Atlanta Motorcycle Accident Lawyer

It can be difficult to navigate the path to compensation after suffering a motorcycle accident. You may be dealing with a great deal of physical pain, emotional suffering, and financial distress. Furthermore, the at-fault party and their insurance company may be trying to shift blame onto you.

Thankfully, our legal team is prepared to offer crucial guidance and support. We can handle all communications with the opposing party and their insurer. Moreover, we will help build your case and negotiate for the payment you deserve. By handling every aspect of your legal claim, we enable you to simply rest and focus on your recovery.

Seek assistance from our experienced motorcycle accident attorneys by calling Rice, Murtha & Psoras at (410) 694-7291.

Sharing Fault for a Motorcycle Accident in Atlanta, GA

There are situations where victims can share degrees of fault for their motorcycle accidents. For instance, a rider with a broken head light may share fault for a crash with a drunk motorist who made an improper turn. Further, a speeding rider may share blame for a collision with another driver who committed an illegal lane change.

Thankfully, even if you share fault for your motorcycle accident, you still might be able to file a lawsuit against another, at-fault party. Georgia courts abide by the doctrine of “modified comparative negligence” when assigning damages in motorcycle accident cases. In other words, damages are apportioned based on percentages of responsibility. For example, if you are 30% to blame for your crash while the defendant in your case is 70%% responsible, then they will have to pay for 70% of your damages while you must account for the remaining 30%.

It is important to note that you will be prevented from filing a motorcycle accident lawsuit against another party if your share of fault meets or exceeds 50%.

It is highly likely that the defendant in your case will attempt to shift blame in order to avoid paying for your losses. Our motorcycle accident lawyers can help gather and present evidence in support of your case. Additionally, we will work diligently to discredit any of the opposing party’s arguments. That way, you may acquire the maximum amount of monetary damages available to you.

Motorcycle Helmet Law in Atlanta, GA

According to O.C.G.A. § 40-6-315, you must always wear a helmet when wearing or riding a motorcycle in Georgia.

First, you should seek to obey this law for your own safety. Wearing a helmet has proven to reduce the risk of traumatic brain injuries during motorcycle crashes. Furthermore, the failure to wear a helmet may decrease the value of your potential lawsuit. For instance, if you suffered head injuries during your crash but were not wearing a helmet at the time, then the defendant in your case may assert that you were contributorily negligent in causing the harm.

Evidence Used to Prove Fault for a Motorcycle Accident in Atlanta, GA

There are many types of evidence that may be used to prove fault in a motorcycle accident lawsuit. Support from our attorneys can be highly valuable when seeking to collect and preserve any of the following in your case:

Surveillance Recordings

Surveillance recordings can be used to show how events unfolded leading up to, during, and after a crash. They can be very convincing when proving fault. Further, they can come from many different sources. For example, a recording from a home’s doorbell camera may record a crash that occurs in a residential neighborhood. Further, a business’ security camera may provide footage of a collision in a nearby parking lot.

Those in control of relevant recordings may be reluctant to work with a plaintiff in a motorcycle accident case. Fortunately, our team can help locate and recover copies of any footage that may be useful to you.

Witness Statements

Like surveillance recordings, witness statements can be used to demonstrate how or why motorcycle accidents happened. Witnesses can provide both written and oral testimony in support of your claim. Accordingly, you should make sure you attempt to recover contact information for potential witnesses to your motorcycle collision. Our attorneys will provide guidance when reaching out for their possible support.

Your Personal Recollection

Additionally, your personal recollection of the motorcycle accident can be helpful to our team when proving fault. There are many minor details surrounding your crash that can become important during later stages of your case. By providing a detailed recollection of your collision to our attorneys, you may allow us to uncover additional evidence and establish a more convincing assertion of fault.

Photographs from the Scene

There are multiple ways that photographs from the scene of your motorcycle crash may be used to establish fault.

First, these photographs may be used to demonstrate why the accident happened. For instance, photographs of your crushed bike may prove that the other driver was speeding when they hit you. Additionally, photos of an open liquor bottle near the defendant’s vehicle may show that they were impaired when your collision occurred.

Moreover, photos from the scene may discredit the defendant’s alternative theories. For instance, the opposing party in your case may argue that your accident was caused by dangerous weather conditions, as opposed to their negligence. In that case, photos from the scene showing clear weather could be used to discredit their argument.

You should always attempt to take photos at the scene of your motorcycle accident if you can. Also, you should bring them with you to your free case review.

Expert Witness Statements

Expert witnesses are witnesses who have an extensive degree of experience, training, and education in their specific fields. They may be used to explain complicated theories of fault. For instance, an engineering expert may be called on to explain how a defective vehicle part contributed to a motorcycle crash. Further, an accident reconstruction expert may offer testimony explaining which driver is to blame for a collision at an intersection.