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Metro Atlanta Motorcycle Accident Lawyer

Atlanta Motorcycle Accident Lawyer

Motorcycle Accidents in Atlanta

  • Motorcyclists made up 3% of all registered vehicles in the United States in 2016. Often times the injuries that result from motorcycle accidents are more severe than car or truck accidents. Because of the increased danger, a victim’s motorcycle accident injury is often grave, sometimes resulting in traumatic brain injury, spinal cord injury, or even a fatal motorcycle accident. On a motorcycle your body is not protected by a metal frame weighing thousands of pounds and airbags simply do not exist. The majority of motorcycle accidents happen because drivers fail to keep a lookout for motorcyclists on the road.
  • According to the NHTSA, in 2016 there were 5,286 motorcyclists killed in motor vehicle traffic crashes. In the same year, motorcyclists were 14% of all traffic fatalities nationwide. In Georgia, there were 167 motorcycle riders killed in 2016.
  • Our Atlanta motorcycle accident attorney is familiar with the dynamics of a motorcycle accident on an interstate like I-85 compared to one that occurs at a low speed at an intersection. Unfortunately other motorists often show little regard to the safety of motorcyclists on the road. Sometimes the wanton nature of the motorists disregard for the safety of motorists is so extreme that it merits an punitive damages.

How does a a Plaintiff prove liability in a motorcycle crash?

  • To prove that the other party was at fault for the collision, the motorcyclist victim must show that the other party was negligent and that such negligence was the cause of the crash and the injuries of the victim. Lawyers use evidence to prove fault. The Georgia uniform crash report will be a key piece of evidence. Normally the responding police officer will assign fault to a party involved in the crash.
  • Even if you were partially at fault for the crash, you may still be able to recover compensation for your injuries. Georgia is what is known as a modified comparative negligence state. This means that you can still recover compensation for your injuries so long as you are not a greater percentage of fault than the other party involved, or if multiple parties are involved, so long as you are not a greater percentage at fault than that of the proportion of all other at fault parties. If you are found to be at some percentage of fault, your recoverable damages will be reduced by your percentage of fault. These rules are embodied in O.C.G.A. §51-12-33.


Types of Damages in a Motorcycle Accident

  • Apart from money for the damage to your bike, you may be entitled to general and special damages as a motorcycle crash victim. General damages are more commonly known as pain and suffering. Special damages include medical costs and lost wages. Remember, insurance companies do not have your best interest at heart. They care about one thing: paying as little as possible in every claim.
  • Motorcycle riders are more vulnerable to injuries than they would be if riding in a car because they are not shielded from the protective frame that a car offers its passengers. Some of the injuries that our lawyer handles include:
  • Road rash
  • Whiplash
  • Neurological damage
  • Broken bones
  • Burns
  • Severe spinal injuries
  • Amputations
  • Wrongful death or fatal motorcycle accident
  • Psychological injuries
  • In a motorcycle accident case, we consider all possible causes of the crash and do not shy away from big time defendants. Our Georgia motorcycle accident lawyer works relentlessly to identify all potential defendants. Sometimes your crash may have occurred because of a defective product made by the motorcycle manufacturer, safety equipment manufacturer, or motorcycle repair company. In such a case, you may have a product liability case.
  • If you have been involved in a motorcycle crash, the danger does not end there. When pursuing your rights with an insurance company, they may try to paint you as a rebel or risk taker. This is simply a tactic to deflect responsibility from the at-fault driver and make it seem like the crash was somehow the motorcyclists fault.

Common Causes of Motorcycle Wrecks in Atlanta

Unfortunately motorcyclists in Atlanta do not always get the respect they deserve from other motorists on Atlanta roadways. Motorcycle accidents have a pattern of occurring in a similar fashion, with there being a few common causes.

Unsafe lane changes-Often times drivers fail to check their blind spots when changing lanes. Because motorcycles have a narrow profile compared to a car or truck, they are naturally more difficult to see than other vehicles. However, this does not mean that motorcyclists have any less right to be on the road. When an improper lane change occurs, the motorcyclist often has nowhere to escape to, and may collide with the vehicle, a barrier, another car, or leave the road completely.

Distracted Driving-Since cellular telephones have come into wide use over the last two decades, the rate of distracted driving crashes has drastically increased. Motorcyclists were already vulnerable to traffic collisions more so than motorists, and distracted driving has only increased the danger.

