Due to the lack of steel frames and other standard safety features of automobiles, motorcyclists are some of the most vulnerable people on the road. If you or a loved one has been in a motorcycle accident, you need tenacious legal counsel committed to seeking the compensation you deserve. Let Athens motorcycle accident lawyer Michael Ruppersburg at Ruppersburg Injury & Accident Attorneys go to work for you.
“Look Twice, Save A Life. Motorcycles are Everywhere.”
There’s a reason you’ve seen this slogan on bumper stickers and t-shirts. Motorcycles aren’t as big or as noticeable as cars or trucks. If you’re not paying attention, it’s easy to miss them. And when a motorcycle and a car or truck get into an accident, the motorcycle loses.
Our lawyers represent motorcycle riders injured in accidents in Athens and throughout Georgia. We’ve successfully prosecuted cases against drivers who injure motorcycle riders and have helped them recover medical bills, lost wages, and compensation for pain and suffering. We also represent the families of motorcycle riders who have been killed in accidents and help those families recover compensation for the loss of their loved ones.
What To Do After a Motorcycle Accident
To protect both your health and your legal claim, we suggest taking the following steps after a motorcycle accident:
- Seek medical attention immediately: No matter how minor the accident, injuries could reveal themselves or worsen in the hours and days that follow. Failure to seek medical attention quickly could be detrimental to your health and may provide the insurance company with a reason to deny your claim.
- Report the incident to police: Call 911 and request the police and, if necessary, emergency medical assistance. The police should generate an accident report, which you will need a copy of.
- Gather evidence from the scene: Take photos and video of the accident scene, the damage done to your motorcycle and other vehicles, and your injuries. Obtain witness names and contact information.
- Follow all medical advice: Defer to your treating physician about how to best care for your injuries. Take any prescribed medications, see any specialists to whom you are referred, attend follow-up appointments, and keep your doctor updated about your condition.
- Retain a motorcycle accident lawyer in Athens: There’s a good chance the at-fault party’s insurance company will contact you. It is recommended that you not speak with them and let your attorney handle all insurance communications.
Causes of Motorcycle Accidents
To file a case, victims must show exactly how the negligent behavior of the at-fault party or parties caused their motorcycle accidents. Understanding some of the most common reasons these wrecks happen can be beneficial:
- Distracted driving: This may be the result of cell phone use or anything else taking the driver’s focus off of the road.
- Driving under the influence of drugs or alcohol: Alcohol, drugs, and legal drugs like prescription medications must not be allowed to impair one’s driving.
- Speeding and other traffic law violations: The risk of an accident increases when drivers speed, run stop lights, make unsafe lane changes, or otherwise break the law.
- Not checking blind spots: Motorcycles are harder to see, which means drivers need to check their blind spots before changing lanes.
- Low visibility: Most accidents happen at night when visibility is low; drivers should use headlights and otherwise drive safely.
- Poor road conditions: Poor construction work or government failure to maintain the roads could lead to accidents.
- Motorcycle defects: The motorcycle itself, including its parts and components, may be poorly designed or manufactured, which could result in an accident.
Motorcycle Accident Statistics in Athens
Athens is known for its scenic drives, which encourage motorcyclists to hit the road and enjoy a good ride. Unfortunately, Athens has a disproportionately high number of motorcycle accidents each year.
Crashes are most likely to happen on major Athens roads, especially on the U.S. 72 north-south corridor. Areas around the city and the University of Georgia campus also see more accidents due to increased traffic volume.
What Are Common Motorcycle Accident Injuries?
Without the protective features found in most passenger vehicles, motorcycle accident victims may suffer painful and even life-altering injuries. These may include:
- Traumatic brain injury (TBI)
- Spinal cord damage
- Back and shoulder injuries
- Broken bones
- Road rash
- Internal organ damage and bleeding
- Cuts and bruises
Who Is Liable for Motorcycle Accidents?
