Motorcycle accidents are — like truck accidents — uniquely dangerous due to the nature of the vehicle involved, thus necessitating a skilled Atlanta motorcycle accident attorney. In a motorcycle accident scenario, the rider faces direct exposure to significant impact forces. Unlike a motor vehicle accident in which the plaintiff is occupying a protective four-wheel vehicle with material that is designed to absorb the force of impact, a motorcycle frame cannot protect the rider from such forces. This can lead to severe and catastrophic injuries or even death.
The number of motorcyclists killed in crashes dropped to 4,985 in 2018, an
almost 5% decrease, but motorcycle accidents are still overrepresented in traffic fatalities. To keep everyone safe, Attorney Gabriel urges drivers and motorcyclists to share the road and be alert. And he reminds motorcyclists to make themselves visible, to use DOT-compliant motorcycle helmets, and to always ride sober.
The data is revealing in this regard. According to a
recent report by the National Highway Traffic Safety Administration, in 2015 there were roughly 4,976 motorcycle accidents that resulted in deaths and 88,000 injuries related to traffic crashes, with an extremely high fatality rate of 57.85 percent. Other investigative
reports note that per vehicle mile traveled, motorcyclists, have a 34 times higher risk of death in a crash than operators of other types of motor vehicles.
If you’ve suffered motorcycle accident injuries due to the negligence, recklessness, or intentional misconduct of another party in Atlanta, then you may recover damages as compensation for your various losses. Litigation can be much more complex than it initially appears. As such, it’s important that you work with a skilled attorney who is capable of acting decisively on your behalf. Contact the Law Firm of Walter Gabriel, LLC for a comprehensive evaluation.
Risk Factors in Motorcycle Accidents
According to the Insurance Institute for Highway Safety-Highway Loss Data Institute (IIHS-HLDI), the federal government says that for every mile covered in 2016, the total number of reported deaths resulting from motorcycles was almost 28 times than that of cars. In fact the year 2017 witnessed a staggering 5,172 motorcyclists losing their lives in crashes. This translates to a 14% of the total motor vehicle crash deaths.
Despite these staggering statistics, an estimated 50% of those riding motorcyclists do not wear helmets most of the time. On the other hand, 40% of those motorcyclists killed during the accidents don’t use helmets as their protective headgear. Using helmets can help reduce fatal injuries on the head when a motorcycle crash occurs.
A number of negligence-related factors can contribute to motorcycle accidents, including but not limited to:
- Unsafe lane changes
- Failure to recognize the presence of a motorcyclist
- Failure to wear a helmet
- Speeding
- Distracted driving
- Road hazards.
For example, if you’re riding on an improperly maintained road, you could face dangerous road hazards like potholes. Whereas a pothole may not represent a significant injury risk for those driving four-wheeled vehicles, it can represent a significant injury risk for motorcyclists. This failure to adequately maintain the roads could give rise to an actionable claim for damages against the party responsible for such maintenance.
Tips to Prevent Motorcycle Accidents
Safe riding practices and cooperation from all road users will help reduce the number of fatalities and injuries on our nation’s highways. The National Highway Traffic Safety Administration has a list of useful guidelines to follow:
- Make sure you accustom yourself to your motorcycle to the extent that you know how to handle your motorcycle in a variety of conditions (e.g., inclement weather or encountering hazards such as slick roads, potholes, and road debris).
- Check your motorcycle’s tire pressure and tread depth, hand and foot brakes, headlights and signal indicators, and fluid levels before you ride.
- Always wear a helmet meeting the U.S. Department of Transportation (DOT) Federal Motor Vehicle Safety Standard (FMVSS) 218. Look for the DOT symbol on the outside back of the helmet. Snell and ANSI labels located inside the helmet also show that the helmet meets the standards of those organizations. Learn more about choosing the right helmet.
- Obey traffic lights, signs, speed limits, and lane markings; ride with the flow of traffic and leave plenty of room between your bike and other vehicles, and always check behind you and signal before you change lanes. Understand that many multi-vehicle motorcycle crashes occur when other drivers fail to see the motorcyclist.
- Needless to say, remain drug and alcohol-free.
Contributory Negligence
Georgia applies the doctrine of comparative fault. This means if the injured person is 50 percent or more responsible for the accident that caused their injuries, then the person cannot recover monetary damages. Therefore, if a claimant decides to take a pedestrian injury claim to litigation, the claimant must ensure that the pedestrian’s culpability in the incident is far less than that of the motorist.
