When you’re on a motorcycle, it’s just you and the road. That’s the allure of the ride. Unfortunately, it’s also the reason why motorcycle accidents have a greater chance of injury. To complicate matters, insurance companies tend to blame the biker.
An experienced Atlanta motorcycle accident lawyer can help counteract this bias and ensure you receive the compensation you need.
A qualified and experienced personal injury lawyer in Atlanta from John Foy & Associates will fight for your right to recover damages. With over 350 years of combined experience and more than $1 billion recovered for our clients, we are ready to help you.
When to Contact an Atlanta Motorcycle Accident Lawyer
If you’ve been involved in a motorcycle collision, it’s crucial to consult an experienced motorcycle accident lawyer as soon as possible.
Motorcycle accidents often result in severe injuries and complicated claims, making legal guidance essential to protect your rights and secure your much-deserved compensation.
Here are key situations when you should contact an Atlanta motorcycle accident attorney:
- Severe Injuries: If you’ve sustained serious injuries, including broken bones, spinal cord injuries, or traumatic brain injuries, a lawyer can help you recover compensation for medical bills, lost wages, and pain and suffering.
- Disputes Over Fault: If there’s disagreement about who caused the accident, legal representation becomes essential to gather evidence, such as police reports, witness statements, and accident reconstructions.
- Dealing With Insurance Companies: Insurance companies often try to reduce payouts. A lawyer will negotiate on your behalf to ensure you receive a fair settlement.
- Unfair Settlement Offers: If the insurance company offers a low settlement that doesn’t cover your expenses, an attorney can fight for the compensation you truly deserve.
- Hit–and–Run Accidents: If the at-fault driver flees the scene, a lawyer can help you explore alternative options for compensation, such as uninsured motorist coverage.
- Wrongful Death: If a loved one was killed in a motorcycle accident, a lawyer can help your family file a wrongful death claim to seek justice and financial support.
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What an Atlanta Motorcycle Accident Lawyer Can Do for You
Recovering fair compensation after a motorcycle accident is rarely straightforward. Handling your claim alone can be challenging, especially when dealing with injuries, medical bills, and uncooperative insurance companies.
So, how do you find a good motorcycle accident lawyer? Look for an experienced personal injury attorney in Atlanta who understands motorcycle accidents, has a proven track record, and will fight to protect your rights and maximize your compensation.
Here’s a look at the crucial roles a motorcycle accident lawyer plays in your case:
Investigate the Collision
Your attorney will conduct a thorough investigation of the accident. This may include:
- Visiting the crash site to analyze road conditions, traffic signals, and skid marks
- Collecting evidence such as photos, videos, and police reports
- Interviewing witnesses to gather firsthand accounts of the incident
Determine Fault
One of the most critical aspects of your case is identifying who is responsible for the accident. Your lawyer will:
- Assess evidence to establish negligence
- Review driving records and accident history of the other party
- Examine factors like distracted driving, speeding, or failure to yield
Acquire Expert Testimony
To strengthen your claim, your lawyer may work with experts who can provide professional opinions. This could include:
- Accident reconstruction specialists to demonstrate how the collision occurred
- Medical professionals to explain the severity of your injuries and their long-term impact
- Economists to calculate lost earning potential
Calculate Your Total Damages
It’s essential to ensure that all damages are accounted for, not just immediate medical expenses. Your lawyer will calculate:
- Medical costs (current and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage
Negotiate With Insurance Companies
Insurance companies often prioritize their profits over your recovery. Our Atlanta motorcycle accident lawyer will:
- Handle all communications with insurers
- Push back against lowball offers or attempts to deny your claim
- Negotiate aggressively to secure the compensation you deserve
Represent You in Legal Proceedings
If a fair settlement cannot be reached, your attorney will represent you throughout the legal process. This includes:
- Filing a lawsuit and preparing for trial
- Presenting evidence and arguments in court
- Advocating for your rights every step of the way
Manage Deadlines and Legal Requirements
The legal process can be complicated and time-sensitive. Your attorney will:
- Ensure your claim is filed within Georgia’s statute of limitations
- Handle all paperwork and filings
- Keep track of deadlines, settlement negotiations, and other legal requirements
Handling a personal injury claim on your own can leave you vulnerable to mistakes or unfair settlements. An experienced lawyer provides the knowledge and resources needed to secure the best possible outcome for your case.
What to Do After a Motorcycle Accident
Follow these steps to ensure you’re prepared:
- Gather Information: If at all possible, gather the other driver’s name, contact information, license plate number, and insurance details. Look for witnesses and collect their names and phone numbers.
- Document the Scene: If you are physically able to, take clear photographs of the crash scene, the vehicles involved, road conditions, and any visible injuries.
- Contact the Police: Call the police to file an official accident report, which can be a critical piece of evidence for your claim.
- Seek Medical Attention: If you are injured, call 911 immediately and get medical help. Even if your injuries seem minor, a medical evaluation is crucial for your health and to document your injuries.
- Avoid Recorded Statements: Do not provide a recorded statement to any insurance company, including your own, without first consulting a personal injury attorney. Anything you say could be used against you later.
- Contact a Motorcycle Accident Lawyer in Atlanta: Motorcycle injury lawyers in Atlanta can protect you from making statements that might harm your case. We will handle communication with insurance companies, help gather evidence, and advocate for the compensation you need.
Who is at Fault for an Atlanta Motorcycle Accident?
After you get injured in a motorcycle accident, finding out who is at fault is an important step to recover compensation. You will not be able to pursue damages until you figure out who is to blame for your accident.
An Atlanta motorcycle accident attorney can help investigate who is liable so that you can begin taking steps toward getting the money you deserve.
