Smyrna Motorcycle Accidents Attorney
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There are approximately 4,000 motorcycle accidents reported each year in Georgia. According to the state’s official statistics, hundreds of motorcyclists sustain serious injuries in these crashes. And roughly 1 out of every 5 fatalities in Georgia motor vehicle accidents are motorcyclists.
Even when a motorcyclist or rider survives an accident, they are often left to deal with thousands of dollars in medical bills and other financial and non-financial losses. At Ponton Law, our experienced Smyrna motorcycle accidents attorney can assist you in seeking compensation from the parties responsible for your crash. We understand that negligent motorists are a leading cause of motorcycle crashes in Cobb County. And we will expend every effort on your behalf to obtain civil justice for you and your family.
What Are the Most Common Causes of Motorcycle Accidents in Smyrna, Georgia?
The appeal of riding a motorcycle is the freedom of traveling in the open air. Of course, that is also its biggest risk. Motorcyclists and their passengers lack the protections afforded by an enclosed passenger vehicle such as a car or truck. This makes motorcyclists especially vulnerable to collisions caused by those larger motor vehicles.
Some examples of reckless motorists causing a motorcycle accident include:
- Left Turns: One of the most common motorcycle accident scenarios in Cobb County is where a car or truck makes a left-hand turn and strikes an oncoming or passing motorcycle. Many motorists fail to keep an eye out for motorcycles–especially in blind spots–and simply turn without even realizing there is another vehicle in their path. In most cases, the left-turn driver is legally at-fault for failing to yield the right of way to the motorcycle.
- Head-On Collisions: If a car or truck veers out of its lane and into the opposing lane, it can lead to a deadly head-on collision with a motorcycle. Such accidents are often the result of drunk, fatigued, or otherwise impaired driving.
- Excessive Speed: Drivers are often in a hurry to get somewhere. In doing so, they often consider the posted speed limits more of a “suggestion” than a rule. Unfortunately, a driver traveling at excessive speed is less able to avoid other objects on the road, especially much smaller motorcycles.
- Defective Equipment: Some motorcycle accidents are the result of a defect in the bike itself or one of its many components. In such cases, the manufacturer or a business that serviced the motorcycle may be held responsible for a resulting accident under Georgia’s product liability laws.
- Road Conditions: Motorcycles are not just more vulnerable to bad drivers; they are also at greater risk of an accident due to poor road conditions. If a motorcycle accident victim can show their injuries were the result of a state or local government’s failure to properly maintain its roads, they may have a claim for compensation.
What If the Defendant Blames the Motorcyclist for an Accident?
Georgia is an “at-fault” state when it comes to motorcycle accidents. This means that if your accident was the result of a negligent driver or other party, you have the right to demand full compensation for your injuries. At the same time, however, Georgia also employs a “modified comparative fault” rule in determining negligence. What this means is that the defendant can try and shift some–or all–of the blame to you for the crash.
For example, if you were riding your motorcycle while under the influence of alcohol, a judge or jury could consider that as a factor in assigning some of the fault to you, even if the other driver was also negligent. The court can also look at factors such as whether or not you were wearing a helmet–which is mandatory under Georgia law–or had a proper motorcycle endorsement on your driver’s license.
Fortunately, even under comparative fault, you can still recover some compensation so long as you were less than 50 percent responsible.
What Compensation Can I Seek Following a Motorcycle Accident in Smyrna, Georgia?
Even when a motorcyclist or passenger wears appropriate protective equipment, there is still a strong chance that motorcycle accident victims will sustain serious–and potentially fatal–injuries in a crash. Some of the more common non-fatal injuries that we see at Ponton Law include:
- biker’s arm
- facial injuries
- foot and leg injuries
- muscle damage
- spinal cord injuries
- traumatic brain injuries
Through a Georgia personal injury lawsuit, a motorcycle accident victim can seek compensation for not only their medical bills arising from the types of injuries listed above, but also their emotional trauma, pain and suffering, and other damages that are difficult to quantify. Victims can also seek reimbursement for their loss of income–i.e., the money they lost if they are unable to work following the accident–and even the permanent decline in their earning capacity.
Wrongful Death and Motorcycle Accidents in Smyrna, Georgia
If a motorcyclist or motorcycle passenger dies as the result of their injuries sustained in an accident, the surviving spouse, children, parents, or executor of the victim can file what is known as a wrongful death lawsuit. Through such a claim, the victim’s estate and surviving family can seek reimbursement for the victim’s final medical, funeral, and burial costs, as well as financial compensation for the value of the victim’s life. The family can also seek compensation for their own loss of the victim’s companionship and consortium.
Contact Our Smyrna, Georgia Motorcycle Accident Lawyer Today
A motorcycle accident is a traumatic event for everyone involved. Victims often require months, if not years, of physical rehabilitation and therapy before they can start to resume a normal life. And many victims never fully recover. So if your motorcycle accident was the result of someone else’s reckless or irresponsible conduct, you should not hesitate to take legal action and assert your right to demand compensation.
At Ponton Law, we pride ourselves on being advocates for the victim of preventable motorcycle accidents. If you or a loved one needs to speak with an experienced Smyrna motorcycle accident attorney, contact a Smyrna motorcycle crash lawyer today to schedule a no-cost, no strings attached consultation. We represent motorcycle accident victims in Smyrna and throughout Cobb County. Call for a free consultation.