The aftermath of a motorcycle accident in Roswell, Georgia, can be overwhelming, especially when trying to navigate the legal complexities. Unfortunately, misinformation abounds, leaving many riders unsure of their rights and how to protect them. Are you equipped to separate fact from fiction if you’re involved in a collision?
Key Takeaways
- In Georgia, you have two years from the date of a motorcycle accident to file a personal injury lawsuit, according to O.C.G.A. § 9-3-33.
- Georgia is an “at-fault” state, meaning the driver responsible for the accident is also responsible for covering the damages; this means you can pursue compensation from the at-fault driver’s insurance company.
- Failing to seek immediate medical attention after a motorcycle accident, even if you feel fine, can negatively impact your claim by creating doubt about the severity of your injuries.
Myth #1: If I wasn’t wearing a helmet, I have no case.
This is a common misconception, but it’s simply not true. Georgia law requires motorcycle operators and passengers to wear helmets that meet the standards set by the Commissioner of Public Safety, per O.C.G.A. § 40-6-315. However, not wearing a helmet doesn’t automatically disqualify you from recovering damages after a motorcycle accident.
While the insurance company might try to argue that your injuries were worse because you weren’t wearing a helmet, they still need to prove that the other driver was at fault for causing the Roswell motorcycle accident. Georgia follows a modified comparative negligence rule. This means that even if you were partially at fault, you can still recover damages as long as your percentage of fault is less than 50%. The damages you can recover will be reduced by your percentage of fault. So, if a jury finds you 20% at fault for the accident because you weren’t wearing a helmet, and your total damages are $100,000, you could still recover $80,000.
Myth #2: The insurance company is on my side and will offer me a fair settlement.
Don’t be fooled! Insurance companies are businesses, and their primary goal is to minimize payouts. They may seem friendly and helpful, but their loyalty lies with their shareholders, not with you. They might offer you a quick settlement, hoping you’ll accept it before you fully understand the extent of your injuries and the value of your claim.
I had a client last year who was rear-ended on his motorcycle near the intersection of Holcomb Bridge Road and GA-400. The insurance adjuster was very sympathetic and offered him $5,000 almost immediately. He was tempted to take it, but thankfully, he consulted with us first. After a thorough investigation, including consulting with his doctors and economists, we were able to demonstrate that his long-term medical expenses and lost wages far exceeded that initial offer. We ultimately settled his case for $250,000. The lesson? Always consult with an experienced attorney before accepting any settlement offer.
Myth #3: I can handle my motorcycle accident claim myself.
While you can represent yourself, it’s generally not advisable, especially if you’ve suffered serious injuries. Navigating the legal system can be complex and time-consuming. You’ll need to gather evidence, negotiate with the insurance company, and potentially file a lawsuit and go to trial. If you’re in Columbus, it’s important to know if you’re covered.
Moreover, insurance adjusters are skilled negotiators. They know how to minimize payouts and may use tactics to trick you into saying something that could harm your case. An experienced Georgia motorcycle accident attorney understands these tactics and can protect your rights. We can handle all aspects of your claim, from gathering evidence to negotiating with the insurance company, allowing you to focus on your recovery.
Myth #4: If the police report says the accident was my fault, I have no recourse.
A police report is an important piece of evidence, but it’s not the final word. Police officers are not accident reconstruction experts, and their opinions about fault are often based on limited information. If the police report is inaccurate or incomplete, you can still challenge it.
We had a case where the police report incorrectly stated that our client ran a red light at the intersection of North Point Parkway and Mansell Road in Alpharetta. However, we obtained surveillance footage from a nearby business that clearly showed the other driver running the red light. We presented this evidence to the insurance company, and they reversed their initial denial of our client’s claim. Don’t assume a police report is infallible. If you need to prove fault, it’s important to know your rights.
Myth #5: I have plenty of time to file a lawsuit.
Think again. In Georgia, the statute of limitations for personal injury claims, including motorcycle accident cases, is two years from the date of the accident, per O.C.G.A. § 9-3-33. If you don’t file a lawsuit within that time frame, you’ll lose your right to recover damages. Two years may seem like a long time, but it can pass quickly, especially when you’re dealing with injuries, medical treatment, and other challenges.
Here’s what nobody tells you: building a strong case takes time. Gathering evidence, interviewing witnesses, consulting with experts, and negotiating with the insurance company can all take months. The longer you wait, the more difficult it becomes to preserve evidence and build a strong case. Contacting an attorney promptly after a Roswell motorcycle accident is crucial to protect your rights. If you’re in Dunwoody and had a motorcycle crash, first steps matter.
Don’t let these myths cloud your judgment after a motorcycle accident. Knowing your rights and seeking legal counsel is the best way to ensure you receive the compensation you deserve.
What types of damages can I recover in a motorcycle accident claim?
You can potentially recover damages for medical expenses (past and future), lost wages (past and future), property damage, pain and suffering, and other related expenses. The specific damages you can recover will depend on the facts of your case.
What should I do immediately after a motorcycle accident?
First, ensure your safety and the safety of others involved. Call 911 to report the accident and request medical assistance if needed. Exchange information with the other driver, including insurance details. Take photos of the scene, including vehicle damage and any visible injuries. Seek medical attention as soon as possible, even if you don’t feel seriously injured. Finally, contact an experienced attorney to discuss your legal options.
How much does it cost to hire a motorcycle accident attorney?
Most motorcycle accident attorneys work on a contingency fee basis. This means you don’t pay any attorney’s fees unless they recover compensation for you. The attorney’s fees are typically a percentage of the settlement or verdict.
What if the other driver was uninsured or underinsured?
If the other driver was uninsured or underinsured, you may be able to recover compensation through your own uninsured/underinsured motorist (UM/UIM) coverage. UM/UIM coverage protects you if you’re injured by a driver who doesn’t have insurance or doesn’t have enough insurance to cover your damages.
How long will my motorcycle accident case take to resolve?
The length of time it takes to resolve a motorcycle accident case can vary depending on several factors, including the complexity of the case, the severity of your injuries, and the willingness of the insurance company to negotiate. Some cases can be resolved in a few months, while others may take a year or more to go to trial.
Don’t wait to seek legal guidance after a motorcycle accident. Understand your rights. Contact an attorney. Protect your future.
