The Powder Springs area, like much of Cobb County, has exploded with new residents, new businesses, and new drivers on the streets. More vehicles mean a greater chance you could be a victim of a motorcycle accident that leaves you with serious injuries and astronomical medical bills.
If you or a loved one have suffered a bike crash in this Northeast Atlanta suburb, you need an experienced Powder Springs motorcycle accident lawyer from John Foy & Associates. Our team is skilled at negotiating the complex details that stand between you and the compensation you deserve.
Powder Springs Motorcycle Riders Face an Increased Crash Risk
Motorcycles are smaller than other vehicles on the road, making them easy to overlook. The National Highway Traffic Safety Administration (NHTSA) reports that motorcycle riders are 28 times more likely to die in an accident compared to those driving cars. They are five times more likely to be injured.
Unfortunately, insurance companies often have a bias against bike riders. When you retain a motorcycle accident lawyer in Powder Springs from John Foy & Associates, we help you fight against that prejudice so that you can receive the insurance settlement you need to recover.
When someone else has neglected to watch out for motorcycles, and you suffer injuries and damages as a result, you need guidance on what to do next. Our team is ready to step in and meet you in the hospital, at home, or in our office.
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What to Do After a Motorcycle Accident in Powder Springs
When an accident happens, you may be severely injured and need medical assistance. Whenever you are able, you (or a friend or family member) should gather as much information as possible at the crash scene. Your lawyer can also collect documents for you later on.
A John Foy motorcycle accident attorney in Powder Springs can help you by:
- Speaking to witnesses
- Hiring an independent accident investigator
- Obtaining police reports and medical records
- Acquiring videos and photos from traffic, security, and witness cameras/cellphones
- Documenting your injuries and damage through photos
- Speaking with others involved in the crash and their lawyers
It is critical that you do not admit any fault after the accident or speak to insurance companies without your lawyer. Insurance carriers are interested in saving money and will do anything to avoid paying claims. They will use your statements to minimize your injuries and compensation.
Common Causes of Powder Springs Motorcycle Accidents
Many bike accidents involve other vehicles. Drivers often exhibit inattentional blindness, which means they see but do not see. They drive on “autopilot” and ignore smaller vehicles.
In fact, the NHTSA reports that nearly 1/3 of motorcycle accidents are caused when other vehicles turn in front of a bike. Because motorcycles do not have protective shells or other safety features found on passenger cars, bike riders can easily be catastrophically injured or killed.
Common causes of crashes include:
- Poorly maintained roads
- Slick roadways and pooled water
- Driving under the influence
- Faulty or malfunctioning traffic signals or signs
- Speeding and reckless driving
- Distracted driving
- Road rage or aggressive driving
- Malfunctioning brakes or other components that contribute to the crash
In addition to suing a driver who hit you or cut you off, you could pursue a claim against a parts manufacturer or government agency. Your Powder Springs motorcycle accident attorney can help you determine all who are to blame.
Proving Fault in a Motorcycle Accident
To successfully obtain compensation for your damages after a Powder Springs motorcycle accident, you must prove fault for your injuries. This means establishing the four elements of their negligence:
- The defendant had a duty of care towards you.
- The defendant failed in that duty.
- You suffered injuries as a direct result of their failure.
- You incurred expenses related to your injuries.
Georgia Comparative Negligence Concerning Accident Claims
Georgia comparative negligence law rules that how much compensation you receive depends on if you bore any fault for the accident. If you are less than 50% liable, you can seek damages that may be reduced by the same percentage. If the court finds you more than 50% at fault, you cannot seek compensation.
This is where an experienced motorcycle accident attorney will work to show the fault of others. You also must share every detail of your story so they can determine if you may bear any responsibility for the crash.
Determining the Value of Your Motorcycle Accident Claim
Automotive insurance can cover many of your expenses, but it will not compensate you for lost wages, emotional distress, and potentially permanent disability. Relying on insurance alone may leave you facing mountains of debt. John Foy attorneys are experienced in calculating the losses you have already incurred and may face for future recovery.
We speak with medical experts to determine a potential treatment cost for you to fully heal and receive reimbursement for the damage done to your life. These form compensatory damages and can be economic or non-economic. Some common ones include:
- Doctor visits and hospital stays
- Estimated costs for future treatment
- Loss of income
- Lost earning potential
- Repair or replacement costs for your motorcycle
- Emotional distress
- Mood disorders such as depression, anxiety, or PTSD
- Loss of enjoyment of life
- Amputation or another permanent disability
- Loss of consortium
Filing a Powder Springs Motorcycle Accident Lawsuit
No matter how you were involved in a motorcycle accident, you have options for filing a lawsuit:
- Crash involving just your bike: You could file against anyone responsible for poor road maintenance or someone who spilled debris onto the road. You could also sue a landowner whose landscaping blocked your view of a stop sign near their property.
- Crash involving a rider and passenger: Both you and your passenger can file separate claims against a driver who hit you or otherwise caused your accident.
- Crash caused by malfunctioning parts: Whether on the bike or another vehicle, you could file against the manufacturer or repair shop if bad parts or work contributed to the crash.
At John Foy & Associates, we help you through every step for both insurance and legal claims. We speak with insurance companies and opposing counsel for you and will negotiate advantageous settlements on your behalf. In the event your case moves to trial, we will litigate aggressively to show fault and secure the maximum compensation available.
Filing a claim in Georgia is subject to strict time limits. Georgia Code §9-3-33 generally allows two years from the date of your accident to file a claim. If you are filing a claim against a municipality or government entity, you may only have six months. Failing to file your lawsuit on time could mean you lose your rights to sue forever, so you must act quickly.
Speak with a Powder Springs Motorcycle Accident Lawyer Today
Securing everything you are owed after a bike crash can be complicated. It requires the expert guidance of a Powder Springs motorcycle accident lawyer from John Foy & Associates. With a track record of winning over $1 billion in settlements and jury awards over the last twenty years for our clients, we stand ready to help you.
Do not delay and lose out on what you deserve. Call our office today or contact us through our online form to schedule your free consultation today.