Motorcycle accidents are a result of driver negligence or error, on the part of the motorcyclist or another vehicle driver. Weather can also be a factor and, here in Georgia, we certainly have our share of rainy days.
If you have suffered a motorcycle accident injury, you should call a local personal injury lawyer in Duluth.
How do You Know If You Have a Valid Legal Claim?
When you first meet with a Duluth motorcycle accident lawyer, he or she will want to review the information you have about your accident to determine if they believe you have a viable case. Some things you should be able to provide include:
- A copy of the law enforcement report
- Your accounting of the accident, including the date, time, and location
- Information about the weather at the time or road conditions that could have contributed to the accident
- Contact and insurance information from the other driver
- Witness contact information
- Pictures from the accident scene, including those of your motorcycle and your injuries
- Copies of your medical records regarding your injuries and the bills you have incurred
- Copies of repair estimates or replacement cost of your motorcycle
All these things will help your attorney build a solid case and help prove fault.
How Will Your Motorcycle Accident Lawyer in Duluth Be Able to Determine Fault?
Statistically, nearly all motorcycle fatalities in Georgia involve alcohol with bikers riding while over the legal limit or at an impairment level. However, if you were not at fault, your Duluth motorcycle accident attorney will have to work as hard to prove it as in showing the other driving is at fault.
Often vehicle accidents, including a car versus motorcycle accident, are the results of negligence. Driving while under the influence is considered a form of negligence. Other forms of negligent driving include:
- Speeding
- Violation of other traffic laws
- Aggressive driving
- Distracted driving, including texting while driving
- Driving while fatigued
Occasionally a mechanical failure from poor maintenance or improper repairs can also be to blame.
Shared Responsibility in a Motorcycle Accident
There are cases when both drivers are found to be at fault for an accident. Georgia is a modified comparative negligence state. At trial, if you are found to be 49% at fault, you can still collect 51% compensation for the damages you have incurred.
Examples of partial at-fault could include:
Not Wearing a Helmet
In Georgia, the driver of a motorcycle and a passenger must wear helmets. Failure to do so is against the law. If the other vehicle driver can not only claim you were breaking the law but that it may have affected your injuries, this could put you in a partial at-fault situation.
Driving Aggressively
The defense may claim you were driving under the influence, speeding, lane splitting, or performing an illegal lane change. If they have corroborating evidence, you could be found partially at fault.
Right-of-Way Violation
If both you and the other driver entered an intersection at the same time, and you did not yield while on the left side of the other vehicle, the other driver can claim you violated the right-of-way law, which could also result in you being partially at fault.
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Is There a Time Limit in Which to File a Motorcycle Accident Lawsuit?
Yes. In Georgia, you have up to two years from the date of the accident to file a legal claim. Once you have received medical care for your injuries and are stable, you should contact a personal injury lawyer right away.
How Much Will a Duluth Motorcycle Accident Lawyer Cost?
Personal injury lawyers, including those who specialize in motorcycle injury accidents, work on contingency fees. This means you do not have to pay any upfront costs.
Your motorcycle accident attorney in Duluth will perform all their duties including investigating the accident and preparing your case without pay. Once you win your case and are awarded compensation for your damages, your attorney will receive a percentage of that compensation agreed upon when you hired the firm.
If your attorney is unable to win your case, you will pay nothing. How can that happen?
A Free Initial Consultation
When you first contact our legal firm, John Foy & Associates in Duluth or anywhere in the Atlanta area, we offer you a free initial consultation. This gives us a chance to evaluate your case. If we accept your case, you can bet we are pretty darn confident we will win.
During this time, you also have the chance to interview your potential attorney. Feel free to ask the type of questions you want answers to in order to assure you are comfortable with the lawyer who will represent you. After all, you are putting your case in their hands.
What Are Your Damages and What Compensation Can You Expect?
When a motorcycle and another type of vehicle collide, the result is not only major damage to the bike but often serious injuries as well. Some damages you can hope to receive compensation for include:
- Medical expenses, including emergency care, transportation, hospitalization, surgery, tests, therapy, and follow-up visits with your doctor
- Future medical bills
- Lost wages from being unable to work
- Disability compensation if you are unable to work into the future
- Cost of motorcycle repairs or replacement
- Pain and suffering
- Emotional trauma and anguish
- A loss of enjoyment of life
Your attorney will collect copies of your bills for your economic damages. He or she will rely on comparative cases and experts in the field to help determine the non-economic damage figures such as pain and suffering and mental trauma.
How John Foy & Associates Can Help You
John Foy & Associates has a large team of personal injury attorneys and legal experts experienced with Georgia laws and the Duluth area. We have received more than $1 billion in compensation for our clients over the years. Individuals like you have received up to one million dollars and more, depending upon their accident and claim.
Our attorneys have handled many motorcycle accident legal cases, and we have the experience and knowledge to help you. Contact us for a free, no-obligation consultation. Let us handle your case while you focus on your recovery.
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