Motorcycle riders have a particularly high risk of serious injury when they are involved in a motorcycle accident in Atlanta. Road rash and whiplash are often the mildest injuries riders can expect to experience in motorcycle crashes, and more severe impacts—especially those involving car accidents—may cause catastrophic injuries and life-altering losses.
If your motorcycle accident occurred because of a negligent driver, a personal injury attorney could bring an injury claim to pursue compensation from that reckless or careless individual for the injuries and losses you suffered. Working with an experienced Atlanta motorcycle accident lawyer at Atlanta Personal Injury Law Group is the best way to increase your odds of recovering compensation for legal damages after a crash.
Atlanta Personal Injury Group is dedicated to helping victims of negligent drivers receive compensation for their injuries. Our team can reduce your stress and provide financial relief by negotiating a fair settlement or filing a motorcycle accident lawsuit on your behalf.
When you read what our clients say about the services we provide, you'll understand the kind of results we obtain for our clients. An experienced Atlanta motorcycle accident attorney at our firm can provide a free consultation to help you determine your claim's value. There is no obligation to move forward, and we are happy to listen to your story and answer all of your questions about your case.
Atlanta Motorcycle Accident Guide
The High Number of Motorcycle Accidents in Georgia
Atlanta is like many other major cities in the United States. Traffic seems to never stop, and accidents happen frequently. Georgia is also host to one of the busiest interstates in the United States. In fact, Interstate 285 sees more accidents per mile than any other, making it the deadliest interstate in the country.
A National Highway Traffic Safety Administration (NHTSA) study reveals that motorcyclists made up 14 percent of all traffic-related fatalities in the state. That number is surprisingly disproportionate considering how few motorcyclists there are in Georgia compared to other motorists.
Why Atlanta Personal Injury Law Group Should Be Your Top Choice for an Atlanta Motorcycle Accident Attorney
If a negligent motor vehicle driver injured you while on your motorcycle, we understand what you are going through. Our founding partner, attorney Jennifer Gore-Cuthbert, was the victim of a serious car accident. After fighting with the other party's insurance company, she knows how hard it can be for accident victims to receive fair compensation.
Jennifer founded Atlanta Personal Injury Law Group to help victims just like you seek justice and recover the compensation you need. Our legal team can fight for your rights by using our years of experience and deep understanding of Georgia laws. We'll ensure you never have to face unsympathetic insurance companies while recovering from your accident. Let us help you plan your next legal steps in your motorcycle accident claim.
Do I Have Grounds for an Atlanta Motorcycle Accident Claim?
Negligence is the foundation for most personal injury claims, including motorcycle accident claims. It is a legal concept that refers to a person's failure to exercise reasonable care, resulting in harm or injury to another person. To have a successful motorcycle accident case based on negligence, the plaintiff (the injured party), or their motorcycle accident lawyer, must establish four essential elements:
- Duty of Care: The plaintiff must prove that the defendant (the party accused of negligence) owed them a legal duty of care. In the context of motorcycle accidents, all road users have a duty to operate their vehicles safely and follow traffic laws to avoid causing harm to others.
- Breach of Duty: The plaintiff must demonstrate that the defendant breached their duty of care by acting or failing to act in a manner that a reasonably prudent person would have under similar circumstances. Examples of breaching the duty of care in motorcycle accidents include speeding, running a red light, or driving under the influence of alcohol or drugs.
- Causation: The plaintiff must establish a causal link between the defendant's breach of duty and the resulting injuries or damages. In other words, the plaintiff must show that the defendant's negligent actions directly caused the motorcycle accident and the plaintiff's injuries. This can be proven through evidence such as police reports, witness statements, and expert testimony.
- Damages: Finally, the plaintiff must prove that they suffered actual damages or losses as a result of the defendant's negligence. Damages in motorcycle accident cases may include medical expenses, lost wages, property damage, pain and suffering, and other related costs.
If the plaintiff successfully establishes these four elements of negligence, they may be entitled to compensation for their injuries and losses. However, the specific outcome of a motorcycle accident case will depend on the unique facts and circumstances surrounding the incident, as well as the applicable state laws and the evidence presented in court.
It's important to note that in some cases, the concept of comparative negligence may apply, where the plaintiff's own negligence may reduce the amount of compensation they can recover. It's crucial to consult with an experienced personal injury attorney who can evaluate the specific details of a motorcycle accident case and provide guidance on the best course of action.
Do I Need a Lawyer for My Personal Injury Claim?
Motorcyclists can get into an accident in many ways. Although most crashes are the fault of negligent car and truck drivers, motorcyclists are usually hurt much worse. Because most riders suffer serious injuries or even fatal injuries, it's crucial to work with an Atlanta motorcycle accident lawyer who understands the complicated laws and procedures involved in motorcycle crash claims.