Cars or trucks making left hand turns-these types of motorcycle crashes usually occur at intersections with traffic lights. A rider is proceeding straight through an intersection, and truck or in the opposite direction of traffic makes a left turn into the intersection, directly into the path of traffic of the rider. These crashes often produce violent results.

Sometimes motorcycle accidents occur even without contact between the motorist and the motorcyclist. Often times, negligent acts by drivers force motorcyclists to make evasive emergency maneuvers, leading to accidents that produce catastrophic injury.

Fatalities in Atlanta Motorcycle Accidents

When a motorcycle crash occurs, the rider is often thrown with great force off of his motorcycle onto the pavement. Sometimes the rider is thrown a great distances. Even when a rider is properly wearing a helmet, gloves, boots, jacket, and pants, the physics involved often result in a severe amount of force at the point of impact between the body of the rider and the object or surface that is struck.

In Georgia, when a motorcyclist is killed in a a motorcycle crash due to the negligence of another party, the family members of the deceased motorcyclist may have the right to file a wrongful death claim.

Who can bring a motorcycle accident wrongful death claim in Georgia?

In Georgia, the rules are specific on who is eligible to bring a wrongful death claim for the death of the deceased motorcycle crash victim. Determining who can bring the claim is a process of elimination. In the following order, these individuals may bring the wrongful death claim:

  • The spouse of the deceased motorcyclist (if they were married) is first in line to file a wrongful death claim. The spouse can also file a claim on behalf of any minor children of the deceased victim.;
  • Next in line to file a wrongful death claim are the surviving children, when the decedent is not survived by a spouse.;
  • If the deceased motorcycle rider did not have a surviving spouse and no children, his parents may bring the wrongful death claim.

According to the United States National Highway Traffic Safety Administration, “[p]er vehicle miles traveled in 2020, motorcyclists were about 28 times more likely than passenger vehicle occupants to die in a motor vehicle crash. . .” There is no denying the fatal danger that motorcyclists face.

Hiring a Motorcycle Accident Attorney

  • You should contact a qualified personal injury attorney as soon as possible after a motorcycle accident. Before you talk to any insurance company, it is best to consult with a personal injury attorney to understand your right. Our attorney is in a unique position to understand your experience since riding is one of his hobbies. If you are looking for an experienced motorcycle accident lawyer, there is no one better to hire for your motorcycle wreck than an experienced rider and lawyer.
  • Our personal injury lawyer is prepared to handle your personal injury claim to recover the maximum amount of economic damages including your medical expenses. At our law office, every case begins with a free consultation with our motorcycle accident lawyer during which time he will discuss with you your motorcycle accident case including your injury, your experience as a rider, and your medical treatment including medical bills.

During your free consultation the lawyer will discuss the personal injury law applicable to your motorcycle accident

  • As a motorcycle accident victim, you are suffering from severe injury because a motorist failed to abide by highway safety rules. The rules of the road govern all traffic accidents, and apply to drivers in a car accident, and a motorcycle rider as well. In virtually every motorcycle accident claim, (just as in a car crash), there will be an insurance company to deal with.

Paying for medical care following your Atlanta motorcycle accident

  • The injuries from motorcycle crashes are often catastrophic, resulting in severe injury. This means that often times the motorcycle rider victim requires extensive medical treatment. Sometimes a motorcycle accident victim may require medical treatment for years, or even the remainder of life.
  • Under Georgia personal injury law, an accident victim who can prove the at fault party’s negligence is entitled to special damages for medical bills incurred, as well as future medical bills. These damages must be proven with specificity. This requires that the motorcycle accident attorney consult with the appropriate experts to ascertain future medical expenses. This sometimes requires that the attorney involve the assistance of a life care planner. Your attorney will seek all compensation available for your medical bills.
  • The Atlanta personal injury lawyer will discuss with you how you intend to pay for your medical bills for treatment. In a motorcycle accident case where the injured motorcyclist does not have health insurance, your motorcycle accident lawyer may be able to assist you in securing funding to pay for your medical bills through a lien.
  • What is a lien? In this context, it means that your medical provider will apply the medical bills you incur as a debt on your motorcycle accident claim. This means that at the point that your motorcycle accident attorney settles your case, your outstanding medical bills will be paid back to your medical provider from the settlement proceeds.
  • Medpay may also be an option to pay for a motorcycle accident victim‘s medical expenses. Medpay is a term used to describe medical payments coverage that is sometimes included in an insurance policy that can be applied to pay for medical care following a traffic accident. Medpay will be the first place that your lawyer turns to when trying to assist you in paying for your medical expenses.

