Roswell, GA Motorcycle Accident Lawyer

In a motorcycle accident, you could face serious injuries.  The other driver should be held responsible if they did anything wrong to cause your crash, but defendants and insurance companies in these cases often try to reverse the blame and say that the motorcycle rider was at fault.

In these cases, it is important to have a lawyer on your side who can represent you in negotiations with the defense/their insurance companies and stand up for you in court.  Our lawyers can investigate your case, determine fault, calculate damages, and fight to get you the win you deserve.

For a free review of your motorcycle accident case, call the motorcycle accident lawyers at Rice, Murtha & Psoras today at (470) 287-3070.

Common Causes of Motorcycle Accidents in Roswell, GA

Motorcycle crashes can happen for many reasons, most of which are also common causes of any other type of auto accident.  For example, if the other driver was driving drunk, speeding, or texting while driving, the accident could be their fault.  They could also be blamed for a crash where they failed to yield while making a left turn, ran a red light, or did something else dangerous behind the wheel.

There are, however, other motorcycle accidents that more heavily involve the fact that you were on a motorcycle and not in another car.  Drivers often fail to look for motorcycles, making them at fault when their inattention causes them to change lanes directly into your bike or to turn across your path of travel without realizing you were there.  Sometimes motorists are even more hostile toward motorcycle riders, and they actively try to overrun them, run them off the road, or pass them in their lane, which are all incredibly dangerous things our motorcycle accident lawyers can help you sue for.

Defending Against Victim Blaming in Roswell, GA Motorcycle Accident Cases

In any auto accident, there are at least two sides to the story: the defendant has one story and the victim has another.  In many cases, what the victim says is true: the defendant hit them, ran a red light, or did whatever else they did to cause the crash.  However, defendants hope that they can win the case and avoid paying damages by blaming you for the accident instead, and motorcycle riders often get a lot more blame than they legally deserve.  Our lawyers can stand up against this kind of victim blaming in a few ways.

First, blaming a motorcyclist for simply riding a motorcycle is not a valid argument.  Motorcycles are legal in Georgia, and it is not necessarily dangerous to ride a motorcycle – that is, until someone crashes into you.  However, the choice of a vehicle with fewer safety features cannot be used against you; the blame is placed on the person who did something wrong, and there is nothing wrong with riding a motorcycle.

Second, the only safety gear required of you on a motorcycle is a helmet with a visor or eye protection.  Therefore, the defense should not argue that you were being unsafe by failing to wear something like a full suit of armor on your motorcycle.

Lastly, defendants often blame motorcycle riders for their actions on the road.  If you were doing something dangerous like swerving between cars or driving at excessive speeds, this certainly can reduce your damages and potentially cause you to lose your case.  However, you can still recover damages – albeit reduced in value – as long as you were under 50% at fault for the crash.

Damages for Injured Motorcycle Riders in Roswell, GA

After an accident, you could be facing several areas of damages that you can seek compensation for.  In many cases, the defendant’s insurance will be the main source of these damages, but you can go after their insurance money in an insurance claim or by suing the defendant in court and letting their insurance company pay off the award.  Usually, defendants do not have the money to pay out of pocket for the damages you cause them, so you are often limited to collecting their insurance’s maximum amount.

Medical Bills

The first area of damages is for medical expenses and other care costs related to the accident.  You can recover for hospital stays, surgeries, doctor’s visits, mental health appointments, physical therapy, and more.

Lost Earnings

Second, you can get compensation for any wages you lost or future earning capacity you lost because of the injuries.  Although your accident might have had nothing to do with your job, the fact that you can no longer work (at least for a limited time) is the defendant’s fault, and they should issue payment for these losses.

Pain and Suffering

Pain and suffering, along with other intangible damages like emotional distress and mental anguish, often have different names.  Georgia calls them “general damages” because they flow generally from any injury.  Under Georgia law, you do not actually need to prove the amount; you just incorporate a reasonable calculation for these damages into your claim.  These damages are also called “non-economic damages” because they are paid for things that have no economic or monetary value, as compared to medical bills and lost wages, which are based on bills and other economic amounts.

Other Economic Damages

Aside from medical bills and lost earnings, there might be other “economic damages” you can claim, like the cost of repairing or replacing your motorcycle or the cost of household services you need to hire out because you cannot do them yourself anymore.

Punitive Damages

Although these damages are rare and are reserved only for cases involving serious fault above negligence, you can sometimes get additional damages to punish the defendant.  These damages do not pay you back but rather make the defendant pay for what they did.

Call Our Motorcycle Accident Attorneys in Roswell, GA for Help

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