Riding a motorcycle comes with significant risks. Unlike cars or trucks, a motorcycle offers little in the way of protection during a collision. Riders also face the risk of falling from a bike, skidding on pavement, or even falling in the path of oncoming traffic.
When such an accident occurs due to another person’s negligence, you might benefit from a consultation with a practiced injury attorney. An Augusta motorcycle accident lawyer could advise you on the strength of your claim and answer questions related to the litigation process.
Motorcycle accidents can happen for a variety of reasons, but most often, they are caused by the negligence of another driver. Some of the most common causes of motorcycle accidents include:
– Driver inattention or distractions
– Driver errors, such as failing to check blind spots
– Speeding or reckless driving
– Road hazards that are not appropriately marked or which the driver fails to see
– Drunk driving
When any of these factors are involved, the rider is at risk for serious injury. Often, motorcyclists are thrown from the bike, resulting in head and spine injuries. They can also be struck by oncoming traffic or other vehicles.
Before an Augusta motorcycle crash attorney may recover compensation on behalf of a plaintiff, they must demonstrate that the defendant was responsible for the accident and subsequent injuries. To do so, they must establish all four elements of legal negligence: a duty of care, breach of the duty of care, causation, and damages.
In any negligence claim, the plaintiff’s case begins with establishing that the defendant driver owed the plaintiff a duty of care. A duty of care is a legal obligation imposed on an individual to act reasonably and safely when performing tasks that could potentially harm others. In a motorcycle accident lawsuit, it is assumed that all drivers owe one another a duty to drive safely.
Once a plaintiff demonstrates the defendant owes them a duty of care, their next step is to prove the defendant breached that duty. A breach typically involves a careless, reckless, or wanton act that injures the plaintiff. Typical examples of breaches that may lead to a motorbike wreck include speeding, driving while distracted, or failing to yield.
The third element of negligence is causation. To prevail at trial, a plaintiff must connect their injuries directly to the defendant’s breach of duty. A defendant is ultimately only responsible for injuries their negligence caused.
Finally, to recover monetary compensation from the defendant, a plaintiff must have suffered a compensable injury in the motorcycle accident. Without compensable damages, a plaintiff does not have grounds for recovering money from the defendant. A plaintiff may also recover non-economic damages for pain and suffering or decreased quality of life.
Liability is not always simple to establish in every motorcycle accident. While many collisions occur due to the negligence of a single driver, some crashes occur as a result of shared fault among multiple drivers. When retained for a case, it is the job of a motorcycle crash lawyer in Augusta to establish that the defendant was primarily at fault for a motorcycle crash.
Georgia state law allows a plaintiff to pursue damages against a defendant as long as they are less than 50 percent at fault. However, a court would reduce the plaintiff’s recoverable damages by the percentage of fault they bear. For example, a motorcycle rider that was 30 percent at fault would be able to recover 70 percent of their damages at most.
Generally, motorcycle accident victims may seek compensation for:
If you miss work because of your motorcycle accident injuries, you can seek compensation for lost wages. This may include past and future earnings. If you are unable to return to work at all, you may be able to recover damages for loss of earning capacity.
When you are injured in a motorcycle accident, you may be entitled to compensation for all of your past medical expenses related to the accident. This includes costs for hospitalization, surgery, doctor’s visits, medication, physical therapy, and counseling. If your injuries are expected to require ongoing treatment in the future, you can also seek compensation for those future costs.
Motorcycle accidents can cause serious injuries that lead to lost wages. Injuries can include cuts, bruises, broken bones, and even death. When an accident occurs, the injured person may need to take time off work to recover. This can lead to lost income. In some cases, the injured person may not be able to return to work at all. This can result in a loss of income that can be very costly. An attorney can help you seek compensation for all of the earnings you have or will lose due to a motorcycle accident.
Motorcycle accidents can be incredibly traumatic, not only for the riders involved but also for their families and friends. Often, these accidents lead to serious injuries, including pain and suffering. Not only are the victims’ physical injuries costly, but their emotional injuries can be just as devastating. Many survivors suffer from post-traumatic stress disorder (PTSD) or depression after a motorcycle accident. These conditions can be very costly to treat as well.
The victims must deal with physical and emotional injuries, while the families must cope with the financial burden of treatment. It is a difficult situation for everyone involved, and an attorney will ensure that all of the possible compensation is achieved.
When someone is involved in a motorcycle accident, they can often experience a wide range of emotions, such as fear, panic, shock, and anger. These emotions can be very overwhelming and can often cause long-term distress.
Many people who are involved in motorcycle accidents struggle to cope with the emotional trauma. Some may find it difficult to return to their regular life after the accident, while others may suffer from anxiety or depression. It is important for these people to seek out help from a therapist or counselor who can help them deal with the emotional aftermath of the accident. Getting these expenses covered can sometimes be tricky, but the right attorney will make sure that you have nothing to worry about.
If you suffered injuries in a motorcycle accident, you might have serious physical and mental pain, as well as new financial burdens. Through a motorcycle crash claim, you may be entitled to seek compensation from the person liable for your injuries, but filing a claim can be complex.
An Augusta motorcycle accident lawyer could help you through every step of the process. Going through a personal injury claim process can mean that you have to deal with your insurance company, as well as the other driver’s insurance company. Augusta motorcycle accident lawyers are well versed in dealing with handling motorcycle accident claims and everything the case may entail. Proving driver negligence, seeking compensation, getting medical bills covered, and in some cases, proving wrongful death.
Seeking immediate medical attention can be critical before working on a motorcycle accident case. Having medical records proving all of your injuries sustained in a motorcycle accident can make it easier when trying to establish negligence, as well as receiving financial compensation. Having a clear accident scene report makes dealing with the insurance company as a motorcycle accident victim a little bit easier. Scott A. Pryor, Attorney at Law, LLC, aims to seek the maximum compensation possible for accident victims and is ready to answer any questions you may have. Call today at (404) 474-7122 to discuss your case and receive the help you need to maximize your financial recovery.