Just 35 miles from Atlanta, Acworth provides a beautiful lakeside setting that is enjoyed by many people, including motorcyclists. Unfortunately, motorcycle accidents are common not only in Acworth, but across Georgia, accounting for only 2% of the state’s traffic, but 11% of the state’s traffic-related fatalities.
If you have been injured in an Acworth personal injury lawyers that was caused by a negligent driver, the experienced legal team at John Foy & Associates doesn’t need to tell you how painful, impactful, and expensive injuries can be. What we can tell you, however, is that you can seek compensation for the expenses and impacts of your injury through Georgia’s personal injury claims process.
Seeking Compensation After an Acworth Motorcycle Accident
According to the Georgia Department of Driver Services (DDS), the state sees nearly 4,000 motorcycle crashes each year, with roughly 42 percent of these accidents occurring in the densely populated Atlanta metropolitan area, including Cobb County. While some of these accidents are caused by the motorcyclist, many others are the result of careless and reckless actions taken by other roadway users, such as the drivers of passenger cars.
If you were injured in an accident that resulted from the negligence of another roadway user, you can seek compensation for the expenses and impacts of your injury through Georgia’s personal injury claims process. This process generally involves initially submitting a claim to the at-fault driver’s liability insurance carrier as part of a demand package from your attorney, which also includes details of the accident and documentation of your expenses.
The insurer can either accept or reject the claim as submitted and can offer a settlement to resolve the claim. Your motorcycle accident attorney in Acworth may enter into negotiations with the insurer on your behalf in order to get them to make a better settlement offer. If an offer of fair compensation is not received, then you can file a personal injury lawsuit and seek the recovery of damages through the court system.
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Proving Liability in an Acworth Motorcycle Accident Claim
The most common cause of motorcycle accidents is the failure of other drivers to see and recognize the motorcycle on the roadway. Sometimes, this is a result of risky driving behaviors such as distracted driving or speeding. However, according to the American Psychological Association, inattentional blindness is also a common culprit when individuals look but fail to see a motorcycle that has pulled into their path.
Inattentional blindness is not a medical condition or risky behavior, but simply the manner in which the brain prioritizes the information in chaotic situations such as traffic. The brain will focus on the biggest hazards – such as large trucks – while not even acknowledging smaller hazards such as motorcycles. In spite of this being a natural brain response, the driver is still liable if they fail to yield the right-of-way to the motorcycle.
Liability in motorcycle accidents is proven by showing that the driver had a duty to take reasonable actions to protect the safety and property of others; the driver breached this duty by taking actions that were contrary to the care owed; and the breach resulted in a motorcycle accident which caused injuries to the rider or passenger.
The Type of Compensation You Can Seek Through a Motorcycle Accident Lawsuit
Georgia allows individuals who have been injured as a result of someone else’s negligence to seek compensation for both the expenses and impacts of their injury. In the legal arena, this is often expressed as “recovering economic and non-economic damages.” Examples of the type of compensation claimants can receive include:
- Past and future medical expenses related to the treatment of the injuries sustained in the motorcycle accident and associated complications
- Wage loss and loss of the ability to earn an income in the future as a result of permanent injuries
- Property damage sustained in the accident, such as damage to the claimant’s motorcycle and gear
- Physical pain and suffering, and emotional distress.
Difficulties Motorcyclists Experience in the Acworth Personal Injury Process
Motorcyclists are often at a disadvantage when it comes to seeking compensation through the personal injury process, not as a result of anything they have done, but simply due to the largely undeserved reputation that motorcycles and their riders have of being unsafe or thrill-seeking. This reputation can result in unfair judgments by insurance adjusters, medical professionals, and even some Acworth motorcycle accident attorneys.
It is important when an individual who has been injured in a motorcycle accident is looking for an attorney to hire, they find one who is experienced in this type of claim, not only because they will likely possess the compassion necessary to aggressively advocate for their client’s rights, but they also will be able to counter some of the other difficulties, such as insurance adjusters who want to shift liability off of their insured and onto the rider, and gathering the evidence and witness testimony necessary to prove the claim in court.
How Much does an Acworth Motorcycle Accident Lawyer Cost?
Many people hesitate to enlist the services of an experienced motorcycle accident lawyer in Acworth because they are afraid they won’t be able to afford the retainer or hourly fees. Actually, personal injury attorneys do not require retainers or bill by the hour. Instead, most of them provide services via a contingent fee agreement. which allows their clients to withhold payment until after the case is resolved, and then receive that payment as a percentage of the settlement or award.
The benefit of this billing method to our clients is that they can obtain legal counsel without an upfront investment.
We Can Help
Regardless of the reputation society has placed on motorcycles and their riders, they are legal users of the roadway. As such, riders who have been injured as a result of the negligence of another roadway user have the right to seek compensation for their injuries. Let an experienced Acworth motorcycle accident attorney from John Foy & Associates help.