Common Causes of Motorcycle Accidents
Just like in any vehicle accident, driver inattention or error is a big cause of motorcycle crashes. However, in motorcycle accidents, the results are often more tragic.
There may be many reasons for a crash, including:
- Road defects that lead to potholes or pooled water
- Intoxicated drivers
- Malfunctioning traffic lights
- Tree-covered stop signs
- Unsafe road design
- Speeding
- Distracted driving
- Failure to adhere to road signs and signals
- Other drivers swerving in front of a motorcycle
Comparative Negligence in Motorcycle Accident Claims
The state of Georgia utilizes the comparative negligence law, as per O.C.G.A. § 51-12-33. In this situation, if multiple parties are at fault in an accident, the amount of compensation you can ultimately receive depends heavily on how “at fault” you were for the accident.
What this means is that there is no set damages award you could receive, even if you suffered an injury in the accident. Under this law, you can only seek compensation if you are less than 50% at fault for the accident. If the courts determine your fault to be 50% or higher, your entire claim could be denied.
It’s critical to prove which parties were liable in your accident and their level of liability. With an Atlanta motorcycle accident lawyer by your side, the collected evidence will show your percentage of fault.
This will help your legal team decide how much to ask for in damages. This is true both during settlement negotiations and in court if your case gets that far.
How Much is Your Motorcycle Crash Claim Worth?
After we investigate your accident and find who is responsible, our motorcycle injury lawyers can help you assess your damages and calculate the full value of your claim. If you are wondering, “Is hiring a motorcycle accident lawyer worth it?”, this is where legal guidance can make a real difference, since determining what your case is worth on your own can be tricky.
Future losses from your accident and non-economic damages like permanent disability can be very hard to calculate if you do not know the process.
Typical Damages in a Motorcycle Accident Lawsuit
In a two-vehicle accident, the at-fault driver and their insurance company are responsible for damages. However, this requires proof of who is at fault in the motorcycle accident.
Your motorcycle accident lawyer can work with expert investigators to solidify your case. You have the right to recover any or all of the following:
- Medical expenses
- Estimated future costs of medical care
- Lost wages
- Reduced earning capability
- Repairs to your motorcycle
- Pain and suffering
- Permanent disability
- Loss of consortium
- Decreased quality of life
- Mental anguish
Wrongful Death in a Motorcycle Accident Claim
When you lose a loved one, you’re impacted in so many different ways. Atlanta wrongful death lawyers may be able to help you recover compensation to defer any unexpected costs, including:
- Funeral and burial costs
- Loss of companionship
- Loss of benefits and income
- Grief and emotional damage
Filing a Motorcycle Accident Lawsuit in Atlanta
Filing a motorcycle accident lawsuit can give you a chance to recover more money than you would get from an insurance settlement. Taking on a legal battle can be a lot of work when you are trying to recover from an injury. A motorcycle accident lawyer can handle every part of your case.
The time you have to file a lawsuit after a motorcycle accident is generally two years following the crash. However, the statute of limitations can be shorter if you file a claim against a city or government entity.
There are a lot of urgent reasons why it’s essential to file a claim quickly. Witnesses tend to disappear, accounts change, and evidence can be lost. The sooner your motorcycle accident injury lawyer in Atlanta can start working on your claim, the more protected you will be.
Types of Evidence a Lawyer Can Collect for a Motorcycle Accident Claim
An experienced lawyer can help collect and organize various types of evidence to support your claim for compensation. Here are some of the most common evidence types:
- Police Reports: An official police report provides details of the accident, including fault determination, witness names, and accident scene observations.
- Medical Records: Medical records document the extent of your injuries, treatment received, and ongoing medical needs, which are critical for calculating damages.
- Photographs and Videos: Images or videos of the accident scene, damaged vehicles, road conditions, injuries, and weather conditions serve as powerful evidence.
- Witness Statements: Statements from bystanders or other parties who witnessed the accident can provide valuable testimony to support your version of events.
- Surveillance Footage: Traffic camera footage, security cameras, or dashcams may have captured the accident, showing the sequence of events and identifying the at-fault party.
- Accident Reconstruction Reports: Professionals can recreate the accident using evidence like vehicle damage, skid marks, and road conditions to determine how the collision occurred.
- Cell Phone Records: If distracted driving is suspected, phone records can prove whether the other driver was using their phone at the time of the accident.
- Employment Records: Proof of lost wages or diminished earning capacity can be obtained through employment records and pay stubs.
- Expert Testimony: Medical experts, accident reconstructionists, and economists can provide professional opinions to strengthen your claim.
Common Types of Injuries in Motorcycle Accident Cases
Here are the most frequent injuries claimed in motorcycle accident cases:
- Traumatic Brain Injuries (TBIs) and Head Injuries
- Spinal Cord Injuries
- Fractures and Broken Bones
- Road Rash
- Internal Injuries, Internal Organ Damage
- Amputations
- Soft Tissue Damage
- Facial Injuries
- Psychological Injuries
Contact an Atlanta Motorcycle Accident Lawyer For a Free Consultation
Motorcycle accidents are different from car accidents. There can be more injuries, more questions of liability, and bias against you as a rider. If you’ve been hurt in a motorcycle collision, you need experienced Atlanta motorcycle injury lawyers to represent you throughout your personal injury case.
At John Foy & Associates, we’ve successfully handled countless insurance claims and helped clients secure the compensatory damages they deserve.
We have the resources to gather evidence, build a strong case, and guide you through every step—whether it’s negotiating with insurers or filing a civil lawsuit.
To learn how you can recover after your accident, contact us today. We offer a free, no-obligation consultation to victims of motorcycle collisions in Atlanta. Call now to speak with a member of our team.
(404) 400-4000 or complete a Free Case Evaluation form
