Georgia’s warm climate makes Marietta and the surrounding areas perfect places for motorcycle riding. Unfortunately, many drivers fail to watch for motorcyclists when they are on Georgia’s many winding roads. For more than 40 years, the attorneys of Kaufman Law, P.C. have been representing those in motorcycle accidents to pursue financial compensation for their injuries.
Motorcycle Accident Causes
While motorcycles are not significantly more likely to be in an accident than other cars, when an accident does occur, riders are more likely to suffer serious injuries.
Because cyclists are vulnerable, injuries can occur on any part of the body, making these incidents devastating for riders.
A few of the most common causes of motorcycle accidents include:
- Drivers making left-hand turns. The most significant risk to motorcycles is when drivers are turning left in an intersection. The driver fails to observe the motorcycle crossing the intersection and a serious accident can result.
- Road hazards. Potholes, debris on the road, and weather conditions can make riding a motorcycle hazardous.
- Cars changing lanes. The driver fails to watch for a motorcycle in the lane next to him or her, and suddenly pulls into the motorcyclist’s lane.
- Drivers open doors from parked cars as motorcyclists pass. The driver failed to watch for traffic properly before opening the car door, and the door hits an unsuspecting motorcyclist.
Proving Negligence in a Motorcycle Accident
Georgia law abides by the tort system, which means that to receive compensation from a negligent party, the plaintiff must be the one to prove the negligent party is responsible. The plaintiff must also be less than 50% responsible for the accident to receive an award from the defendant. Motorcyclists who are hurt in an accident might not be successful in pursuing a personal injury claim against another party if they were speeding, lane splitting, or otherwise driving recklessly to such a degree that they were as much at fault for the incident as the other party.
If a motorcyclist was at fault to some degree, but less than 50%, he or she may be eligible for compensation. The courts call this comparative negligence. For instance, if a driver turns left in front of a motorcyclist, but the motorcyclist was going 10 mph over the speed limit, the court may determine the driver was 75% responsible for the accident. In this instance, the motorcyclist’s speeding is 25% responsible for the collision. In such a case, the courts would reduce the cyclist’s compensation by his or her 25% fault, but the cyclist would still receive 75%.
Insurance companies may use this as leverage against those who have been in motorcycle accidents. Because of this, it’s wise to avoid accepting a settlement from an insurance company until you speak with an attorney. The attorneys of Kaufman Law, P.C. will work to show the facts of your case to ensure you receive a fair settlement.
Track Record of Success
Our attorneys have a proven track record of getting millions of dollars in compensation for those who have been in a motorcycle accident. Your motorcycle accident doesn’t have to become a financial tragedy. Kaufman Law, P.C. is here to help.