Motorcycle accidents have the potential to cause serious injury and even death. Compared to motorists, motorcyclists are vulnerable to the elements — and collisions can result in severe injury, thousands of dollars in property damage, and mounting medical bills.
Under Georgia law, you have the right to collect compensation if someone else was responsible for your collision — but negative stereotypes could harm your path to recovery. In these situations, trust Hilley & Frieder, P.C. to represent your best interests.
Motorcycle accidents are common throughout the state of Georgia, including Sandy Springs and Fulton County. The Georgia Governor’s Office of Highway Safety provides the following statistics on these types of collisions.
After a collision with a motorist, Georgia’s fault-based system allows you to seek compensation through a personal injury lawsuit or an insurance claim with the at-fault party’s policy. Both processes rely on the theory of negligence.
To prove negligence in a personal injury lawsuit, you and your lawyer will need to gather evidence to establish the following four elements:
Duty of care is often the easiest to prove since all motorists have a duty to drive safely and follow traffic laws. The breach and causation will depend on the cause of your accident, and your attorney will help you gather documentation to prove your damages, such as medical records and repair invoices.
Depending on the cause of your accident, you may hold a portion of the liability. In these situations, the court may reduce your overall award amount by the percentage of fault you share, thanks to Georgia’s comparative negligence rule. If you are responsible for 50% or more of the fault, you will receive no compensation.
For example, say you are in a head-on collision with a drunk driver and seek $20,000 in compensation. However, surveillance footage proves you were lane-splitting at the time of the accident, which is dangerous behavior.
The court assigns you 20% of the fault, and you only receive $16,000 out of your original settlement. If the court assigned you 50% of the fault, you will receive $0.
Motorcyclists are often subject to unfair stereotypes and negative perceptions. These assumptions can appear during the trial, and may impact the overall amount of your award. To protect yourself against these unwarranted perceptions, trust the attorneys at Hilley & Frieder, P.C. to represent you in the courtroom.
Motorcycle accidents can have a devastating impact on Sandy Springs residents’ lives. Trust Hilley & Frieder, P.C. to represent your best interests in the courtroom and at the negotiating table.
With over 35 years of experience and a strong track record of successful settlements, experience, resources, and skills necessary to advocate for your right to compensation.
Contact us today to schedule your free consultation with one of our motorcycle accident attorneys.