It is a common myth that motorcycle riders assume all the risk whenever they get on their bikes. Some car and truck drivers think if there is an accident then the biker will not be able to make a claim for damages. As a result, motorcycles are not always given the full respect they deserve on the road. The truth is, all motorists are extended the same rights and obligations under the law.
A Dunwoody motorcycle accident lawyer can allow an injured biker to have the best chance to obtain compensation for their injuries. Our seasoned personal injury attorneys can identify the cause of the incident, evaluate how that incident has changed your life, and file a claim for negligent drivers and their insurance company to provide compensation.
Who Carries the Blame in a Motorcycle Crash?
Georgia law provides equal protection to all people on the road, no matter the type of vehicle they are driving. Everyone has a duty to watch out for the well-being of everyone else they may encounter on the road. This means driving safely and responsibly.
Negligence is a legal concept that allows an injured person to hold another party responsible for their losses. Official Code of Georgia Annotated § 51-12-33 says courts considering negligence cases must evaluate the actions of victims, as well as defendants, to assign blame for a collision. Because of this, it is critical to promote a powerful case in front of insurance companies.
In other situations, evidence that a defendant has violated a rule of the road is proof of fault. Speeding, improper lane changes, and even DUI are all examples of negligence which could lead someone to be cited by law enforcement. A Dunwoody motorcycle crash attorney knows how to find the evidence needed to prove fault.
Examples of Motorcycle Injury Losses
Potential injuries in a motorcycle crash range from the physical, to the economic, to the psychological. People generally assume they will receive compensation for direct costs, such as an ambulance trip and emergency room visit, but the entire purpose of an insurance settlement is to make the victim whole again. In other words, to put them in the same position they would be in if the accident had never happened.
In certain circumstances, this can include compensation for economic hardship and mental anguish. Common examples of these losses include:
- Loss of income from missing time at work
- Loss of consortium with a spouse
- Loss of enjoyment of life
- General pain and suffering from the ordeal
Not every case can claim all the above categories, but it is unusual for a claim not to have some consideration for the emotional impact of the collision. A motorcycle accident lawyer is ready to prove how a crash in Dunwoody has affected every part of a person’s life.
Let a Dunwoody Motorcycle Accident Attorney Help You
A motor vehicle crash can be a physically and mentally scarring experience. In addition to any physical injuries (which can include traumatic brain damage, especially if you do not wear a helmet), you may be facing months or years of mental trauma as a result of another driver’s negligence, as well as a potential loss of income.
Our Dunwoody motorcycle accident lawyer understands the ramifications that a collision can have on you. The Childers, Schlueter & Smith team takes the time to understand the impact of the crash on your life and makes these effects clear in the demand package sent to the insurance company. Call our law firm and ask for a free consultation to see if a Dunwoody motorcycle accident lawyer can assist you.