Did you suffer serious injuries in a motorcycle accident in Doraville? Have your injuries made it difficult or impossible for you to continue your life normally? If someone else is responsible for causing your accident or injuries, you may be able to bring them to justice.
Recover the compensation that is rightfully yours with help from a dedicated Doraville personal injury lawyer at John Foy & Associates. If you are interested in learning more about what your next step should be, contact our office for a free case review.
Your Legal Options After a Motorcycle Accident Lawyer in Doraville
If you hope to get the most out of your claim following a motorcycle accident in Doraville, you may need to exhaust the multiple avenues of justice. First, you may need to file a claim with the insurance company.
Georgia law requires individuals to file claims with the liable party’s insurance provider under the state’s fault laws. After your accident, you will need to obtain the insurance and contact information of the at-fault party so you can file a claim with their insurer.
We Can Help You Handle the Insurance Company
Dealing with the insurance company is not easy. Insurance companies make their money by paying out less in claims than they do in selling policies. You can expect them to look for opportunities to reduce or deny you the benefits that you may otherwise be entitled to. When this happens, or if the liable party does not have adequate insurance, you may need to file a Doraville civil motorcycle accident claim.
Here, you will file your civil lawsuit against the liable party seeking compensation for your damages in full. Although having to handle a burdensome insurance claim and difficult litigation process can be overwhelming, if successful, you could access the compensation you will need to rebuild your life while holding the culpable party accountable.
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How to Prove Fault For Doraville Motorcycle Accidents
If you hope to win your Doraville motorcycle accident claim, your attorney will need to prove liability based on a preponderance of the evidence. The four elements of negligence must thing that as follows:
- Duty of care – The defendant owed you a duty of care
- Breach of duty – The defendant failed to uphold that duty of care
- Causation – This breach in the duty of care caused damages
- Damages – Your damages have had a considerable impact on your life
Since the burden of proof in motorcycle accident claims is based on a preponderance of the evidence, your Doraville motorcycle accident attorney will need to gather evidence that clearly supports your case. For many Doraville motorcycle accident claims, some of the most valuable types of evidence include:
- Video footage of the accident
- Photos of the accident scene and your injuries
- Photos of any property damage
- Police and accident reports
- Safety inspection reports
- Reports by accident reconstructionists
- Chemical blood alcohol concentration (BAC) test results
- Cell phone records
These are just a few of the different types of evidence that could be used to prove liability in your case. If the evidence can clearly show that the defendant is more than likely responsible for causing not only your accident but your subsequent injuries, then the judge and jury will be compelled to come down in your favor.
Common Liable Parties for Motorcycle Accidents in Doraville
For Doraville motorcycle accident claims, there are several parties that can be found culpable. In the majority of motorcycle accidents, unsafe or negligent driving is found to have played a part. There are many ways negligent driving can occur, but some of the more common of which include:
- Following too closely
- Failure to stop at a traffic light or stop sign
- Failure to yield to the right of way
- Driving over the speed limit
- Failure to use a turn signal or make legal lane changes
- Driving under the influence of drugs or alcohol
- Driving while fatigued
- Cell phone use or other types of distracted driving
You may be surprised to learn that there are other causes of motorcycle accidents. When roads are dangerous due to improperly maintained roadways, the government agencies responsible for their maintenance can be held accountable for any injuries victims sustain.
When auto parts are defective or malfunctioning, there are also parties who could share liability, such as safety inspectors, auto parts designers, manufacturers, distributors, vehicle dealerships, and more. Only a thorough investigation into the cause of your motorcycle accident in Doraville will reveal the truth.
How Long do You Have to File Your Doraville Motorcycle Accident Claim?
Generally, under O.C.G.A §9-3-33, Doraville motorcycle accident claims and all personal injury lawsuits across the state, must be filed before the two-year statute of limitations expires. Typically, this will occur two years from the date of the collision.
However, many factors can have an impact on the exact date the statute of limitations will run out for your case. If the statute of limitations passes and your motorcycle accident claim has not been filed, you will no longer have the authority to seek compensation through the Doraville civil courts.
If you attempt to file your case once this deadline has passed, you can expect the defense to file a motion to dismiss your case, which the judge will have no other choice but to grant.
If you hope to avoid the statute of limitations having an adverse impact on your ability to pursue your case to the fullest extent of the law, it is important to get an experienced motorcycle accident attorney in Doraville to handle your case. This way, you can be sure that you are not putting your injury settlement at risk by failing to get the legal help you need before the statute of limitations runs out.
Contact a Doraville Motorcycle Accident Lawyer Today
The motorcycle accident claims process may not always go as planned. It is important to get started on your claim as soon as possible so we can be prepared for whatever obstacles may get in your way.
When you are ready to schedule your free, no-obligation consultation with an experienced motorcycle accident lawyer in Doraville at John Foy & Associates, fill out our quick contact form or call our office.
(404) 400-4000 or complete a Free Case Evaluation form
