Pursuing Compensation After a Motorcycle Accident

If you have been in a motorcycle accident, it may be in your best interest to discuss your situation with our Marietta, GA motorcycle accident lawyer. At Johnson & Alday, LLC we have a proven record of success in helping those who have been injured to recover the compensation they need and deserve. With nearly 40 years combined experience in personal injury and workers compensation law, our team is well prepared to advocate for you throughout every step of the process. 

Getting into a motorcycle accident is never something that anyone wishes to have happen and the days after the accident can be difficult which is why a motorcycle accident lawyer Marietta, GA residents trust from Johnson & Alday, LLC is here to assist. Having a legal team represent you or someone you know following the accident could be the difference between receiving a generous compensation package for injuries and property damage or an unfair one. When it is proven that the motorcycle accident occurred due to the negligence of another person then a motorcycle accident case may be quite strong. This is when things like pain and suffering, property damage, doctor bills, hospital stays, and more may be compensated. Reach out to our firm today to get assistance in the aftermath of a motorcycle accident. 

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Common Motorcycle Accident Injuries

Injuries in a motorcycle accident could be severe. Injuries like broken bones, whiplash, severe scraping, brain injuries, spine injuries, and more can and could all occur. A Marietta, GA motorcycle accident lawyer can fill you in more on the different types of motorcycle accident injuries people have sustained in the past. Injuries could see people needing to stay in the hospital for days and even weeks in order to recover. Some injuries too are unfortunately permanent, like some brain injuries and paralysis. Contact our firm today to hold the guilty party responsible for the injuries they have caused. 

Determining Liability In Motorcycle Accidents

As a motorcyclist, you likely understand that there are inherent dangers of riding and that when you get on a motorcycle, you accept a higher level of vulnerability than those traveling by car or truck. Riders can only be in control of their actions on the roadways. Unfortunately, external factors are the cause of many serious motorcycle accidents, factors such as other drivers and road conditions.

If you are injured while riding and suspect that negligent actions of another were to blame, you may be eligible to pursue compensation for your injuries and damages to your property. Georgia riders should contact a reputable motorcycle accident lawyer in Marietta, GA today to learn more about how we can help you in your recovery process.

In order to achieve a successful outcome in your case, we must determine liability through evidence such as police reports, medical records, photos of the accident and injuries, and eyewitness testimony. Our Marietta motorcycle accident lawyer will advocate for you throughout every step of the process and work to identify proper evidence to support your claim. 

Compensatory Damages for Motorcycle Accidents

Regardless of the level of seriousness, a motorcycle accident can have a serious impact on your life and health. Compensatory damages are intended to help make the expenses associated with recovering from injuries sustained in the accident less financially impactful so you can focus your energies on recovering. 

Compensatory damages may be referred to as “economic” or “noneconomic.” Economic damages are physical quantifiable damages. Common examples of economic damages include past and future medical expenses, lost wages, in-home care service costs, rehabilitation, property damages, out-of-pocket expenses, and lost earning capacity. Other medical expenses that compensation can be collected for chronic physical health issues, chronic mental health issues, surgeries, future treatments, and more.

Noneconomic damages pertain to less tangible or emotional conditions such as pain and suffering that are a result of the accident. Examples of noneconomic damages include but are not limited to emotional anguish, loss of enjoyment of activities, worsening of prior injuries, pain & suffering.

Understanding Your Motorcycle Accident Case

Motorcycle accidents can be devastating, resulting in severe injuries, property damage, and emotional trauma. In Marietta, Georgia, navigating the legal complexities surrounding motorcycle accidents requires the expertise of experienced personal injury attorneys. At Johnson & Alday, LLC, we understand the unique challenges faced by motorcycle accident victims and their families. In this article, we delve into the factors that make motorcycle accidents in Marietta so complicated and highlight the importance of seeking legal representation.

