In theory, traveling by motorcycle should not be any more dangerous than driving or riding inside an enclosed motor vehicle, so long as you follow all the rules of the road and act responsibly while riding. Unfortunately, hundreds of collisions between motorcycles and other vehicles happen in Georgia each year, often due primarily or entirely to the negligence of someone other than the motorcycle rider involved.
If you were hurt recently in a wreck while on your motorcycle and you believe someone else is to blame, consider speaking with a personal injury attorney sooner rather than later about your options for civil litigation. Once retained, a seasoned Atlanta motorcycle accident lawyer could help you through every stage of your legal proceedings, from gathering evidence to support your claim to demanding comprehensive compensation for every loss you have suffered due to your injuries. Alternatively, if you have lost a loved one in a motorcycle crash, you may be eligible to file a wrongful death claim.
Holding Someone Else Accountable for Causing a Motorcycle Wreck
No matter what type of vehicle they are operating, every licensed driver in Georgia has a duty of care under state law requiring them to act lawfully and responsibly while in motion. Anyone who breaches this duty—in other words, acts recklessly, carelessly, or illegally while behind the wheel—and directly causes a collision resulting in injuries has fulfilled all the criteria for legal negligence. Establishing negligence in this way is the primary focus of almost all successful motorcycle accident claims in Atlanta and throughout the state.
Both illegal actions like overt violations of traffic law and simply irresponsible actions like driving while distracted can serve as the basis for an injury claim. The subjective severity of another person’s negligence typically has no bearing on the outcome of an ensuing civil claim. Someone who hit you because they looked away from the road at just the wrong moment is just as negligent as someone who hit you while speeding and driving drunk, and an Atlanta motorcycle crash attorney from our team could help pursue a lawsuit or settlement demand against either person.
Avoiding Possible Obstacles to Civil Recovery
Even if you suffer serious injuries in a motorcycle wreck, state law might prevent you from recovering for the full value of your damages if a court finds you partially to blame for causing your own injuries through your own negligent behavior. Any amount of comparative fault you are found to hold for your own accident may be held against you as a proportional reduction from your final damage award’s value. If you are found 50 percent or more to blame compared to all other parties involved, you could be barred from recovering any compensation at all.
In addition, the Official Code of Georgia § 9-3-33 sets a two-year filing deadline on virtually all personal injury claims, including those pursued by people with life-altering injuries. For this reason, among many others, you should not delay in contacting a lawyer after getting hurt in any kind of motorcycle accident in Atlanta.
Discuss Your Legal Options with an Atlanta Motorcycle Accident Attorney
Motorcycle collisions can be exceptionally traumatic and dangerous accidents, especially at high speeds. If someone else’s misconduct is the main reason you were involved in a wreck like this, they—and not you—should be the one to pay financially for all your accident-related losses.
Guidance from a knowledgeable Atlanta motorcycle accident lawyer could make a huge difference in how your case turns out. Contact Robert James Trial Attorneys today to schedule your free initial consultation.