Motorcycle accidents tend to be very severe in Smyrna. Motorcycle riders don’t have the protection of a large vehicle like other motorists. If a motorcycle accident injured you or a loved one, talk to our Smyrna motorcycle accident lawyers.
John Foy & Associates has over 20 years of experience. If someone else caused the collision, you shouldn’t have to pay. Instead, our experienced lawyers can help you build a strong insurance claim. Call or contact us online to schedule a free, no-risk consultation today.
Filing a Claim for Negligence After a Motorcycle Accident in Smyrna
As mentioned previously, motorcycles have little to no protection for the rider. Therefore, all vehicles on the road need to exercise a strong duty of care for motorcyclists. You have the right to share the road and be free of any negligent danger caused by a careless, aggressive, or reckless driver.
Under the law, you can file a claim against any negligent party responsible. The negligent party can be another driver, motorcycle manufacturer, or 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 claim.
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Damages You Can Be Compensated for 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 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.
Motorcycle accidents usually have high medical costs. You might need:
- Emergency medical treatment
- Prescription medications
- Physical therapy
- Specialist visits
- Travel costs going to and from appointments
You can include your medical expenses in your claim. A motorcycle accident lawyer can help you account for all damages. It’s important to consider all past and future medical costs.
In most cases, it’s best to wait until you’ve reached maximum medical improvement (MMI). MMI is the point 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 accident injuries will probably affect your work time. You might need to miss several days or weeks (or more) of work. Thankfully, 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 accident.
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 might be able to recover lost earning capacity, too.
Vehicle Repairs or Replacement
Accidents often total motorcycles. You will most 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 accident damages are physical. You might have emotional injuries, too. Georgia law calls these “pain and suffering” or general 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. Talk to one of our lawyers about determining the worth of these damages.
Unfortunately, the death rate for motorcycle accidents is high. If you lost a loved one in a motorcycle accident, talk to a lawyer. You might be able to bring a wrongful death claim.
Individual family members can file wrongful death claims on behalf of a loved one. You might be entitled to damages like:
- Medical costs prior to death
- Lost wages
- Pain and suffering
- Loss of companionship
- Funeral and burial costs
A Smyrna motorcycle accident lawyer can help you with a wrongful death case. We know that money can never reverse what happened. However, we find that compensation can help families recover stressful costs.
Smyrna Motorcycle Accident Lawyer Near Me 404-400-4000
How Much Is the Average Motorcycle Accident Settlement in Georgia?
The general average of motorcycle accident settlements 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 you sustained. One thing that 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. The insurance company 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 blame.
- Using anything you say against you.
Thankfully, our experienced lawyers can handle the insurance company for you. It’s wise to 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. It will benefit you a lot more to fight for a higher recovery amount.
For a free legal consultation with a motorcycle accidents lawyer serving Smyrna, call 404-400-4000
A Smyrna Motorcycle Accident Attorney Can Help You Build Your Case
After the accident, there are some ways you can start protecting yourself. First, when you contact a lawyer, you can bring the following evidence to the consultation.
The Accident Report
Always report an accident with injuries, death, or property damages. Call the police, and let them know what happened. Officers should create an accident report. You will need a copy of this report for your case.
If you have severe or life-threatening injuries, get medical help immediately. Save all records of this treatment. If you don’t get medical help at the scene, see a doctor soon after. Don’t wait. The longer you wait to get treatment, the more it will hurt your case. Save records of all medical treatment you receive.
Pictures from the Scene
If you are well enough, you can take photos of the actual crash. Take pictures of:
- Your injuries
- Your vehicle damages
- The entire accident scene
Picture evidence of the motorcycle accident can help your injury claim. Our motorcycle accident lawyers may also go back to the scene to gather 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 any 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
In Smyrna, 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.
While we don’t encourage you to blindly rush into filing your claim, waiting too long to do so isn’t smart either. Instead, you need to take the steps towards recovering financial compensation quickly. Don’t wait until the last minute to begin filing.
Talk to a Motorcycle Accident Attorney in Smyrna for Free Today
You should not have to pay if someone else caused your motorcycle accident. At John Foy & Associates, we can help you seek the compensation you deserve. Plus, we don’t charge a fee unless we win your case. Call us or contact us online to schedule a free consultation.