In Louisiana, the plaintiff — the rider in a motorcycle accident, for example — is subject to the pure comparative fault doctrine. Under the pure comparative fault doctrine, the plaintiff’s contribution of negligence is not necessarily a barrier to recovering damages. Instead, a jury will evaluate fault and will assign each party a percentage of fault that they contributed. The judge will then reduce damages accordingly.
For example, suppose that you are injured in a motorcycle accident in which you did not wear your helmet. Your total damages are $100,000. The court evaluates the evidence and determines that you are 50 percent at fault for your own injuries. Given that you contributed 50 percent fault, you would recover $50,000 of your potential damages.
Consult an Experienced Atlanta Motorcycle Accident Attorney at The Law Firm of Walter Gabriel, LLC
The Law Firm of Walter Gabriel, LLC is a litigation personal injury firm with experience handling a range of personal injury litigation, including motorcycle accident disputes, on behalf of clients in both Louisiana and the Atlanta metro area. He has developed a keen understanding of how to approach litigation so as to secure favorable results. This is whether through a negotiated settlement or at trial. Our extensive knowledge of such disputes ensures that he is ready to react. Dynamically — and effectively — to the tactics employed by the defendant.
Find out if you have a case. Call or submit a case evaluation form online to request a free and confidential consultation with a skilled Atlanta motorcycle accident attorney at the Law Firm of Walter Gabriel, LLC today. Government reports estimate that motorcyclists are about 26 times more likely to die in a crash and five times more likely to be injured than car occupant. When it comes to motorcycle accidents, insurance companies tend to blame the biker.
You need a qualified and experienced motorcycle accident attorney in Atlanta from Walter Gabriel Law to fight for your right to recover damages. With knowledge and experience handling these types of cases, you want an attorney who will help you fight for every damage to which you are entitled.
Attorney Gabriel understands the unique challenges that come with motorcycle accidents. He knows how to navigate the insurance claims process and build a strong case to get you the maximum compensation you deserve. Reach out today for a free consultation.
What to Do After Being in a Motorcycle Accident
- If you’ve been in a motorcycle accident in Atlanta, there are some important steps you need to take to ensure your safety and protect your rights.
- First and foremost, if you are injured, call 911 and get medical help immediately. It’s also important to contact the police to make an official report.
- If another driver is involved, be sure to get their contact information. You’ll also want to look for witnesses and get their names and numbers.
- Photographs can be extremely helpful in documenting the scene of the accident and any damage to vehicles. So be sure to take plenty of pictures.
- And finally, don’t give a recorded statement to any insurance company, including your own, without first contacting a personal injury attorney.
By following these steps, you’ll give yourself the best possible chance of recovering physically and financially from a motorcycle accident in Atlanta.
Difference Between Motorcycle Accidents and Auto Accidents
As a motorcycle rider, you’re more vulnerable to road hazards and other vehicles than someone driving a car. That’s because motorcycles provide less protection than cars do in the event of an accident. Almost 96% of every single-vehicle motorcycle accident results in injury. In contrast, about 54% of all car accidents result in injuries.
Cars and trucks are built with more and more safety features, while motorcycles still depend upon clothing and helmets for protection from the road. Additionally, two-wheeled vehicles are more susceptible to losing control in hazardous conditions. Because the rider or passenger is often thrown off the vehicle with such great force, motorcycle accidents often result in more serious injuries than car accidents. These can include broken bones, road rash, and even head or spinal cord injuries.
If you’re involved in a motorcycle accident, be sure to get medical attention right away, even if you don’t think you’re injured. Some injuries, such as internal bleeding, may not be immediately apparent. And always call an experienced motorcycle accident lawyer to help you navigate the complex legal process and get the compensation you deserve.
Who Is at Fault for An Atlanta Motorcycle Accident?
After being involved in a motorcycle accident, it is important to establish who is at fault. This will be essential to pursue any damages that you may be entitled to. An Atlanta motorcycle accident attorney can help investigate who is liable so that you can begin taking steps towards getting the money you deserve. There are a few different ways that fault can be determined after a motorcycle accident. The first is through eyewitness testimony. If there are any witnesses to the accident, their accounts of what happened can be very helpful in figuring out who is at fault.
Another way to determine fault is through traffic camera footage. This can be especially helpful if there are no eyewitnesses to the accident. In some cases, fault can also be determined through the police report. The police report will include information about the accident, as well as any citations that were issued.
If you have been involved in a motorcycle accident, it is important to speak with an experienced attorney who can help you determine who is at fault. An attorney can also help you pursue any damages that you may be entitled to.