The Vulnerability of Motorcyclists

Motorcyclists are inherently more vulnerable on the road due to the lack of protective barriers. They are exposed to the elements and have limited safety features compared to occupants of passenger vehicles. As a result, injuries sustained in motorcycle accidents tend to be more severe, leading to significant medical expenses, long-term disabilities, and emotional distress.

Negligent Drivers

Negligent or reckless drivers pose a significant risk to motorcyclists. Many drivers fail to adequately share the road with motorcycles, leading to accidents caused by factors such as speeding, distracted driving, impaired driving, sudden lane changes, or failure to yield the right of way. Proving negligence and determining liability can be complex, requiring a thorough investigation and gathering of evidence.

Bias and Prejudice:

Motorcyclists often face biases and prejudices in accident claims. There is a common perception that motorcyclists are inherently risk-takers, which can influence insurance adjusters, jurors, or even law enforcement officers. These biases may unfairly impact the outcome of an accident claim. Skilled attorneys can counteract these biases by presenting a strong case supported by evidence and expert testimony.

Insurance Company Tactics

Insurance companies may attempt to minimize their liability and undervalue claims in motorcycle accident cases. They may dispute liability, downplay injuries, or challenge the severity of damages suffered. Dealing with insurance adjusters without legal representation can be challenging, as they are adept at negotiation tactics. Having experienced attorneys on your side ensures that your rights are protected, and you receive fair compensation.

Complex Legal Processes

Navigating the legal processes involved in motorcycle accident claims can be overwhelming for victims. Filing deadlines, complex paperwork, and legal jargon can add to the stress of dealing with injuries and recovery. A knowledgeable attorney with expertise in personal injury law can guide you through these processes, ensuring your claim is properly filed and all necessary evidence is gathered to build a strong case.

The Statute of Limitations

In Marietta, Georgia, the statute of limitations for filing a motorcycle accident lawsuit is governed by state law. It is important to be aware of the specific time limitations as they can significantly impact your ability to pursue a legal claim. The statute of limitations for motorcycle accident lawsuits in Georgia is generally two years from the date of the accident.

However, please note that statutes of limitations are subject to change, and it is crucial to consult with an attorney or refer to the most up-to-date laws to ensure accuracy. Additionally, there may be exceptions or circumstances that can alter the time limit, such as cases involving minors or situations where the injury is not immediately apparent.

Common Causes of Motorcycle Accidents

Motorcycle accidents can occur due to various factors, and understanding the most common causes is crucial for both motorcyclists and other road users. At Johnson & Alday, LLC, we recognize the significance of identifying these causes to help prevent accidents and provide effective legal representation for motorcycle crash victims in Marietta, Georgia. In this article, we outline some of the most prevalent causes of motorcycle crashes in the area.

• Distracted Driving

Distracted driving is a leading cause of motorcycle accidents in Marietta, as well as throughout the United States. Drivers who engage in activities such as texting, talking on the phone, eating, or using in-car technologies become significantly impaired in their ability to notice and respond to motorcycles sharing the road. A momentary distraction can result in devastating consequences for motorcyclists.

• Failure to Yield Right of Way

Motorcycle accidents often occur when other vehicles fail to yield the right of way to motorcyclists at intersections or when changing lanes. Due to their smaller size, motorcycles can be easily overlooked by drivers, especially if they are not paying close attention. Failing to give motorcyclists the right of way is a common cause of severe collisions.

• Lane Splitting

Lane splitting refers to when motorcyclists ride between lanes of slow or stopped traffic. While it is legal in some states, including California, it is illegal in Georgia. However, some motorcyclists still engage in this practice, putting themselves at risk. When other drivers are not expecting a motorcycle to be sharing the lane, sudden lane changes or opening car doors can result in dangerous accidents.

• Speeding and Reckless Driving

Excessive speed and reckless driving significantly increase the risk of motorcycle crashes. Speeding reduces the time drivers have to react to unexpected situations, while reckless behaviors such as aggressive weaving through traffic or running red lights can lead to catastrophic collisions. Both motorcyclists and other drivers should exercise caution and adhere to the speed limits and traffic laws.

