still be entitled to recover compensation. However, their total damages would be decreased equivalent to their percentage of liability.
This rule only applies if the plaintiff’s apportionment of fault is 49 percent or less. If the court finds that their fault is equal to or higher than 50 percent, they could be entirely precluded from seeking compensation.
Seek the Advice of a Sandy Springs Motorcycle Accident Injuries Attorney
It may be in your best interest to seek the advice of a Sandy Springs motorcycle accident injuries lawyer if you believe your damages were caused by someone’s negligence. An attorney could review your case and advise whether you may have a viable claim.
A skilled lawyer could negotiate for a fair settlement with the at-fault party’s insurance company. If it is impossible to settle the case, an attorney could file a civil lawsuit for a judge or jury to rule on. If you are ready to start your case, call today for a consultation.