Will my lawyer file a lawsuit in my motorcycle personal injury case?

  • The motorcycle accident lawyer will also discuss with you the possibility that your case may be litigated. This means that the lawyer will discuss how a motorcycle accident lawsuit could be filed on your behalf. Normally the lawyer will try to settle your case first with the insurance company and obtain maximum compensation for you without a lawsuit being filed.

Motorcycle Accident Lawyer Fees in Atlanta

  • Don’t worry, hiring a personal injury lawyer will not cost you an arm and a leg. You do not pay any retainer fee and you do not receive monthly bills from the attorney. Almost all Atlanta motorcycle accident lawyers, including Justin Wolfe, work on a contingency fee basis.
  • What is a contingency fee? A contingency fee agreement is when you and your attorney agree that the attorney’s fee is dependent upon the outcome of your case. This means that the attorney does not get paid unless he recovers compensation for you.
  • The amount of compensation depends on many factors in a motorcycle personal injury case. Normally, the lawyer will always try to obtain the policy limits of the available insurance whenever the damage in the case merits such a recovery. If liability is not a question, the factor of the value of your damage depends primarily on your accident injuries.

What can a rider do to reduce the risk of injury from an Atlanta motorcycle accident?

Wear the appropriate clothing for motorcycle riding

The first step of motorcycle safety begins before getting on your motorcycle. What you wear can make a difference in the severity of your injuries. The first step is to start with a properly fitting helmet.

Web Bike World offers a very useful helmet buying guide that can be found here. You can also consult this article from the U.S. National Highway Traffic Safety Administration. If you already have a helmet, it is important to ensure it is still of sufficient quality to wear. If you have experienced a crash, you should no longer wear the helmet ever again. It is considered compromised. In 2021, only 64.9% of riders wore U.S. Department of Transportation compliant helmets. Wearing a helmet can save the life of a rider.

Proper footwear is also of great importance. Do not ever wear flip flops or open toed shoes to ride a motorcycle. Tennis shoes or sneakers are also inappropriate. Boots that cover your ankle are most ideal.

Wearing a t-shirt while on the open road on a motorcycle in the summer time may sound nice. But feeling the breeze on your torso does not outweigh the unnecessary dangers that are created by not wearing a jacket. A thick jacket is most appropriate to reduce exposure to road rash in the event of a crash.

Proper gloves are also important. Not only do gloves assist in protecting your hands in the event of a crash, they also ensure the ability to continue operating your motorcycle safely. When your hands begin to sweat, it can be difficult to maintain grip on the accelerator, brake, and clutch.

Make sure your motorcycle is ready to ride

Before riding, a motorcyclist should also make sure to go over the condition of his motorcycle, including the tires. Ensure that the tires have enough tread, and the appropriate pressure. An evasive maneuver to avoid a traffic accident can put tires to the test. Make sure you can rely on them.

If riding with a passenger, advise them of safety measures

If your passenger has never ridden a motorcycle before, make sure they understand the basics. For example, your passenger may not know that the muffler of the motorcycle becomes extremely hot during operation and can burn the passengers legs. Make sure your passenger knows to hold on to you firmly around the waist, hips, or belt. Always ensure that your passenger is wearing his or her helmet and that it fits appropriately.

Atlanta Motorcycle Accident Resources

Contact Our Atlanta Motorcycle Accident Lawyer today!

If you or a loved one have been involved in an Atlanta motorcycle accident and are in need of legal representation, do not hesitate to contact Wolfe Law Group now. One of our agents is ready and waiting to speak to you and connect you to our Atlanta motorcycle accident lawyer for a free consultation. Our attorney Justin Wolfe has been recognized by multiple publications and rating agencies as one of the top personal injury attorneys in the State of Georgia, and Atlanta. To schedule a free consultation with our Atlanta motorcycle attorney, call us now at 404-348-0884.

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