Kennesaw Motorcycle Accident Lawyer

Motorcycle riders love their hobby, and the vast majority ride safely in Kennesaw. Unfortunately, negligent drivers often cause accidents only to turn around and blame the rider.

Our lawyers can help you fight unfair accusations that you caused your motorcycle accident by proving your lawsuit. Many accidents are caused by others on the road, but some are caused by defendants not even on the scene, like motorcycle manufacturers. Regardless, we will help you prove your claim by getting your police report, medical records, and witness testimony. The more evidence we have, the more likely you will recover all your damages. Defendants can save money by arguing you contributed to your accident. Evidence can contradict these claims, lending your statements more credibility.

For a free assessment of your case from our Marietta, GA motorcycle accident lawyers, call Rice, Murtha & Psoras at (470) 287-3070.

Typical Ways Motorcycle Accidents Occur in Kennesaw, GA

Riders know Kennesaw for its tranquil, rural scenery, but negligent drivers can cause accidents here the same way they do anywhere else in Georgia. When you are injured in a crash, you might know how the driver caused the accident. In many other cases, motorcyclists do not see exactly what the other driver did to cause the accident. Our motorcycle accident attorneys can help determine who caused the crash, how they caused it, and what evidence you need to prove it. While negligent drivers are responsible for a majority of motorcycle accidents, other parties might have contributed to your injuries.

Some causes are fairly obvious if you noticed the driver before the accident. For instance, if a driver was tailgating you and ultimately rear-ended you, their negligence is clear. Similarly, a driver might have merged into your lane because they did not check their blind spots, either hitting or running you off the road. Speeding drivers cause many other accidents, although you might not know how fast they are going. If multiple drivers contributed to the crash, we will sue each one to determine what each driver did.

Defective motorcycles and motorcycle parts also cause some of the accidents in Kennesaw. These cases are incredibly challenging for victims because you will likely not know how your bike is defective. You might know the brakes did not work before the accident, but not the root cause. Our team will investigate the motorcycle’s designer and manufacturer to determine the type of mistake committed and who should be held accountable.

Some motorcycle accidents only involve the rider, yet someone else is still to blame. For example, poor road conditions that the county or state should have repaired could be to blame, or construction equipment was negligently left on Cobb Parkway by a state construction crew. In these circumstances, we might not know the government employee to sue, which is irrelevant since we would only file your lawsuit against the government agency responsible for the area or condition that injured you.

Proving Your Lawsuit After Your Motorcycle Accident in Kennesaw, GA

To recover compensation, we must prove your case with evidence, and evidence typically comes from many places. We usually start by reviewing the police crash report as we collect your medical records. The police report will provide many important details, like the other driver’s contact and insurance information. Once we have your medical records, we can see the extent of your injuries and assess other damages, like pain and suffering.

Pictures can also be incredibly useful in proving your claim. If you were not incapacitated by the accident, take photos of your damaged motorcycle, the other driver’s vehicle, the street, and your injuries. We will also investigate the scene soon after for surveillance cameras that might have recorded the crash. Perhaps you had a camera attached to your helmet, as many riders do now. That footage is relevant and can be submitted as evidence of liability.

We also want witnesses to provide statements. If you did not speak to anyone on the scene, we can get their information from your police report and contact them.

Recovering Damages When You Are Blamed for a Kennesaw, GA Motorcycle Accident

Outside of police reports and medical records, much of the evidence for a claim boils down to the victim’s word against the defendant’s. This leaves room for a negligent driver to argue that the rider caused the accident, either in part or totally. This is a problem for riders because negative stereotypes can be used against them if they pursue compensation alone. Our team will ensure your case is decided on the facts from the evidence above.

We need to get ahead of the defendant’s blame game since it can cost you money under Georgia’s comparative negligence law. According to O.C.G.A. § 51-12-33, you will be barred from recovering compensation if you are 50% or more to blame for the accident or injuries. This means you can still recover compensation even if you are somewhat at fault, but what you get back will be reduced by the percentage of blame you share. If you were found to be 20% to blame, your compensation total would be reduced by that percentage.

The fact that you were riding a motorcycle does not contribute to the accident, no matter how dangerous the other side argues it is. Riding a motorcycle is perfectly legal, so it cannot be evidence of negligence. They can argue that you acted unreasonably on your bike, like lane-splitting or weaving between lanes. However, they must still prove this.

While you are not legally required to wear certain types of riding gear, riders must wear a helmet with eye protection under § 40-6-315. If you were not wearing a helmet during the accident, you risk much more serious injuries or death, and the defendant is sure to use that against you.