Motorcycle riders often receive an unfair reputation for being risk-taking speedsters, but this is not entirely accurate. While motorcycle accidents can be extremely dangerous, many such accidents happen because of negligent drivers in cars, not motorcycle riders. If you were hurt in a motorcycle crash, an attorney can help you sue the other driver for damages.
You might have multiple legal options for financial compensation after a motorcycle accident, including, but not limited to, insurance claims, lawsuits, and private settlements. Motorcycle riders are especially vulnerable in accidents since they are not protected inside an enclosed vehicle. As such, damages tend to be substantial. Your damages may account for medical costs, property damage, the loss of income if you cannot work due to injuries, and more. Although people are often quick to blame motorcycle riders, other drivers in cars are often negligent and cause these accidents.
Get a free, confidential claim review from our motorcycle accident attorneys by calling Rice Law at (470) 287-3070.
Dealing with Insurance After a Motorcycle Crash
Motorcycle riders must have auto insurance just like any other driver in Georgia. As such, after a motorcycle accident, riders can file insurance claims to hopefully get the compensation they need.
Georgia follows a fault-based insurance system where drivers typically file third-party claims with the other person’s insurance. To get compensation, you must prove to the insurance company that the other driver is at fault for the crash. This requires presenting evidence, and insurance companies often request a copy of the police report.
Unfortunately, not all drivers carry auto insurance. In other cases, they might have insurance, but your damages exceed their policy limits, and you might be unable to get everything you need. In those cases, our motorcycle accident attorneys can help you file claims with your uninsured or underinsured motorist coverage.
Auto insurance does not always work out for everyone, and we might need to explore other options. You might find that a lawsuit is likely to get you what you need, and our attorneys are here to help.
How to File a Civil Injury Case for a Motorcycle Accident in Chamblee
Motorcycle accidents can be extremely dangerous and may lead to severe injuries. You may be entitled to financial compensation, and a lawyer can help you get a case started.
Your first step is to contact a lawyer. Many accident victims hesitate to call a lawyer because they are unsure of making a serious commitment to legal action. Rest assured, you can meet with an attorney and discuss your case without committing to anything.
Your lawyer can help you begin by advising you of the legal options available and determining the best path to take.
If you decide to file a personal injury lawsuit, your lawyer should help you draft a complaint, a formal legal document that initiates the lawsuit. It should contain lengthy details about the accident, your damages, and evidence to support your case. A good complaint requires time to prepare, and you should consult with an attorney as soon as possible.
To officially kickstart your case, we must file the complaint with the court and serve notice of the case to the defendant. Serving notice is absolutely crucial and must be done according to strict laws. If the defendant is not notified or they are notified in a way that does not comply with legal requirements, the entire case could be thrown out.
Damages in Motorcycle Accidents
Damages in a civil injury case should account for the plaintiff’s losses, injuries, and painful experiences. In motorcycle accidents, damages can be very high, and a lot of compensation might be at stake.
Economic Damages
Your economic damages involve how the motorcycle accident took a financial toll on your life. One of the biggest sources of economic damages is medical care. Victims of motorcycle accidents are often badly hurt. They are not protected inside enclosed vehicles and tend to be more vulnerable to injuries. As such, you might need more extensive care, and your medical costs will be higher.
You might incur various other costs because of the accident. You may claim the cost of repairing or replacing your motorcycle, which might be quite high. You can also claim lost income if your injuries prevent you from returning to work.
Non-Economic Damages
Many other damages are not based on monetary costs but are more subjective and unique to each plaintiff. You may claim non-economic damages for mental distress, physical pain, humiliation, the loss of enjoyment of your life, and the psychological trauma of the accident. Again, these damages are highly subjective, and the jury usually has the final say on what they are worth.
Punitive Damages
In certain cases, plaintiffs might be eligible for punitive damages, which are designed to punish defendants for extremely bad behavior. According to O.C.G.A. § 51-12-5.1(b), the court may award punitive damages if we prove by “clear and convincing evidence” that the defendant caused the motorcycle accident with malice, willful misconduct, wantonness, fraud, oppression, or such a lack of care as to raise a legal presumption that the defendant had a conscious indifference to the consequences of their actions.
How Negligent Drivers Cause Motorcycle Accidents
We must determine how the defendant caused the accident so we can figure out where we can find evidence and how we can use it to prove your claims.
A major factor in many motorcycle accidents is driver inattention. Other drivers often do not look out for motorcycles and do not notice them even when they are right in front of them. As such, many motorcycle riders are injured in preventable accidents.
Another major factor is speed. Speed can be incredibly dangerous for motorcycle riders. They are often not protected within enclosed vehicles and may be very vulnerable if struck at a high rate of speed.
Many victims are injured because they are easily concealed in a driver’s blind spot. Motorcycles are smaller than other vehicles and may be more easily concealed. Drivers might not check blind spots and accidentally hit a motorcycle rider.
Ask Our Chamblee Motorcycle Accident Lawyers
Get a free, confidential claim review from our motorcycle accident attorneys by calling Rice Law at (470) 287-3070.