There is, unfortunately, a bias against motorcycle riders by many other drivers and insurance companies. They feel a motorcycle rider is assuming the risk by driving with limited protection from potential injury.
These drivers and companies often fail to understand motorcycle riders have the same legal rights on the road as any other driver. When a negligent at-fault driver ignores the law, you have the right to seek compensation for your injuries. When the at-fault driver's insurance company gets involved, seeking compensation for your injuries can be a struggle.
Insurance companies are like any other business. They exist to make money and turn a profit. They will fight in most circumstances to avoid paying a claim. They may try to shift the blame to you as the motorcycle rider for the accident. They will use the bias against motorcyclists as a tactic to deny or significantly reduce paying you what you deserve. An experienced motorcycle accident lawyer can see through these tactics and fight for fair compensation.
How Can an Atlanta Motorcycle Accident Attorney Help Me?
A motorcycle wreck can be very complicated. The driver who caused your accident is not likely to admit liability. Their insurance company may try to offer you a quick settlement for far less than what you rightfully deserve. A skilled personal injury attorney can help you navigate these legal waters.
We Can Investigate Your Case
A skilled motorcycle lawyer can conduct a thorough investigation of your case.
This investigation may include:
- Examining the accident scene
- Speaking to accident witnesses
- Investigating the other driver’s background, including traffic infraction patterns
- Securing traffic camera video footage
- Reviewing building security footage
- Gathering your medical records to prove your injuries to the opposing party’s insurance representatives
These and other steps serve to build a solid foundation for your case. When armed with this information, your lawyer may be able to negotiate a fair settlement from the person responsible.
We Can Negotiate a Motorcycle Accident Settlement
Many personal injury cases settle out of court. When negotiating a settlement, both sides often want to avoid the extra time and expense of a jury trial. Representatives for both sides will try to work out an agreement acceptable to all sides.
Your attorney can handle these negotiations, avoid the delay tactics, and work to secure a settlement that will compensate you for your injuries and your pain and suffering. If both sides cannot agree on terms, then you have the option of taking your case to trial.
Our Atlanta Motorcycle Accident Lawyers Can Take Your Lawsuit to Trial
What if your case goes to trial? In Georgia, most vehicles on the road are cars, trucks, vans, and sport utility vehicles (SUVs). Motorcycles make up only 2 percent of registered motor vehicles. There are even fewer in Fulton County. If your case goes to trial, seating sympathetic fellow motorcycle riders on a jury is slim without our lawyers carefully screening them. Otherwise, the jurors may bring the same anti-motorcycle bias against you during the trial.
Most jurors have never ridden a motorcycle in their lives, so they may find it difficult to understand the appeal of motorcycle riding. They may also assume all motorcycle riders are at fault before hearing the facts.
Skilled Atlanta motorcycle accident attorneys can help educate jurors and encourage them to review the facts. Our accident lawyers use their vast trial experience to accurately explain to the jury how your crash, like many motorcycle accidents, was caused by a negligent driver who did not respect your rights on the road.
How Much Will I Receive for My Motorcycle Accident Settlement?
While there are no guarantees of any settlement or verdict amount in a personal injury court case, successful settlements usually consist of economic and non-economic damages. These types of losses will vary depending on the rider involved, the type of injuries, and how well the rider is expected to recover.
Economic Damages
Motorcycle accident injuries are expensive. With serious injuries, you need to go to the hospital for immediate medical care. Your doctors need to thoroughly assess and treat your injuries. You may be prescribed medication to help you recover. You may also need to undergo surgery and then physical therapy as part of your recovery process. You can expect significant medical expenses after a motorcycle crash.
While all of this is happening, you may miss work, depending on your job responsibilities and your injuries. Missing work and lost income can take a financial toll. And if your injuries are severe enough, you may never be able to return to your job again.
All these financial losses are compensable as legal damages. The losses you can verify through documentation, receipts, and bills are called economic damages, and they include any direct cost to you that stems from your accident.
Non-Economic Damages
Non-economic damages are those you cannot attach a firm dollar value to because they are intangible and will vary tremendously from person to person. Traditionally, pain and suffering is the phrase most people think of when they hear about non-economic damages. Other types of non-economic damages can include the loss of life enjoyment, mental or emotional anguish, and damage to personal relationships.
If you have suffered physically, emotionally, and psychologically, you deserve financial compensation for your non-economic losses.
Common Causes of Atlanta Motorcycle Accidents
Most motorcycle accidents occur when another vehicle driver fails to yield the right-of-way to a motorcyclist.
