The aftermath of a motorcycle accident in Cumming can be chaotic. When you are at the accident scene and unsure what your next steps should be, contact emergency responders and obtain a medical evaluation immediately.
Once you have an opportunity to contact a dedicated Cumming personal injury lawyer at John Foy & Associates, you can learn more about what legal options may be available to you and how to ensure the culpable party is held accountable. Contact our office for a free case review today.
Common Motorcycle Accident Injuries to Sue for
Many motorcycle accident victims do not take action on their claim immediately following their accident. This is, in part, because they believe their injuries may not be severe enough to warrant legal action.
However, it is important to remember that the type or severity of the injury you sustained will not necessarily determine whether you have the right to hold the liable party accountable. Instead, what matters is how your injuries have had an impact on your life.
Even seemingly minor injuries can have a devastating effect on a person’s life. If your life has been significantly impacted by your injuries, you should be compensated accordingly. With that in mind, there are some types of injuries seen in Cumming motorcycle accident claims more frequently than others. These include:
- Spinal cord injuries
- Road rash
- Compound fractures
- Broken bones
- Traumatic brain injuries
- Paralysis
- Concussion
- Head, neck, and back injuries
- Post-traumatic stress disorder (PTSD)
- Lacerations, contusions, and abrasions
- Amputations
- Internal bleeding and organ failure
There are many other types of injuries you could have suffered in your Cumming motorcycle accident. If you suffered another type of injury that was not listed above, make sure to contact our office to find out whether you have grounds for insurance or civil claims against the liable party.
How Will You Know If You Have Grounds for a Motorcycle Accident Claim?
When you are unable to tell whether you have grounds for a civil claim by the type of injury you have sustained, it is important to consider the other factors involved.
Generally, when someone else is responsible for causing your motorcycle accident, whether that be intentionally or through negligence, they should be compelled to cover your damages in full. Some of the parties that are frequently found culpable in Cumming motorcycle accident claims include:
- Negligent drivers
- Auto parts manufacturers
- Municipalities
- Government agencies
- Safety inspectors
- Motorcycle dealerships
- Other third parties
Still, you may not be sure who is responsible for your accident or whether someone else is at fault for your injuries. If this sounds like what you are going through, consider how your life has been affected by your injuries.
If your life has been substantially affected emotionally, physically, or financially, it may be worth your time to speak with a motorcycle accident attorney in Cumming about what your next steps should be.
Proving Negligence After a Motorcycle Accident
If a Cumming motorcycle accident attorney is going to win your claim, we will need to show that the defendant is liable for your injuries based on a preponderance of the evidence. This means the evidence must clearly show that the defendant is more than likely responsible for causing your accident and resulting injuries.
In order to prove negligence, the evidence must be powerful. Some of the more common types of evidence used to prove negligence and Cumming motorcycle accident claims include:
- Crash reports
- Police reports
- Safety inspection reports
- Chemical blood alcohol concentration (BAC) results
- Cell phone records
- Photos of the accident scene, the property damage, and any injuries
- Medical documentation
- Video footage of the collision
- Accident reconstructionist reports
- Eyewitness statements
- Expert testimony
These are only a few of the more common types of evidence used to establish faults in Cumming motorcycle accident claims. A thorough investigation into the cause of your motorcycle accident will uncover who is responsible for your motorcycle accident Injuries so you can hold them accountable to the fullest extent of the law.
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The Impact of Georgia’s Shared Fault Laws On Your Claim
The liable party should be compelled to cover your damages, but do not expect them to be willing to compensate you without a fight. One of the top defenses used to avoid liability in motorcycle accident claims is Georgia’s modified comparative negligence laws.
Under O.C.G.A. §51-12-33, sharing fault for your accident will result in the reduction of your injury settlement. However, if your portion of liability exceeds 49%, you will no longer have the right to seek compensation through a civil claim. You can also expect your injury settlement to reflect a shared fault deduction that correlates with your portion of liability. Let’s look at an example:
Jim was not wearing his motorcycle helmet when he was struck by a drunk driver. The judge found him 10% liable for his injuries because he failed to wear proper safety equipment. When the jury awarded Jim $100,000 for his damages, his injury settlement was reduced by 10%, leaving him with a final motorcycle accident injury settlement worth $90,000.
As can be seen, sharing even a moderate amount of liability for your injuries can have a significant impact on the total amount of compensation you are awarded. If you hope to protect your injury settlement and avoid being taken advantage of by the defendant, it is important to have an experienced motorcycle accident attorney by your side who will ensure that liability is fairly evaluated in your case.
Contact a Motorcycle Accident Lawyer in Cumming for Assistance
Although pursuing insurance and civil motorcycle accident claims may be the furthest thing from your mind, the sooner you can get your attorney on your case, the better.
An experienced Cumming motorcycle accident lawyer at John Foy & Associates could help you obtain the time-sensitive evidence you need to prove liability and recover total compensation for your damages. Schedule your no-cost, risk-free consultation when you give our office a call or complete our convenient contact form.
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