One of the most important jobs of your Athens motorcycle accident lawyer is to investigate the crash and determine who might be held responsible for it. Other than drivers, at-fault parties may include:
- The driver’s employer (if the driver was on the job at the time)
- The manufacturer of the motorcycle or one of its parts
- A retailer who sold a defective part
- A mechanic or repair shop
- A bar or restaurant that served too much alcohol to a drunk driver
- Construction crews who negligently performed road work
- A city or state government that failed to safely maintain the roads
What Is the Motorcycle Helmet Law in Georgia?
Georgia law requires that motorcyclists wear a helmet and protective gear in most cases. Not only is wearing a helmet the law, but failure to do so could put your legal case at risk if you’re in an accident. If you suffer head injuries in a crash but are not wearing a helmet, the defendant’s lawyer and insurer will argue that you don’t deserve compensation (or at least not full compensation).
According to the Insurance Institute for Highway Safety, helmets are approximately 37% effective in reducing motorcycle accident deaths. With both your safety and right to legal damages on the line, it simply makes sense to wear a helmet.
The Claims Process for Motorcycle Accidents
To file a motorcycle accident claim, there are several important steps:
- Retain an attorney: Because you will be dealing with insurers and lawyers representing the at-fault party, it is strongly recommended that you retain an experienced Athens motorcycle accident attorney.
- File a claim with the insurance company: Once your lawyer investigates the motorcycle accident and obtains the evidence needed, a claim will be filed with the at-fault party’s insurer.
- Negotiate with the insurance company: The insurer will conduct its investigation and make a settlement offer. Mediation will likely be conducted to facilitate negotiations.
- File a lawsuit if necessary: If the insurance company negotiates in bad faith or makes an unreasonably low settlement offer, you have the option to go to trial.
Recoverable Damages in Your Motorcycle Accident Case
Depending on the facts in your case, you may be eligible to ask for compensation to cover such things as the following:
- Past and future medical bills to pay for hospitalization, surgery, in-home nursing care, rehabilitation, prescription medication, and other expenses
- Lost wages and lost earning capacity (e.g. lost future income and benefits), the latter of which covers victims who cannot work the job they had before their motorcycle accident
- Property damage to the motorcycle and other personal property lost in the wreck
- Pain and suffering, emotional anguish, and similar conditions
- Disability
- Wrongful death damages (e.g. funeral expenses) in the event the victim dies
You Must Be Aware of the Time Restrictions Placed on Filing a Lawsuit
We work hard to settle motorcycle accident cases outside of court. But if the insurer is slow to respond or makes unfair settlement offers, we may need to file a lawsuit on your behalf. In general, victims only have two years from the date of the motorcycle accident to file their lawsuits. Failure to abide by this deadline, known as the statute of limitations, may prevent you from receiving any compensation for your injuries. Don’t delay taking action.
Let Ruppersburg Injury & Accident Attorneys Help You
We are committed to seeking the maximum compensation for motorcycle accident victims. Whether through settlement negotiations or a trial, we will apply our extensive legal knowledge and skills for the benefit of your claim. Reach out to Ruppersburg Law today.
Motorcycle Accident FAQs
Could bias affect my motorcycle accident claim?
Unfortunately, insurance companies, lawyers, and jurors sometimes have unfair biases against motorcyclists. We work hard to counter that prejudice and ensure our clients receive a fair trial. Several tactics, such as employing character witnesses and weeding out biased jury members, may be used.
Why would the at-fault driver try to blame me for the accident?
Georgia has a modified comparative fault system under which a motorcycle accident victim must be less than 50% liable to recover compensation. If a jury believes you are partially at fault, your award will be lowered by the percentage of fault assigned to you. We aggressively fight back against any attempt to blame our clients for their accidents.
Why should I not talk to the insurance company?
Remember this about insurance companies: they are not on your side. Insurers use numerous tactics like asking victims misleading questions and recording their statements to use against them later. Don’t jeopardize your case; let an Athens motorcycle accident lawyer represent you.
