We know that most motorcycle riders in Austell are responsible and drive safely on the roads. However, the truth is that motorcycle accidents are also some of the most serious throughout the United States.
If you or a loved one were injured in a motorcycle wreck, you need the law on your side to ensure your recovery of the money you deserve. It’s time to schedule a consultation with a motorcycle accident lawyer in Austell from John Foy & Associates.
Why Motorcycle Accidents Are So Dangerous
The damage left from a motorcycle accident is often more serious than other automobile accidents since a motorcycle just doesn’t provide near the same degree of protection compared with cars and trucks. Serious injuries can force motorcycle victims to take time off work for recovery, and sometimes the consequences are permanent or even deadly.
In fact, according to the Insurance Information Institute, you’re six times more likely to die in a motorcycle crash than a car crash. Despite being far less numerous on the road, motorcyclists make up 14% of all traffic fatalities, according to the 2019 data from the NHTSA.
We want to encourage all riders to use as much safety gear as they can and get training from a motorcycle school to reduce the chances of injury and death. That said, all the protection in the world won’t help you if another driver is negligent enough.
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What Damages Can I Recover in a Motorcycle Accident?
Under Georgia law, accident victims are entitled to recover the FULL cost of the accident. That means you can legally pursue financial recovery for ALL damages you suffered because of the motorcycle crash. Those damages may include:
- Medical expenses, including costs of doctor visits, hospital stays, tests, physical therapy, surgeries, and prescription drugs
- Repair or replacement costs for your motorcycle
- Lost wages from missing work time due to the accident and treatment for your accident injuries
- Wrongful death damages if a loved one was lost in the accident
Often, motorcycle accidents have long-term consequences for the victim(s), which is why it’s common for the local courts to award accident victims much more money. The goal is to get you enough recovery to cover your expenses and relieve financial stress, allowing you to get “back to normal” as closely as possible.
As Austell motorcycle accident lawyers, we know money can never make up completely for what was lost. But we’ve found that it can help ease the pain and make getting back on your feet much smoother.
My Loved One Was in a Motorcycle Accident. What Should I Do?
If a loved one was injured in a motorcycle accident, first, get them any necessary medical treatment as soon as possible. Next, make sure you or your loved one contacts the local police right away to report the accident. This will create a police report as proof that the accident happened.
After that, work on gathering as much information as you can about the accident. This includes:
- Exchanging information with any other driver who was in the accident. Get their first and last name, insurance information, license plate, and phone number
- Taking photos of the accident scene, your loved one’s injuries, damage to their motorcycle, and anything else you think could be relevant to the case
- Talking to witnesses if anyone saw the accident happen. Get their contact information in case they need to give a statement about the accident
If your loved one was killed in a motorcycle accident, this becomes a wrongful death case where you’re seeking damages on behalf of the deceased loved one. You’ll still want to gather as much information as you can before contacting a wrongful death lawyer.
Speaking With Insurance Companies After a Motorcycle Crash
Be prepared for insurance companies to place the blame on the rider simply because they were riding a motorcycle. Unfortunately, there is a bias against riders in this country and, beyond riding safely, there’s little you can do about it on your own.
They’ll likely try to call and ask questions to get you to say something that can be used against you. Do not give a recorded statement or accept any money until you’ve contacted a motorcycle accident lawyer in Austell first.
What If I Can’t Work Because of My Motorcycle Accident?
If you’ve been injured to the point where you can’t work as you could before, your lawyer will help you pursue damages for this. If you had to use sick leave or vacation time during your recovery, those will be included in your total damages and submitted to the insurance company of the at-fault party.
Any money you should have been earning during the time you took off to recover will also be calculated into your damages, as well as one-fourth of your salary that you didn’t receive if you get Social Security Disability payments. Your insurance coverage may also cover some of the earning opportunities or wages you lost.
This is why it’s important to document every time you miss work because of an accident. You’ll also need to obtain:
- A doctor’s report acknowledging your injury prevents you from working, detailing the injury and how long it kept you from receiving wages. Your doctor should also note what treatments you received, your medical bills, and any prescriptions you were prescribed
- A police report from the accident, including mention of your injuries
- An employer report showing that you missed work because of your injuries
Being unable to work as you could before is hard in any situation—and the details can be complicated and confusing. That’s why working with an Austell motorcycle accident attorney can help you each step of the way and ensure you have the best chance for financial recovery.
What If I’m Partially at Fault for My Motorcycle Accident?
Most states recognize that an accident can be the fault of both parties. Who pays in this situation? In Georgia, we use a modified comparative fault rule. As long as you are less than 50% responsible for the accident, you can receive compensation.
Your compensation will be reduced based on how much you were at fault for the accident. If you are equally at fault or more at fault, you will not be allowed to recover compensation. Your lawyer will fight the companies and explain to the court why your fault percentage should be as low as legally possible.
Incidentally, this is a great reason to wear a helmet while you ride, above and beyond the safety reasons. Riding without a helmet is an easy win for the insurance companies to assign a lot of blame on you for your injuries.
Talk to an Austell Motorcycle Accident Lawyer for Free
At John Foy & Associates, our motorcycle accident lawyers in Austell are constantly working to help victims recover what they need to pay for their costs and move on with their lives as completely as possible.
John Foy & Associates began as a small law firm over two decades ago, and has since grown to one of the largest and most respected law firms in Georgia. We’re here to help, and that starts with offering you a FREE consultation to talk about the details of your accident. For your free consultation, call us or complete the form to the right.
404-400-4000 or complete a Free Case Evaluation form