Motorcycle crashes could result in severe and sometimes fatal injuries. A severe accident could cause severe physical, emotional, and financial hardships to the injured party and their family. Fortunately, a Marietta motorcycle accident lawyer could help take care of your legal recovery so that you do not have to. A skilled personal injury attorney could help you hold the negligent party accountable for their actions as well as help you seek compensation for damages. Reach out to discuss your rights and legal options for recovery.
Seeking relief through insurance is one of the first steps someone might take after suffering through a motorcycle accident. Insurance policies could cover monetary damages such as medical expenses or out-of-pocket expenses related to the accident. Georgia follows the fault system for auto insurance, which gives claimants three options for recovery.
Under the first option, claimants might seek relief by filing a claim under their own policy. In that instance, their insurance company would likely file a subrogation claim against the at-fault driver’s insurance. Option two allows claimants to file a claim directly against the at-fault driver’s insurance carrier. If the at-fault driver is underinsured or uninsured, the claimant might need to file a claim with their own insurance under option one.
Option three allows injured claimants to file a lawsuit against the at-fault driver. In no-fault states, claimants have to meet a serious injury or monetary loss threshold in order to be able to file a lawsuit. But in Georgia, under the fault system, claimants are not required to meet any threshold to file a case, as long as it is not frivolous. An experienced motorcycle collision lawyer in Marietta could help inform claimants about their options related to insurance coverage and filing a potential lawsuit.
There are a few challenges that might preclude plaintiffs from being able to recover damages in court. First would be the statute of limitations. If a case is filed past the deadline, meaning the statute of limitations has run, the plaintiff loses the right to sue in court. Lawsuits must be filed within two years of the accident.
Second, the doctrine of comparative fault could reduce or altogether bar a plaintiff’s ability to recover damages. Georgia follows the 50 percent bar rule, codified under Georgia Code §51-12-33. Under the rule, if the plaintiff is found 50 percent or more at fault, they are precluded from recovering any damages. However, if they are found less than 50 percent at fault, a Marietta motorcycle accident attorney may seek damages on behalf of their client, reduced by their amount of fault.
Motorcycle accidents could cause long-term and even permanent damages. In addition to the physical and emotional hardships a motorbike collision could cause, the financial toll could also be burdensome. Fighting for legal recovery is yet another uphill battle to fight.
A Marietta motorcycle accident lawyer could stand by you as your ally and help you hold those that caused your pain and suffering responsible. Call today to get started on your case.