Stonecrest, GA Motorcycle Accident Lawyer

Motorcycle accidents rarely result in minor injuries and losses. To get the compensation you need to cover your damages, our lawyers can help you file a lawsuit against the negligent driver.

Claims for motorcycle accidents tend to be complex. You will want to reach out to our team as soon as possible to get your case started. You only have a limited amount of time to file a claim, and we will need to gather evidence before filing. Once your claim is filed, we will fight unfair accusations that paint you as a dangerous rider. Our team will assess your case to determine how the fault should be apportioned. If you did do something to contribute to your damages, we can still help you pursue compensation since partially being at fault will not prevent you from getting justice.

Call Rice, Murtha & Psoras at (470) 287-3070 for a free assessment of your case with our motorcycle accident lawyers.

How Long You Have to File a Lawsuit After a Motorcycle Accident in Stonecrest, GA

One of the most important questions after getting injured is how long you have to file a claim. Most people understand that courts do not give you an unlimited amount of time to file a lawsuit. This time limit is known as the “statute of limitations.” The deadline varies depending on the type of claim you are filing. For personal injury lawsuits, including those caused by motorcycle accidents, O.C.G.A. § 9-3-33 allows victims two years to file. The clock starts counting down on the date you are injured.

Two years is not much time to prepare a lawsuit, especially for a motorcycle accident. That is why you should contact our motorcycle accident attorneys as soon as possible. We can start collecting evidence and preparing your case immediately. In most cases, we can file your complaint without all the evidence we need, but we will need some. Thus, time is of the essence. If your lawsuit is not filed before the statute of limitations tolls, you will not be able to be compensated for your damages.

Recovering Compensation for a Motorcycle Accident in Stonecrest, GA

You have a few ways of recovering compensation after getting injured in a motorcycle accident. One method is to file an insurance claim. Georgia is an at-fault state, meaning that you need to file a third-party insurance claim with the other driver’s provider. Because you are trying to obtain coverage from an insurance company that is not your own, they will likely fight your claim. Given the stereotypes against motorcycle riders, most insurance companies rely on victims settling for less than their cases are worth.

Working with our lawyers is the best way to ensure you do not lose out on the money you are entitled to. When you file an insurance claim against the other driver, you will still need to provide evidence to prove liability. Otherwise, your claim will be denied. Our team can help you get this evidence.

The good thing about the at-fault system is that it does not limit your ability to file a lawsuit, unlike states that use no-fault rules. In fact, our team will usually file an insurance claim and a lawsuit together. The evidence you will need to prove an insurance claim is the same we will use in a lawsuit. However, a lawsuit shows the insurance company you are serious about your claim.

How Fault is Determined in a Motorcycle Accident Case in Stonecrest, GA

Our team can also fight accusations that you caused or contributed to your accident. When assessing fault, both parties in the accident will be looked at to see if the plaintiff contributed to their injuries. This can be a problem in motorcycle claims. In many cases, insurance companies try to rely on biases against motorcycle riders to save themselves money. Thus, they will be looking for any conduct on your part they can argue was negligent. Our team’s job is to make sure your case is based on the facts and not unfair stereotypes.

Fortunately, you will not be barred from recovering compensation even if you did partially cause your injuries. Georgia uses a modified comparative negligence rule to assess fault. According to § 51-12-33(g), you can still recover compensation as long as your share of the fault is less than 50%. If the court finds you were 50% or more responsible for the accident or your injuries, you will not be able to recover any damages.

If you are found to be less than 50% at fault, your compensation will be reduced by the same proportion of fault you were found to have contributed. For example, if you won $100,000 in your case but were found 10% at fault for the crash, your compensation will be reduced by 10%, leaving you with $90,000. This means that you will be on the hook for any damages you did not get because of contributory negligence.

Motorcycle Laws You Should Follow So You Do Not Lose Compensation in Your Stonecrest, GA Lawsuit

Violating a motorcycle law will not automatically prevent you from recovering compensation. However, it will be strong evidence against you. To ensure you do not jeopardize your claim later, follow all the safety laws set for motorcyclists.

The helmet law is probably the most important law. Under § 40-6-315(a), all motorcyclist riders and their passengers are required to wear helmets. Not having a helmet when an accident occurs is almost guaranteed to result in serious damage. The chances of suffering a deadly accident are also enormously high when not wearing a helmet. If you suffered serious head injuries, the first thing the insurance company will look for is whether the rider was ticketed for failing to wear a helmet. If your head injuries could have been prevented by a helmet, you could lose out on all the critical compensation you need to heal.

Riders and passengers must also have the appropriate eye protection when riding, or the bike must have a windshield under this law. Eye protection protects from wind, sand, or anything else that might obstruct the rider’s view. If the defendant’s attorney questions you and you admit you did not see them because you were not wearing eye gear, it can be used to reduce or deny your claim.

You will also be found contributorily negligent if you were splitting lanes when the accident happened. Lane splitting is the act of riding between traffic in the center between two lanes. While this practice is still legal in some states, it is illegal in Stonecrest. However, we will always fight false claims if you were not lane splitting at the time.