Motorcycle Accident Lawyer

The #1 most important thing after an accident is to make sure that everyone who needs it receives medical attention as soon as possible.

Motorcycle accidents are much more likely to be severe than accidents with other types of vehicles because of how little protection a motorcycle offers compared to being inside a car. 

If you are fortunate enough to be in a good enough condition to do so, here are some steps you can take after a motorcycle accident to help your case:

• Get medical treatment as soon as possible. Records of immediate medical treatment help your case.
• Report the accident to the police to file a police report.
• Take photos of the vehicles and the scene of the accident.
• Exchange insurance info with other drivers.
• Exchange contact information with witnesses
• Report the accident to both your and the other driver’s insurance. Don’t give a recorded statement, as insurance may try to twist your words to their advantage.

You should also get in touch with a motorcycle accident lawyer as soon as possible so that they can help you with investigating your case and negotiating with insurance companies to make sure that you can get fair compensation for your injuries.

Yes. If you’re riding a motorcycle in Georgia, even as a passenger, you’ll need to wear a helmet. Your helmet will need to be one that meets the Department of Transportation (DOT) or Snell certifications. 

These helmets will usually weigh about three pounds, with an inch-thick interior lining and a secure chin strap.

If your motorcycle doesn’t have a windshield, you’ll also need to wear eye protection to protect yourself from the wind and bits of displaced debris.

If you were injured in a motorcycle accident as a passenger, it is pretty likely that you weren’t at fault for an accident. While not guaranteed, you have a good chance of having a claim.

Some safety considerations as a passenger include:

• You must be on a permanent and regular seat, separate from the driver or on a seat designed for two people.
• Like the driver, you also need to wear a DOT or Snell certified helmet.
• You must wear proper footwear (not just socks) while riding on a motorcycle.

Outside of that, your case will be fairly similar to ordinary accident cases outside of the fact that your chances of being at fault for the accident are much lower.

The period for filing an injury claim after an accident in Georgia is two years from the time of the accident. That is basically the deadline for taking your case to court if the situation requires it, though in many cases an agreement can be met before it comes to that. 

While this might seem like a long time, it is still important to begin your preparations as soon as possible. Evidence can be lost over time if an effort isn’t made to gather and preserve it, and dealing with insurance can sometimes take quite a long time.

By getting in touch with a Motorcycle Accident Lawyer as soon as possible after your accident, they can help you by dealing with the investigation and negotiating with insurance while you focus on recovering and getting better.

Georgia is considered an ‘At-Fault’ state, which means that we look at the behavior of the people involved in an accident to determine who has to pay for the damages caused in an accident.

As long as you’re considered to be less than 50% at fault for an accident, Georgia’s Comparative Fault laws allow you to still be compensated at least partially for your injuries. 

The amount of compensation you can receive is reduced by the amount of fault you’re found to have for the accident. For example,  if you were found to be 20% at fault for an accident, and your medical bills and expenses came out to $20,000, you would be able to receive up to $16,000 in compensation.

While the details of specific accidents will obviously be different from case to case, generally there are a few types of damages that are common to many motorcycle accidents. These include:

• Your medical expenses related to your injuries from the accident. This includes both your treatment so far as well as predicted medical expenses such as physiotherapy, surgery, etc.
• Your missed wages from the time you were unable to work due to your injuries
• Lost potential wages if long-term injuries prevent you from pursuing certain kinds of work
• Repair or replacement of your motorcycle according to the current market value
• “Pain and Suffering”, which includes other impacts on your life such as long-term disability, chronic pain, or other changes to your quality of life.

While these are general, fairly broad categories of things that often come up in settlements and cases that go to trial, your case may involve circumstances that are not mentioned here. 

Most Motorcycle Accident Lawyers will offer a free consultation to hear out the details of your accident and can offer insight into the more specific details of your case.

According to Georgia state law, you’ll need to have your headlights on whenever you’re operating your motorcycle, whether it’s day or night.

Besides simply being the law, this is also helpful for improving your visibility in general, making it easier for other vehicles to spot as well as increasing the areas you can clearly see. 

Your headlights can also help to prevent intersection collisions.

Your motorcycle should have at least one headlight, but not more than two, and those headlights should be no lower than 24 inches off the ground, and no higher than 54 inches to comply with state law as of the time of this writing.

In between the time of your accident and your claim or settlement being resolved, medical bills still need to be paid.  This can be very difficult for some people, but a motorcycle accident lawyer will be able to help discuss your specific options with you. Some of the most common options include:

• Medical payments coverage (MPC / “med pay”) covered by your motorcycle insurance, if relevant.
• Your health care insurance plan, if you have one.
• Medicaid/Medicare/Tricare when eligible
• Certain doctors may be willing to provide treatment on a medical lien

Once your case has been concluded, the at-fault party will be responsible for covering the medical bills caused by the accident. However, until then, these bills still need to be handled one way or another.

A medical lien is a written agreement to pay your medical bills after your case has been resolved. This can be an excellent way to avoid having to deal with collections agencies while you’re focusing on your recovery until your case has been settled. 

If you believe that your injuries might not be covered by your medical insurance, many motorcycle accident attorneys will be able to help you find a doctor that will be able to provide care on a lien basis.

The specific details of a lien and which parts are enforceable can be quite complicated, so it’s a good idea not to sign one without having your lawyer look over it first.

When insuring your vehicle, insurance companies are required to offer Uninsured Motorist Coverage equal to your liability coverage.

Unless you have chosen not to take this coverage, or to reduce it, Uninsured Motorist Coverage can help to cover the expenses of your own injuries.

In the case of an accident with another driver who has no insurance, or not enough insurance, Uninsured Motorist Coverage can help to make up the difference.

Assuming that you have the minimum required liability insurance, this will mean that Uninsured Motorist Coverage will cover up to $25,000 for the injuries of a single person, or up to $50,000 for the accident as a whole.