Motorcycle enthusiasts enjoy a convenient method of transportation that enables them to enjoy the freedom of the open road. Unfortunately, riders also face the risk of serious injury in a collision.
If you are dealing with a motorcycle accident injury, a compassionate personal injury lawyer can help you hold the at-fault person or entity accountable. With the assistance of a College Park motorcycle accident lawyer, you can obtain financial compensation to cover your medical bills and other expenses.
Determining Negligence After a Motorcycle Accident in College Park
Negligence is a legal theory that allows an accident victim to recover compensation if they were injured by the carelessness of another person or entity. A motorcycle accident attorney can help injured parties file a negligence case and seek compensation for their losses.
When a driver acts recklessly behind the wheel, a nearby motorcyclist can suffer catastrophic injuries. Some common grounds for a motorcycle negligence claim include:
- Speeding
- Following too closely
- Failing to yield
- Fatigued driving
- Intoxicated driving
How to Prove Negligence
Proving negligence is a four-step process. First, a plaintiff must show the other person or entity owed them a duty of care, which is usually not an issue because motorists owe each other a duty to drive safely. The second step in this process is proving that the defendant breached this duty of care through a careless act, like speeding or failing to yield.
Third, a motorcyclist must show that the defendant’s carelessness/recklessness caused their injury. This link is known as causation. Ultimately, a defendant is not responsible for injuries that occur from a cause other than their negligence. The final step in proving negligence is establishing the injured party’s damages, which can be both economic and non-economic.
Shared Liability in a Motorcycle Crash
The cause of a motorcycle accident is not always crystal clear. Sometimes multiple factors can lead to a crash. In fact, motorcycle accidents could occur due to the negligence of more than one party.
Georgia law does not completely bar an injured person from pursuing compensation if they share in the fault of the accident. In College Park, courts follow a legal theory known as modified comparative fault.
Under this rule, bikers who are 49 percent or less at fault for the crash may seek monetary damages from the other party. However, the court will reduce the total amount of compensation by the biker’s degree of negligence.
Contact a College Park Motorcycle Accident Attorney Today
Although monetary compensation cannot undo the trauma of a motorcycle accident, it could ease your financial burden in the weeks/months to come. A civil lawsuit might also represent your best chance at obtaining justice from the person that caused the accident.
It is important to take swift legal action if you want to recover fair compensation. Reach out to a College Park motorcycle accident lawyer as soon as possible to schedule your initial evaluation.
