East Cobb Motorcycle Accident Lawyers

Motorcycles may only represent a fraction of the vehicles that travel Cobb County’s streets each day. Yet motorcycle accidents are far more likely to result in death or serious injury. The State of Georgia’s own figures show that while motorcycles are involved in 1 percent of all motor vehicle crashes, they constitute 15 percent of all driver fatalities.

The East Cobb motorcycle accidents attorneys at Ponton Law can represent you in seeking compensation following a serious motorcycle accident. Whether you are the injured motorcyclist, motorcycle passenger, or a family member of a deceased victim, we can fully investigate the causes of your accident and represent you in dealing with the responsible parties and their insurance company. Call us today to schedule a free, no-obligation initial consultation.

Motorcycle Accidents in East Cobb Have Serious Consequences

Anyone who has ever ridden a motorcycle understands the safety risks. A motorcycle has no doors, bumpers, or airbags to protect the rider against a sudden impact with another vehicle. It is therefore quite common for motorcycle accidents in East Cobb to cause serious injuries to motorcyclists, including road rash, concussions (traumatic brain injury), multiple facial and bone fractures, spinal cord damage and paralysis, and in the worst cases, death.

And while a motorcycle accident can happen for many reasons, the negligence of another driver or third party is often the culprit. Some of the more common causes of Cobb County motorcycle accidents that we see at Ponton Law include:

• excessive speeding;
• a driver running a red light or stop sign;
• a driver making a sudden left turn without checking for approaching or passing motorcycles;
• a driver tailgating a motorcycle;
• a distracted or fatigued driver; and
• a driver operating under the influence of alcohol or drugs.

Remember, you do not have to prove that a driver committed a crime or intended to harm you to seek compensation for a motorcycle accident. Georgia law only requires proof of the driver’s negligence–i.e., a failure to observe a duty of care to operate their vehicle in a reasonably safe manner. A driver cannot avoid liability for a motorcycle accident by simply arguing, “I never saw the motorcycle!” or “I never intended to hit anyone!”

Your Responsibilities as a Motorcyclist in East Cobb, Georgia

While a driver cannot avoid liability for hitting a motorcycle by pleading ignorance, they can try to shift the blame for the accident to the motorcycle operator. Georgia follows a “modified comparative fault” rule in motorcycle accident cases. In short, if your case goes to trial, the jury must apportion relative fault between all parties involved in the accident. This is done by assigning a percentage of blame. Any award of compensation must then, by law, be reduced in accordance with your percentage of the fault. And if you are found 50 percent or more at fault, then you recover nothing, even if the negligent driver was still found 49 percent responsible.

Given the modified comparative fault rule, you need to be aware of your responsibilities when operating a motorcycle in Georgia, This includes observing the following legal requirements:

• Licensing: Georgia requires all motorcyclists in the state to obtain a Class M endorsement on their driver’s license or a Class M instructional permit. You can also use a valid motorcycle license or endorsement issued by another state.
• Helmets: Unlike other states such as Florida, Georgia has fairly strict motorcycle helmet laws. The state requires all motorcycle operators, regardless of age, to wear a safety helmet that meets U.S. Department of Transportation standards. Keep in mind, wearing a helmet is one of the best ways to reduce the risk of sustaining a traumatic brain injury in a motorcycle accident.
• Reporting: State law requires you to report any motorcycle accident that results in physical injuries to anyone involved. Indeed, it is always in your interest to report an accident, as a police officer can attend the scene and prepare an official report. This accident report often provides valuable evidence when seeking compensation from a negligent driver and their insurance company.

What Compensation Is Available Following an East Cobb, Georgia Motorcycle Accident?

In a personal injury lawsuit, the injured party is allowed to seek financial compensation known as damages. This includes both your out-of-pocket losses as well as more intangible losses referred to as non-economic damages. Some common types of damages that we seek in motorcycle accident cases include:

• the costs of emergency medical care, including ambulance transport;
• the costs of providing all post-accident care, including surgery, hospital bills, and medications;
• the costs of obtaining physical rehabilitation;
• all estimated future medical costs and rehabilitation expenses;
• the costs of repairing or replacing a damaged motorcycle and other personal property;
• compensation for pain and suffering and emotional anguish;
• compensation for permanent scarring or disfigurement; and
• if the victim dies, compensation to their family for the wrongful death.

How Long Do I Have to Seek Compensation Following a Motorcycle Accident in East Cobb, Georgia?

Like all personal injury claims governed by Georgia law, there is a strict filing deadline known as the statute of limitations. For motorcycle and other motor vehicle accidents, the statute of limitations is just 2 years. In most cases, this 2-year clock starts to tick on the date of your accident. And while you might think that 2 years is more than enough time, it is important to understand that investigating and reconstructing a motorcycle accident often takes months of research and other preliminary work. So it is critical not to delay in beginning the process.

Your first step should always be to speak with a qualified East Cobb motorcycle accidents attorney. Contact an East Cobb motorcycle crash lawyer today at Ponton Law to schedule a no-cost, no strings attached consultation. We represent motorcycle accident victims in East Cobb and throughout Cobb County, Georgia. Call for a free consultation.