Representing Motorcycle Accident Victims in East Point
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East Point Motorcycle Accident Lawyer
According to the National Highway Traffic Safety Administration, motorcyclists are 24 times more likely to be killed in a collision than occupants of larger vehicles. Motorcyclists have the same right to file a claim after a crash when someone else caused their injuries. Unfortunately, bikers face more challenges when filing a claim, including insurer bias. If you have been hurt, our East Point motorcycle accident lawyer can provide the advice you need to obtain the settlement you deserve from your motorcycle accident lawsuit.
What to Do After a Motorcycle Accident
Motorcycle accidents are very traumatic. Still, if you are able, there is important evidence to collect at the scene. Take photos and video footage of the accident scene as a whole, your injuries, and the damage to any vehicles involved. Also try to locate witnesses and ask them for their names and contact information. Report the crash so law enforcement will write and file an accident report, which can be helpful in your motorcycle accident claim. Lastly, but certainly not least, seek medical attention as soon as you can, whether that is from paramedics on the scene or in an emergency room afterward.
You will have to communicate with your own insurer, and the company representing the liable party. Never do this on your own. Instead, contact an East Point motorcycle accident lawyer who can speak to them on your behalf. The insurance company will try to take your words out of context and use them against you. Our East Point motorcycle accident lawyers will not allow this to happen.
How are Motorcycle Accidents Different from Car Crashes?
Sadly, bias on the part of insurance companies is not the only unique challenge motorcycle accident cases present. Motorcyclists do not have the same protection as drivers of passenger vehicles. Cars and trucks are equipped with a great deal more safety features than motorcycles. They have air bags, seat belts, and perhaps most importantly, a strong steel frame. Motorcycles have little more than clothing and a helmet to protect them in the event of a crash. This causes them to sustain some of the most serious injuries.
Additionally, the majority of motorcycles have just two wheels. This makes them much more unstable than cars and trucks on the road. In hazardous conditions, it is very easy for bikers to lose control of their motorcycle. When they are involved in a motorcycle crash, they can also be thrown from the bike, resulting in secondary motorcycle accident injuries.
What Causes Motorcycle Accidents in East Point?
The majority of motorcycle accidents in East Point are caused by negligent drivers. Negligence can take many forms, including:
- Distracted driving
- Speeding
- Impaired driving
- Failing to yield
- Improper lane changes
- Drowsy driving
- Dooring
- Failure to comply with traffic law
- Aggressive and reckless driving
- Tailgating
Of course, not all motorcycle accidents and severe injuries are caused by other drivers. Defective motorcycles and defective motorcycle parts are also responsible for some crashes. Poor road design and improperly maintained roads are also common causes of motorcycle accidents.
Determining Liability After a Motorcycle Accident With an East Point Motorcycle Accident Attorney
Determining who is liable, or at fault, for a motorcycle accident is never easy. Other drivers can be held liable when they act negligently and cause a crash. Due to the fact that Georgia is a tort state, you must file a claim with the liable driver’s insurance company to claim damages for your motorcycle accident injury and other losses.
When manufacturers, sellers, or distributors release defective or faulty motorcycles and other equipment onto the market, they can also be held liable to the motorcycle accident victim. Government entities responsible for designing and maintaining roads can also be held liable when they have not performed their job properly, and it results in motorcycle crashes.
East Point, like all of Georgia, is governed by a legal concept known as comparative negligence. Under this law, you can still file a claim even if you contributed to the crash with your motorcycle accident attorneys. However, if you are 50 percent or more at fault for the crash, you are barred from claiming any compensation at all. If you are less than 50 percent to blame and file a claim for compensation, any damages you receive will be reduced by your same percentage of fault.
Damages Available in Motorcycle Accident Claims
The legal term for the financial compensation you receive in a motorcycle accident claim is ‘damages’. No one can determine the total amount of damages you may receive in a motorcycle accident claim without first fully reviewing the facts of your case. Still, there are guidelines you can follow to determine what damages you are entitled to. The most common types of compensation awarded in these cases are as follows:
- Medical expenses
- Lost income, including employment benefits, vacation pay, and sick pay
- Loss of earning capacity, if you are unable to return to work to the same line of work again
- The cost to repair or replace your motorcycle
- Pain and suffering
- Permanent disability
- Loss of consortium
- Diminished quality of life
In rare cases, punitive damages may also be awarded. Unlike the above types of damages, punitive damages are not meant to compensate motorcycle accident victims for their injuries and other losses. Instead, they are meant to punish negligent individuals and deter them from acting in the same manner in the future. Punitive damages are only awarded when the defendant acted with malice, willful misconduct, wantonness, fraud, or oppression. For example, if a driver exhibited road rage and, driving aggressively, purposely crashed into a motorcyclist, this could be enough for punitive damages to be awarded.
Contact Our Motorcycle Accident Lawyer Representing East Point Residents Today
A motorcycle accident will have devastating impacts on you in the weeks, months, and potentially even years to come. At Ponton Law, our East Point motorcycle accident lawyer can help in the aftermath. Our experienced attorney will handle all of the legal details of your case, ensure your rights are upheld, and negotiate for the fair settlement you deserve. We do all of this so you can focus on making a full recovery. Call our experienced motorcycle accident lawyer now at (404) 445-1403 or contact us online to schedule a free case evaluation and to learn more about how we can help with your personal injury claim.