Common Causes of Atlanta Motorcycle Accidents
Just like in any vehicle accident, driver inattention or error is a big cause of motorcycle crashes. However, in motorcycle accidents, the results are often more tragic. Motorcycles are harder to see than cars or trucks, and riders have little protection in the event of a collision. One out of four motorcycle accidents has no other vehicle involved. Instead, the motorcyclist hits a standing object or road obstacle.
There may be many reasons for a crash, including:
- Road defects that lead to potholes or pooled water
- Intoxicated drivers
- Malfunctioning traffic lights
- Tree-covered stop signs
- Unsafe passing by other vehicles
- Speeding
- Distracted driving
If you or a loved one have been involved in a motorcycle accident, it is important to seek experienced legal counsel to help you navigate the complex claims process and fight for the compensation you deserve. The Atlanta motorcycle accident lawyers at Harris Lowry Manton LLP have extensive experience handling these types of cases and are committed to protecting the rights of accident victims. Reach out today to schedule a free consultation.
Comparative Negligence in Motorcycle Accident Claims
If you’ve been involved in a motorcycle accident, you may be wondering what your options are for seeking compensation. In many cases, the state of Georgia utilizes the comparative negligence law, which means that if multiple parties are at fault in an accident, the amount of compensation you can ultimately receive depends heavily on how “at fault” you were for the accident. This can be frustrating, especially if you feel like you weren’t at fault at all, or if you were only a small percentage at fault. However, it’s important to understand how this law works so that you can make the best possible case for yourself.
Under the comparative negligence law, you can only seek compensation if you are less than 50% at fault for the accident. If the courts determine your fault to be 50% or higher, your entire claim could be denied. This can be a difficult burden to overcome, but it’s not impossible. If you’ve been in a motorcycle accident, the first step is to speak with an experienced personal injury attorney. They will be able to review the facts of your case and help you determine what your best course of action is. Don’t try to go it alone – let an expert guide you through this complex process.
How Much Is Your Atlanta Motorcycle Crash Claim Worth?
After investigating your accident and determining liability, a motorcycle injury lawyer can help you assess your damages and calculate the full value of your claim. Determining what your case is worth on your own can be tricky. Future losses that result from your accident and non-economic damages like permanent disability can be very challenging to calculate if you are unfamiliar with the process.
At Walter Gabriel Law, Attorney Gabriel has extensive experience helping motorcycle accident victims in Atlanta and throughout Georgia get the full value of their claims. He knows how to investigate accidents, gather evidence, and calculate damages so you can focus on your recovery.
If you or a loved one has been injured in a motorcycle accident, contact the firm today for a free consultation. He will review your case and help you understand your legal options. Contact Walter Gabriel Law to discuss your motorcycle accident claim.
Typical Damages in A Motorcycle Accident Lawsuit
In a two-vehicle accident, the at-fault driver and their insurance company are responsible for damages. However, this requires proof of who is at fault. Your motorcycle accident lawyer can hire expert investigators to work hard to solidify your case.
You have the right to recover any or all of the following:
- Medical expenses
- Estimated future costs of medical care
- Lost wages
- Reduced earning capability
- Repairs to your motorcycle
- Pain and suffering
- Permanent disability
- Loss of consortium
- Decreased quality of life
- Mental anguish
The amount of damages you are entitled to receive depends on the severity of your injuries, the extent of your property damage, and other factors. An experienced motorcycle accident lawyer will fight to get you the maximum compensation possible.
If you or a loved one has been injured in a motorcycle accident, contact an experienced personal injury lawyer today.
Punitive Damages
Punitive damages may be available if the other party’s negligence resulted in severe injuries or disabilities. These damages are designed to punish the liable party and discourage them from similar behavior in the future.
Proving punitive damages can be difficult, but your motorcycle accident attorney can help you gather evidence against the liable party. If successful, punitive damages can help you recover compensation for your losses and ensure that justice is served.
Wrongful Death in an Atlanta Motorcycle Accident Claim
If you’ve lost a loved one in a motorcycle accident in Atlanta, you may be wondering what your legal options are. While nothing can undo the tragedy of losing someone you love, filing a wrongful death claim may help to ease some of the financial burdens you’re facing.
Wrongful death claims allow surviving family members to recover compensation for their losses. While every case is unique, some of the damages that may be available in a wrongful death claim include funeral and burial costs, loss of companionship, and loss of enjoyment of life.
