Motorcycles can be an excellent way to get around town, but they also come with dangers that other modes of transportation don’t. Because they don’t offer protection in the event of a crash like cars or buses, motorcycle injuries can be severe even in a mild crash.
If you or a loved one have been injured in a motorcycle accident, getting representation from a Johns Creek motorcycle accident lawyer can help you get the compensation you need to recover.
When Should You Hire a Motorcycle Accident Lawyer in Johns Creek?
Motorcycle accident victims should get in touch with a lawyer as soon as possible after an accident, as this is the best way to set their case up for success. Enlisting the help of a lawyer early on can help you start building your case almost immediately, which includes gathering evidence, filing claim paperwork, and more.
After a motorcycle accident, the other party’s insurance company is also likely to begin contacting you. They often come across as nice, helpful people, and they sometimes ask you how you are doing and what injuries you have sustained. This has less to do with concern for your well-being and more to do with their bottom line if the case doesn’t go their way.
When you get help from a Johns Creek motorcycle accident lawyer early on, they can talk to the insurance companies on your behalf. This can help you avoid accidentally divulging important information to the case that can be used against you for a lower settlement than you deserve.
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Establishing Negligence in a Motorcycle Accident
Negligence is a term that refers to a party’s failure to uphold some level of care that would usually be expected in a situation. Negligence can refer to a failure to act safely or allude to inaction that puts someone else in danger. To properly establish negligence, you and your lawyer will have to make a viable case for the following:
- That a duty of care existed in the moments leading up to the accident
- That there was a breach in the duty of care you were owed
- That the breach in the duty of care was the cause of the motorcycle accident
- That the motorcycle accident caused the injuries and hardships, the victim has endured
It’s not easy to establish negligence, especially since the other party will do everything they can to make it look like you were at fault. By gathering as much evidence as possible, like photos at the accident scene, traffic cam footage, police reports, witness testimony, and more, you and your lawyer can make a compelling case that the other party is mostly to blame.
Georgia is considered a comparative negligence state according to OCGA §51-12-33, which means that fault can be assigned to multiple parties. For example, if a distracted driver struck a speeding motorcyclist, the court may rule that both parties were at fault in the accident. The court can assign a percentage of blame to each party: 50% to both, or they could place a higher percentage of fault on the distracted driver.
The only way a person can receive compensation in comparative negligent states is if they are found to be less than 50% responsible for the accident. A lower amount of responsibility can allow you to collect more in compensation, but some compensation is better than no compensation. You and your lawyer must establish negligence and prove that you were either less responsible for causing the accident than the other party or hold no fault at all.
Johns Creek Motorcycle Accident Lawyer Near Me 404-400-4000
Common Damages in Motorcycle Accident Cases
If you and your Johns Creek motorcycle accident attorney can establish negligence in your case, you may be able to collect several types of damages. Some damages that of frequently collected in motorcycle accident cases include:
- Past and future medical bills
- Past and future lost wages
- Permanent disability
- Property damage
- Pain and suffering
- Wrongful death
The above damages attempt to compensate you for the hardships you have endured because of the accident caused by someone else’s irresponsible actions. While no amount of money can completely cure all of the suffering the accident may have caused, collecting compensation can help you financially recover and move on from the accident.
How Long Do You Have to File a Claim in Georgia?
According to Georgia Code §9-3-33, a person who wants to file a claim has two years from the accident or offense to file a claim. There are some exceptions to this rule, and you may have less time than two years to file your claim. For this reason, it is recommended to file your claim as soon as you can to ensure that your case can be heard.
The faster you get a Johns Creek motorcycle accident lawyer on your case, the sooner you will have someone on your side that can help you fill out paperwork, meet essential deadlines, collect and review evidence, and ultimately represent you in and out of the courtroom.
For a free legal consultation with a motorcycle accidents lawyer serving Johns Creek, call 404-400-4000
Get in Touch with John Foy & Associates Today
If you or a loved one have been injured in a motorcycle accident, having a motorcycle accident attorney in Johns Creek on your side can make all the difference in the pursuit of compensation for your injuries and damaged property. At John Foy & Associates, we have already helped numerous motorcycle accident victims get the compensation they deserve and need to pay for their medical bills and work toward getting back to their lives after the accident.
To get started, please contact us for a free, no-obligation case evaluation today, and one of our dedicated staff members will reach out to you as soon as possible.