Countless motorcyclists enjoy the freedom to ride their bikes on Interstate 85 or the nearby back roads. While motorcycles offer this freedom, they also come with the risk of serious injury. Due to the lack of protection these vehicles offer, a motorcycle crash could lead injuries far worse than the average car crash.
Motorcycle wrecks occur for a variety of reasons. Some crashes happen when the rider is careless or reckless. In other cases, extreme weather could be responsible. If another motorist causes a motorcycle crash due to their negligence, that could present grounds for a civil lawsuit.
If you suffered an injury in a motorcycle crash, it might benefit you to discuss your options with a dedicated personal injury attorney. After carefully reviewing your case, a skilled Suwanee motorcycle accident lawyer could walk you through the claims process step by step.
Sharing Fault in a Motorcycle Crash
Bike accidents commonly occur when motorists fail to notice a rider in a nearby lane. These motorists are not always to blame for a crash. In some cases, both the biker and the motorist could be partially to blame.
A motorcyclist could share in the fault of an accident in a variety of ways. For example, a rider that is speeding might be partially to blame if a motorist strikes them when changing lanes without signaling.
State law does not bar a motorcyclist from recover damages outright if they share in the fault of the accident. However, O.C.G.A. Section 51-12-33 does not allow a plaintiff to recover monetary compensation if they are 50 percent or more responsible for the accident.
While this statute allows a rider to recover compensation if they are less than 50 percent at fault, that does not mean they will recover the full amount of their damages. By law, the jury must reduce the plaintiff’s damage award in proportion to their degree of fault. For example, a motorcyclist that is 20 percent at fault would recover no more than 80 percent of the damages they prove at trial.
In these cases, it is vital for a plaintiff to not only show the other driver was at fault, but also demonstrate that they were primarily responsible for the crash. A Suwanee attorney could assist with establishing liability in a car accident claim.
Time Limit to File a Lawsuit
Regardless of whether a rider was faultless in an accident or shared some of the blame, they have limited time to file a lawsuit. Every jurisdiction has a deadline to filing a lawsuit known as the statute of limitations, and Suwanee is no different.
In Suwanee, a rider must file a lawsuit within two years of the accident. Should they fail to do so, the court has the right to dismiss the claim forever. A seasoned Suwanee attorney could help a rider with a motorcycle accident claim file their lawsuit before the deadline expires.
Work with a Suwanee Motorcycle Accident Attorney
From determining the at-fault party to ensuring the statute of limitations is complied with, your attorney could have a major impact on your injury claim. Their experience and skill could improve your chances of financial recovery in many cases.
If you are ready to pursue your motorcycle accident injury claim, there is no reason to delay. Schedule a consultation with a Suwanee motorcycle accident lawyer as soon as possible.