Common causes of motorcycle accidents include:
- A careless driver who did not check for motorcycles before changing lanes.
- A motorist who saw the motorcycle but refused to grant the motorcycle driver the right of way.
- A negligent driver who was looking at their cell phone instead of paying attention to the road.
- A driver who neglects to check for motorcycles when backing out of a parking space.
Georgia passed a 2017 law forbidding drivers from using cell phones without hands-free features. They may not text or send emails while driving, as those activities force drivers to take their attention away from the road. Distracted driving is the cause of many collisions, not just motorcycle crashes.
Common Motorcycle Accident Injuries
Motorcycle accidents can result in serious physical injuries, including:
- Spinal cord injuries
- Neck injuries, including whiplash
- Traumatic brain injuries
- Fractures and broken bones
- Lacerations and cuts
- Bruising
- Road rash
- Degloving injuries
An injured motorcycle rider may also suffer from psychological trauma from the accident, including post-traumatic stress disorder. An experienced personal injury lawyer can review your Atlanta motorcycle accident case and ensure you recover compensation for all the damages you suffered.
How State Law Addresses Motorcyclists and Motorcycle Accidents
Just as many traffic laws apply to motor vehicle operators in Georgia, numerous safety regulations apply specifically to motorcycle riders. For example, Georgia prohibits motorcycle operators from sitting or carrying passengers anywhere except on a regular seat, and the law requires every motorcycle rider of any age in Georgia to wear protective headgear at all times while riding.
If another driver violates the duty of care they owe to other motorists sharing the road, a motorcyclist injured as a result could file suit against that driver. Additionally, any motorcyclist who failed to obey motorcycle laws themselves may have their available damages reduced even if they were not primarily at fault.
Under Georgia law, a civil court can reduce an injured plaintiff's recoverable compensation by whatever percentage of fault they bear for their own accident. Or, if the rider is 50 percent or more at fault, the law will bar them from recovery altogether. In addition to proving the other party's negligence in a case, a seasoned Atlanta motorcycle accident attorney could help a plaintiff contest allegations of comparative fault made against them.
Is It Dangerous to Ride Motorcycles in Atlanta?
According to several studies, Georgia and the city of Atlanta, in particular, rank very high in motorcycle accidents and fatalities. Below are two studies that reveal the relative danger of riding a motorcycle in or around Atlanta.
Allstate Insurance Study
Allstate Insurance released a study in one recent year ranking the largest United States cities for driver safety. Out of 200 cities, Atlanta ranked 186th. Allstate’s data further reveal these numbers are worse than the year before, showing the trend is getting worse.
Atlanta’s High Braking Events
Allstate's data shows that Atlanta drivers experience high-braking events more than most U.S. cities on average. As the name implies, cars brake suddenly when something unexpected happens. Atlanta drivers average 30 such events for every 1,000 miles they drive.
A high number of braking events can drastically affect motorcycles. If car drivers brake suddenly, motorcyclists might have to swerve to avoid a collision. In some cases, this sudden swerving can lead to the motorcycle losing control and injuring the driver.
How Long Do I Have to File a Lawsuit in Atlanta?
Beyond the modified comparative fault system in Georgia mentioned above, another legal roadblock that commonly hinders recovery following motorcycle accidents is the statute of limitations. Georgia’s statute gives most injured plaintiffs seeking compensation only two years after their accident to file suit.
If a prospective plaintiff fails to meet this statutory filing deadline, they cannot recover compensation for any of their injuries or losses, no matter how clear the defendant's fault may be.
When you work with our law firm, our qualified Atlanta motorcycle crash lawyers can determine what filing deadlines apply to your case and ensure your rights are protected by filing all court documents on time.
Speak With An Atlanta Motorcycle Accident Lawyer Today
Motorcycle accidents can be particularly devastating incidents when compared to other types of motor vehicle wrecks. In addition to severe injuries resulting in expensive medical bills and missed time off work, motorcycle crash victims often end up dealing with significant non-economic losses, including loss of consortium, loss of enjoyment of life, and various losses related to a permanent disability or disfigurement. If you attempt to resolve your motorcycle crash claim without professional legal guidance, you will face a significant—and unnecessary—disadvantage. Give yourself and your case a better chance of success by hiring an Atlanta personal injury lawyer at Atlanta Personal Injury Law Group. Call today to get started at (404) 609-1724 or contact us online for a free legal consultation.
We proudly serve the entire Atlanta area, including neighborhoods like Brookhaven, Druid Hills, Buckhead, Chastain Park, Garden Hills, Piedmont Heights, Midtown, Downtown Atlanta, Grove Park, Inman Park, South Atlanta, East Atlanta Village, West End, and Atlantic Station.