• Impaired Driving

Driving under the influence of alcohol or drugs is a dangerous behavior that compromises a driver's ability to operate their vehicle safely. Impaired drivers have reduced reaction times, impaired judgment, and diminished coordination, posing a serious threat to motorcyclists. In cases where an impaired driver causes a motorcycle crash, the injured motorcyclist may be entitled to compensation.

Marietta Motorcycle Accident Law Infographic

Marietta Motorcycle Accident Statistics

According to the National Highway Traffic Safety Administration,  there are an estimated 5,000 motorcycle-related fatalities each year in the United States.

• Motorcycle accidents account for 14% of all traffic fatalities in the United States.
• The most common type of motorcycle accident is a collision with a motor vehicle.
• Motorcycle riders are more likely to be injured or killed in a motorcycle accident than car drivers.
• Helmets can reduce the risk of head injury in a motorcycle accident by up to 85%.

Marietta Motorcycle Accident FAQs

How can a motorcycle accident lawyer help me with my case?

At Johnson & Alday, LLC, our experienced motorcycle accident lawyers can provide valuable assistance throughout your case. We can investigate the accident, gather evidence, assess liability, negotiate with insurance companies, and represent your interests in court if necessary. Our goal is to help you obtain fair compensation for your injuries, medical expenses, lost wages, and other damages resulting from the motorcycle accident.

What should I do immediately after a motorcycle accident?

After a motorcycle accident, prioritize your safety and seek medical attention for any injuries. It is crucial to document the accident by taking photos, gathering witness information, and exchanging contact and insurance details with the involved parties. Additionally, it is important to consult with a motorcycle accident lawyer as soon as possible to understand your rights, preserve evidence, and begin the claims process.

How is liability determined in a motorcycle accident case?

Determining liability in a motorcycle accident case involves a thorough investigation of the accident scene, witness statements, police reports, and any available video footage. Our skilled attorneys will analyze the evidence to establish negligence on the part of the other driver or any other liable party. We will work diligently to build a strong case and hold the responsible parties accountable for your injuries and damages.

What types of compensation can I seek in a motorcycle accident case?

In a motorcycle accident case, you may be entitled to various types of compensation, including medical expenses, lost wages, property damage, pain and suffering, rehabilitation costs, and future medical expenses. Our dedicated attorneys will assess the full extent of your damages and pursue maximum compensation on your behalf.

How long will it take to resolve my motorcycle accident case?

The time required to resolve a motorcycle accident case can vary depending on several factors, including the complexity of the case, the severity of injuries, the cooperation of the involved parties, and the need for expert opinions. While some cases can be resolved through negotiations with insurance companies, others may require litigation and could take longer. Rest assured, our attorneys will work diligently to resolve your case as efficiently as possible while ensuring your best interests are protected.

What if I was partially at fault for the motorcycle accident?

Georgia follows a modified comparative negligence rule. This means that even if you were partially at fault for the accident, you may still be eligible to recover compensation. However, the amount of compensation you can receive may be reduced in proportion to your level of fault. Our skilled attorneys can evaluate the circumstances of your case and determine how comparative negligence laws may affect your claim.

Johnson & Alday, LLC Marietta Motorcycle Accident Lawyer

219 Roswell Street NE, Marietta, GA 30060

Contact Our Marietta Motorcycle Injury Lawyer Today

Motorcycle accidents in Marietta, GA, present unique challenges for victims seeking compensation for their injuries and damages. Johnson & Alday, LLC, understands the complexities surrounding these cases and is dedicated to providing skilled legal representation. If you or a loved one has been involved in a motorcycle accident, contact our firm to protect your rights and pursue the compensation you deserve. Let our experienced attorneys handle the complexities while you focus on your recovery.

If you were recently injured in a motorcycle accident and suspect that negligent conduct led to your injury and damage to your personal property, contact our motorcycle accident lawyer in Marietta, GA from Johnson & Alday, LLC today to speak with a qualified member of our team.