Loganville Motorcycle Accident Attorneys
For motorcyclists, there are few feelings as thrilling as hitting the open road. Unfortunately, all bikers face significant risks while they are on the road, even those with a great deal of experience. Motorcyclists know this and so, they take the necessary precautions to ensure they stay safe. It is very difficult to convince juries and insurance companies of this, though. However, this is a necessary step to ensure that you receive the full compensation you deserve. Our Loganville motorcycle accident lawyer can help you overcome the obstacles these cases present from the accident scene.
Common Motorcycle Accident Injuries in Loganville, GA
Bikers are very vulnerable when they are on the roads. They do not have the same protections as drivers, such as a strong steel frame around them, airbags, and seatbelts. Due to this, motorcyclists suffer some of the most severe injuries when they are involved in a motorcycle crash. The most common of these are as follows:
- Internal injuries: Due to the lack of protection and the fact that motorcyclists are often thrown from their bike, internal injuries are very common during motorcycle accidents. Damage to internal organs and internal bleeding are injuries that are often life-threatening.
- Traumatic brain injuries: Even though helmets are mandatory in Georgia, traumatic brain injuries are still very common after motorcycle accidents. These injuries are often life-changing and along with cognitive impairment, they can also cause depression and have a profound impact on the life of motorcycle accident victims.
- Neck, back, and spine injuries: Soft tissue trauma, vertebrae fractures, whiplash, and herniated discs are just a few of the most common injuries to the neck, back, and spinal cord injuries during a motorcycle accident. Paralysis, one of the most serious types of injuries, is also quite common in motorcycle accidents.
- Rib injury: Due to the fact that there is no airbag or seatbelt on a bike, rib injuries are very common after a motorcycle accident. Broken ribs are extremely painful, but they can also puncture important organs, such as the lungs, as well as major arteries.
The above are just a few types of physical injuries seen after motorcycle accidents. However, not all injuries are visible or cause physical pain. Emotional injuries are also quite common after a crash. For example, bikers may experience post-traumatic stress disorder (PTSD) after a crash. This can cause them to become fearful of getting back on their bike, even if they loved to ride before the accident.
How to Prove a Motorcycle Accident Claim With an Experienced Motorcycle Accident Lawyer
When filing a motorcycle accident claim, you must present strong evidence that supports your case. There are four elements of your claim you must prove and they are as follows:
- Duty of care: You must prove that the driver who crashed into you owed you a duty of care to act in a safe and reasonable manner. Proving duty of care is relatively straightforward, as everyone on the road is expected to operate their vehicle safely.
- Breach of duty: Proving a breach of duty means proving the negligent act that caused your crash. Common acts of negligence that cause motorcycle accidents are impaired driving, distracted driving, speeding, and dooring. Proving that another motorist breached their duty of care is much more difficult than establishing a duty of care.
- Causation: A negligent act on its own is not enough to file a motorcycle accident claim. You must also show a direct link between the negligent act and the accident that caused your injuries.
- Damages: Motorcycle accident claims are intended to compensate you for the losses you suffered during the crash. You must prove the extent of damages you suffered and accurately value them.
Proving the above elements is never easy. A Loganville motorcycle accident lawyer will know how to prove your case and help you obtain the full and fair damages that are rightfully yours from your motorcycle accident lawsuit.
Statute of Limitations in Motorcycle Accident Cases in Loganville, GA
All motorcycle accident claims in Georgia are governed by a statute of limitations, or time limit. Under the law, you have two years from the date of your accident to file your claim. If you do not file your claim within this time, you will likely lose your legal right to claim any damages at all. There are, however, some exceptions to the statute of limitations.
One of the most common exceptions to the law is known as the discovery rule. If you do not discover your injuries right away, you have two years from the date you discovered, or should have discovered, your injuries. For example, you may be involved in a crash you thought was very minor at the time. Only later, after experiencing significant neck pain, did you learn you suffered whiplash as a result of the accident. You would have two years from the date you discovered the whiplash to file a motorcycle accident injury lawsuit.
Accident victims must also have mental capacity to file a claim against their insurance companies. As such, people suffering from a mental condition and minors cannot take legal action. In these situations, accident victims have two years from the date they regain mental capacity, or two years from their 18th birthday, to file a claim with an experienced motorcycle accident attorney.
Lastly, cases involving defective products are governed by a statute of repose. Under this law, accident victims have ten years from the date of manufacture to file a motorcycle crash claim if their crash was caused by a defective product, such as a faulty braking system on a bike.
To ensure your claim is filed on time and to receive financial compensation, it is critical that you speak with a Loganville motorcycle accident lawyer from our motorcycle accident law firm as soon as possible after any crash for a free consultation for fair compensation.
Call Our Motorcycle Accident Attorney in Loganville for a Free Case Review
After an accident on their bike, motorcycle riders will suffer some of the most serious injuries. As you recover is not the time to handle the legal details of filing a personal injury claim or worrying about medical bills or medical expenses. At Ponton Law, our Loganville motorcycle accident lawyer and personal injury lawyer from our legal team can ensure your claim is filed properly and on time so you obtain the full and fair damages you deserve. For proper legal representation, call our personal injury attorneys now at 404-418-8507 or fill out our online form to schedule a free review of your Loganville motorcycle accident claim and to help you through this legal process.