If you’re considering filing a wrongful death claim, it’s important to seek out experienced legal counsel. An experienced Atlanta motorcycle accident lawyer will be able to help you navigate the legal process and ensure that your rights are protected.
Don’t let the death of your loved one be in vain. Contact an experienced Atlanta motorcycle accident lawyer today to learn more about your legal options.
Filing a Motorcycle Accident Lawsuit in Atlanta
If you were involved in a motorcycle accident, you may be wondering if it is worth it to file a lawsuit. The answer depends on many factors, but in general, filing a lawsuit will give you the best chance of recovering the full compensation you deserve. An insurance settlement may seem like a quick and easy way to get money after an accident, but, insurance companies are interested in one thing: making a profit. That means they will often lowball victims to save money.
A motorcycle accident lawyer in Atlanta can help you fight for the compensation you deserve. Here at Walter Gabriel Law, our experienced attorney has a proven track record of success in motorcycle accident cases. He will work tirelessly to get you the maximum compensation possible. If you or a loved one has been involved in a motorcycle accident, contact the for a free consultation. Get the justice you deserve.
Pursuing a Personal Injury Claim for a One-Vehicle Accident
If you’re involved in a one-vehicle accident, you may be able to pursue a personal injury claim against the party responsible for maintaining the road. This could include the municipality responsible for road repairs or the owner of the property where the accident took place.
To succeed in a personal injury claim, you’ll need to show that the party responsible for the road was negligent in their maintenance and that this negligence led to your accident. This can be difficult to do on your own, so it’s important to consult with an experienced motorcycle accident attorney who can help you gather evidence and build a strong case.
Don’t try to tackle a personal injury claim on your own – get help from an experienced motorcycle accident attorney. Call today for a free consultation.
Filing Separate Claims for the Motorcyclist and Passenger
If both the driver and passenger want to file a personal injury claim, they will have separate cases. This is because everyone has their injuries and damages to seek compensation for. Both individuals are eligible to make a claim if another driver is at fault.
The same attorney can represent both individuals in some cases. However, there may be times when that is a conflict of interest. For example, if the driver and passenger have different versions of what happened or are seeking different amounts of compensation. In these cases, it’s best to have separate representation. If you’re not sure whether you should file separate claims, speak to an experienced attorney who can advise you on the best course of action.
Motorcycle Passengers Filing a Claim
If you were a passenger on a motorcycle at the time of an accident, it is likely that you are not at fault or the cause of the accident. You have the right to file a personal injury claim and working with a lawyer can help ensure that you receive the compensation you deserve from the motorcyclist, other drivers, or another liable party.
When you file a personal injury claim, you may be able to recover damages for your injuries, lost wages, and other expenses related to the accident. To have the best chance of success in your case, it is important to work with an experienced lawyer who can help you navigate the legal process and obtain the maximum compensation possible.
Time Limits to File a Motorcycle Accident Claim in Atlanta
If you’ve been in a motorcycle accident, you may be wondering how long you must file a claim. The general rule in Georgia is that you have two years from the date of the accident to file a claim. However, there are some exceptions to this rule. For example, if you are filing a claim against a municipality or government entity, you may have a shorter time frame in which to file. Additionally, if you are filing a claim for property damage, you may have a different deadline than if you are filing a personal injury claim.
It’s important to note that the statute of limitations can vary from state to state. So, if you’ve been in a motorcycle accident in another state, be sure to check the deadline for filing a claim in that state. If you’ve been in a motorcycle accident, it’s important to speak with an experienced motorcycle accident lawyer as soon as possible. An experienced lawyer can help you navigate the legal process and ensure that your rights are protected.
The sooner you speak with a lawyer, the better. Witnesses can disappear, accounts can change, and evidence can be lost over time. An experienced motorcycle accident lawyer will know how to investigate your case and build a strong claim on your behalf. Don’t wait to get the help you need after a motorcycle accident. Contact an experienced motorcycle accident lawyer today to get started on your claim.
What an Atlanta Motorcycle Accident Lawyer Can Do for You
While you focus on getting the medical care you need to heal from your injuries, an Atlanta motorcycle accident lawyer can take on your legal responsibilities. Your lawyer will investigate the collision, determine who is at fault, and acquire the testimony of expert witnesses to prove negligence. They will also calculate your total damages and negotiate with the insurance company to get you the compensation you deserve.
With an experienced motorcycle accident lawyer on your side, you can rest assured that your rights will be protected, and you will have the best possible chance of getting the compensation you need to recover from your injuries.
