For millions of Americans, motorcycle riding continues to be a popular pastime, or even an obsession. At any given time, you are likely to see at least a few bikers on Kennesaw roads. Local motorcycle riders enjoy riding to and from Kennesaw Mountain and delight in cruising around town.
What is no fun at all is a motorcycle crash. Even less appealing โ and often daunting โ is pursuing compensation. That is where Kaufman Injury Law comes in.
We handle every step of the legal process for you, which gives you the time for more personal and pressing matters related to your injury. Put your case in our hands and let our team work to get you compensated as you should be. Call Kaufman Injury Law for a free consultation today.
Who Pays After a Motorcycle Crash?
In Georgia, motorcycle accident compensation is paid by the liable party or their insurance company. A party is liable for an accident when they fail to take reasonable care and cause injuries or property damage.
Reasonable care is codified, by and large, in traffic and criminal statutes that deal with autos and motorcycles. All of the following acts would be considered unsafe, unlawful, and unreasonable:
- Speeding
- Failure to stop or yield
- Improper lane change
- Tailgating
- Road rage
- Aggressive driving
- Driving too fast for current conditions
Committing a traffic violation or unlawful act does not make someone liable for an accident unless it can be proven that such action is the cause of an accident and the resulting losses. For example, someone can be in the act of committing a traffic violation and get in an accident without the violation being the cause of the accident.
If it can be shown that one driver was primarily at fault, the injured person can seek compensation from the at-fault driverโs insurer.
The At-Fault Driverโs Insurance Coverage
When a driver is liable, their insurance policy should kick in to cover the motorcycle riderโs losses up to policy limits. However, insurance companies frequently dispute claims, especially from claimants without lawyers. When no lawyer is in the picture, adjusters see an opportunity to convince or even compel a victim to settle for less.
When our attorneys take on a motorcycle claim, our reputation precedes us. Insurance companies are well aware of our track record of success and know we do not accept anything less than our clients deserve.
Uninsured Motorist Coverage
If the liable driver does not have insurance, or if your damages exceed their insurance coverage, uninsured/underinsured motorist coverage can help fill in the gap. However, it may prove difficult to succeed in your claim without an attorney.
Other Sources of Compensation
Outside of the different types of auto insurance coverage, other potential sources of compensation may be accessible in your accident case, including:
- Workersโ Compensation: Available if you were on the clock during your motorcycle accident
- The Liable Driver: A direct lawsuit against the liable driver
- The Liable Driverโs Employer: If the driver was on the clock at the time of the motorcycle accident
- A Government Agency: If the government was negligent in road upkeep or was the employer of an at-fault driver
- Motorcycle Parts Makers: For defective motorcycle products and equipment
- Homeowners and Landscapers: For trash and landscape debris, such as tree limbs, thrown onto the street
Other parties that may make this list include motorcycle rental companies, motorcycle repair shops, pedestrians, and bicyclists. Whoever should pay, Kaufman Injury Law will work hard to hold them accountable.
Damages Categories
The compensation we win for you is classified into categories of damages. Many accident victims are surprised to learn the many types of damages available for their pain and losses.
Compensable damages in motorcycle crash cases include:
- Hospital and medical treatment and care
- Injury-related expenses, such as home health care and medical equipment
- Lost income and future earnings
- Decreased quality of relationships and life
- Mental anguish
- Permanent disability
Sadly, Georgia motorcycle riders experience fatalities at a higher rate than drivers of cars and trucks. If you are a qualifying family member and your loved one has been taken from this world by negligence or unlawfulness, you can seek compensation from a wrongful death lawsuit.
Damages in wrongful death lawsuits are based on the losses of the deceased, not the surviving family members. Proceeds from the wrongful death lawsuit must be distributed according to Georgia law, which requires that the surviving spouse receive at least one-third of the proceeds.
A motorcycle accident is unfortunate and often tragic. Damages do not erase this trauma. They are, however, powerful relief for suffering victims and their families. Kaufman Injury Law motorcycle accident attorneys will aggressively pursue each category of compensation you are entitled to.
How a Motorcycle Accident Lawyer Can Help
The right to compensation for injuries is powerful in Georgia. However, the amount of compensation is largely determined during the claim process. Insurance companies and liable parties have the right to dispute and deny victimsโ claims within reasonable grounds. But what qualifies as unreasonable?
If an insurance company denies your claim or offers you less than a third of what you should get, how can you know that this is less than you deserve?
At Kaufman Injury Law, we know a subpar offer when we see one. Sadly, many unrepresented motorcycle accident victims do not. In some cases, we have received triple, quadruple, or more than 10 times the amount first communicated to our clients.
As your representative, Kaufman Injury Law will take charge of your case and handle every crucial aspect of your claim, including:
- Paperwork and document management
- Informal and formal rules compliance
- Expert witness consultation
- Comprehensive case investigation
- Evidence collection and analysis
- Insurance company negotiation and litigation
Although we handle everything, you are ultimately in charge. Thatโs why we keep you informed and up to date on every material aspect of your case. We also make ourselves available to you 24/7 during our time as your counsel.
Statute of Limitations Issues
The right to compensation does not last forever. You have a two-year window to file a personal injury lawsuit in Georgia, which means you must settle your insurance claim or start a lawsuit within two years of your accident. Missing this deadline will result in you losing the right to seek damages.
There is an exception, however, that applies to some motorcycle accident cases. If a victim is a minor, the two-year timeline does not begin until the victim turns 18.
Motorcycle Accident Lawyer Costs
At Kaufman Injury Law, our Kennesaw motorcycle accident lawyers see no payments unless and until we recover compensation for you. In other words, if your attorney doesnโt win, you donโt pay.
When your case is over, you will be charged a percentage of the settlement or award. We may charge a higher percentage if your case goes to trial. During your free consultation, weโll explain our fee structure in detail.
Let Kaufman Injury Law Fight for Your Future
Were you injured in a motorcycle accident on I-75 or while riding to class at Kennesaw State? Donโt trust an insurance company to tell you how much compensation you deserve.
The Kennesaw motorcycle accident lawyers at Kaufman Injury Law will give you an accurate evaluation of your case, on-point guidance, and the answers youโve been looking for. Call for a free consultation today and learn how we can help.
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