Motorcycle accidents in Smyrna, GA, can be severe and even fatal. Despite the protective gear motorcycle riders wear, they are not protected like they would be if they were driving a larger vehicle. If you or a loved one was injured in a motorcycle accident, our Smyrna, GA, personal injury attorneys can help you.
John Foy & Associates has over 25 years of experience. If someone else caused the collision, you shouldn’t have to pay. Instead, our experienced team of Smyrna, GA, motorcycle accident lawyers can help you build a strong case.
Valuable Evidence in a Smyrna, GA, Motorcycle Accident Case
After your accident, gathering evidence is one of the most effective ways to strengthen your case and protect your legal rights. A motorcycle accident lawyer in Smyrna, GA, can use the following evidence you collect to build a strong case for you:
The Police Report
A police report shows the officer’s observations of the motorcycle accident. The report of objective facts can help bolster your case’s merit.
Your lawyer can use the accident report to show possible negligent parties, along with any other facts that show the accident was not your fault.
Medical Records
If you have severe or life-threatening injuries, get medical help immediately. Save all records of your treatment.
See a doctor soon after if you don’t get medical help at the scene. The longer you wait for treatment, the more it will hurt your case.
Pictures from the Scene
If you are well enough, you can take photos of the actual crash. Take pictures of:
- Your injuries.
- Your vehicle’s damage.
- The entire accident scene.
Photographic evidence of the motorcycle accident can help your injury claim and prove negligence. Our Smyrna, GA, motorcycle accident lawyers may also return to the scene for additional information.
Remember, take as many photos as you can. Every single picture helps, even if it seems trivial.
Eyewitness Contact Information
Talk to anyone who saw your accident occur. Ask for witnesses’ names and contact information. We can help you get testimonies from any witnesses that can bolster the strength of your case significantly.
The Statute of Limitations for Motorcycle Accidents in Smyrna, GA
In Smyrna, GA, the general statute of limitations for motorcycle accidents is two years. However, there can be certain circumstances or factors that significantly reduce the amount of time you have. Therefore, never assume that time is on your side.
You need to take the steps toward recovering financial compensation quickly. Don’t wait until the last minute to begin filing.
Who Can Be Responsible in a Motorcycle Crash?
As mentioned previously, motorcycles have little to no protection for the rider. Therefore, all vehicles on the road must exercise a strong duty of care for motorcyclists. You have the right to share the road and be free of any danger caused by distracted driving, reckless driving, or even a driver under the influence of drugs.
Under the law, you can file a claim against any negligent party responsible. The negligent party can be another at-fault driver disregarding traffic laws, a motorcycle manufacturer, or a local government agency responsible for maintaining safe roads. Regardless of who was at fault, you can recover compensation for damages related to your accident through your compensation claim.
Damages We Can Help You Recover After a Smyrna Motorcycle Accident
In Smyrna, the at-fault party in a crash is responsible for the damages under the Official Code of Georgia (OCGA) §51-1-6. Your damages are costs or losses from your severe injuries. You will need to seek recovery for your damages through an injury claim.
You can submit a claim against the at-fault party’s insurance company. There are several damages that you can recover compensation for, including:
Medical Care
Motorcycle crashes usually have high medical expenses. You can recover compensation for the following:
- Emergency medical treatment
- Prescription medications
- Surgeries
- Physical therapy
- Rehabilitation
- Specialist visits
- Travel costs going to and from appointments
A motorcycle accident lawyer in Smyrna, GA, can help you account for all damages. In most cases, waiting until you’ve reached maximum medical improvement (MMI) is best.
MMI is where you’ve recovered as much as possible with treatment. After you complete treatment, you’ll understand your total medical costs.
Lost Work Wages
Your injuries will probably affect your work. You might need to miss several days or weeks (or more) of work; you can claim this time as lost wages.
Not being able to work just adds another source of stress. You should be able to recover the wages that you miss because of the crash.
Motorcycle accident injuries might cause you to adjust your work. Maybe you can’t perform the same job you used to do. In this case, you can recover lost earning capacity, too.
Vehicle Repairs or Replacement
Crashes often total motorcycles. You will likely have repair or replacement costs. If you did not cause the accident, you can include these expenses in your claim. The insurance company will pay for or reimburse you for any repairs or replacements.
Pain and Suffering
Not all motorcycle crash damages are physical. You might have emotional injuries, too. Georgia law calls these “pain and suffering” or non-economic damages.
You can recover pain and suffering damages without proof of a specified amount under OCGA §51-12-2. However, you will need to show how the accident has affected you. Examples of pain and suffering include:
- Mental anguish
- Loss of enjoyment of life
- Anxiety or depression
- Scarring or disfigurement
- Post-traumatic stress disorder (PTSD)
The emotional effects of a motorcycle accident can stay with a victim for years. You can talk to one of our lawyers about determining the worth of these damages.
Wrongful Death
Unfortunately, the death rate for motorcycle accidents is high. You might be able to bring a wrongful death claim against the liable party for negligence.
Individual family members can file wrongful death claims on behalf of a loved one. You might be entitled to damages like:
- Medical costs before death
- Lost wages
- Pain and suffering
- Loss of companionship
- Funeral and burial costs
- Punitive damages
A Smyrna, GA, motorcycle accident lawyer can help you with a wrongful death case. We know that money can never reverse what happened. However, compensation can help families recover from stressful costs.
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How Much Is the Average Motorcycle Accident Settlement in Georgia?
The average motorcycle accident settlement in Georgia is around $50,000 or more. Remember, this is only a rough estimate. Your motorcycle accident case could be worth significantly more or less depending on the damages and the type of injury you sustained.
Usually, injuries that have long-term effects on your life, such as traumatic brain injuries and spinal cord injuries, will be worth more and can get you a larger settlement. If you only have broken bones, you may not recover as much. One thing is for certain; we won’t let the insurance company take advantage of you.
How to Handle the Insurance Company After a Motorcycle Accident
Motorcyclists often face unfair stigmas after an accident. The other driver might try to say you were reckless or aggressive. Too many people still see bikers as radicals on the road.
Because of biases, you might have more trouble getting a fair settlement offer. Insurance adjusters might try to blame you so they can reduce their responsibility. The insurer might use tactics like:
- Offering you a lowball settlement, hoping you’ll take it.
- Trying to blame you for the crash.
- Downplaying the severity of your damages.
- Trying to get you to admit fault or negligence.
- Using anything you say against you.
Thankfully, our experienced motorcycle accident attorneys in Smyrna, GA, can handle the insurance company for you. You should avoid speaking to the insurer at all.
If you accept a settlement offer early, you will lose the chance to seek more money. Don’t admit fault, sign anything, or give any recorded statements. Talk to our lawyers about your options first.
The first offer might seem like a good one. However, the first settlement offer is rarely enough to cover your costs. Fighting for a higher recovery will benefit you a lot more.
Talk to a Motorcycle Accident Attorney in Smyrna, GA, for Free Today
You should not have to pay if someone else caused your motorcycle accident. At John Foy & Associates, our motorcycle accident attorney in Smyrna, GA, can help you seek the maximum compensation you deserve through the legal process. Plus, our legal team doesn’t charge a fee unless we win your case; we work on a contingency fee basis.
Call us or complete the contact form online to schedule a free consultation.
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