Motorcyclists are at a higher risk of wrecks, catastrophic injuries, and even fatalities in the U.S. However, even if motorcyclists are seriously injured in a wreck they did not cause, they could still be considered the at-fault party — even if the other party was completely unharmed or clearly at fault. It’s simply not right if you or a loved one have to deal with the devastating injuries caused by a motorcycle wreck, on top of fighting for a denied insurance claim or being offered a much smaller settlement than you deserve.
If you’ve been injured by a negligent driver while riding your motorcycle or crashed as a result of a parts malfunction, it’s time to seek legal representation. At Mabra Law, we work with you to build a strong case and advocate for you, so you can focus on healing while we pursue restitution.
Causes of Motorcycle Accidents
Like most accidents, crashes involving motorcycles are rarely truly unavoidable. The most common cause is negligence on the part of another driver. Many collisions can be prevented if drivers pay attention and follow the rules of the road. With that said, here are the leading causes of motorcycle wrecks in Atlanta.
Failure to Yield at Intersections
When a vehicle fails to yield to a motorcyclist, accidents can quickly happen. This often occurs when someone attempts a left-hand turn in front of an oncoming motorcycle.
Drivers may misjudge a motorcycle’s speed or not see it coming at all. Either way, they then suddenly find themselves in the path of a motorcycle.
Distracted Driving
Dangerous distractions are becoming a more serious problem across Atlanta. If someone is reading or looking at a map on their phone, they may not see your motorcycle until it’s too late.
Motorcycles are also smaller than most cars and trucks on the road. They can easily be hidden by surrounding vehicles or structures.
Unsafe Lane Changes and Blind Spots
One of the most common mistakes that causes accidents is failing to pay attention to blind spots. When changing lanes, they sometimes move right in front of a motorcycle. These types of accidents are common on Atlanta highways, like I-85, I-75, and I-285.
Speeding & Aggressive Driving
Speeding is always dangerous, but can be particularly harmful to motorcyclists. Not only does speeding cause more accidents, but it also leaves drivers with very little time to react.
Aggressive driving also causes hundreds of motorcycle accidents every year. This can include things like road raging, tailgating, or weaving through traffic.
Driving Under the Influence
Drunk drivers cause thousands of serious accidents every year in Atlanta. Operating a vehicle under the influence of drugs or alcohol impairs your judgment and reaction time.
Drivers who are impaired tend to cause more severe wrecks than someone who is fully attentive and aware of their surroundings.
Road Hazards & Poor Conditions
Poor road conditions can cause even the most careful drivers to lose control of their vehicles. Motorcycles can quickly lose traction on loose gravel, uneven roads, or debris on the road. Some common road hazards that cause motorcycle accidents include:
- Potholes
- Gravel
- Construction zones
- Poorly painted lines
Motorcycle Accident Injuries
Motorcycle accidents can cause some of the most severe injuries from car crashes. Unlike other vehicles, motorcycles do not provide any external protection against the impact of a crash. Typically, when someone is involved in a motorcycle wreck, they will receive some type of serious injury.
Brain Injuries
Head trauma is one of the most common and serious injuries that can occur during a motorcycle accident. If you were not wearing a helmet or your helmet was damaged during impact, you could suffer from a traumatic brain injury.
Spinal Cord Injuries
Similar to brain injuries, motorcyclists can suffer from spinal cord injuries that cause permanent paralysis. Paralysis can completely change someone’s life and require around-the-clock care.
Broken Bones
Another common injury that can occur from motorcycle accidents is broken bones. From the impact of hitting another vehicle or the pavement, bones can be easily fractured or broken. Some of the most common bones broken during motorcycle wrecks are legs, arms, ribs, and collarbones.
Road Rash and Abrasions
If you are thrown from your motorcycle, you will most likely land on the pavement. This can cause many cuts and bruises, also known as road rash. Road rash can be severe and cause serious infections that leave permanent scars.
Internal Injuries
When someone suffers from internal bleeding, it means that they have damaged one of their internal organs. These types of injuries can be life-threatening if not treated quickly.
Catastrophic Injuries
A catastrophic injury is an injury that may permanently disable someone from working. These types of injuries can be very expensive due to the lifelong care they’ll need.
Wrongful Death
In some cases, motorcycle accidents can be fatal. If your loved one has died because of someone else’s negligence, you may be entitled to file a wrongful death lawsuit.
Compensation for Motorcycle Accident Injuries
Motorcycle accident victims in Atlanta may recover compensation for a wide variety of losses. This includes things like medical expenses, lost wages, and pain and suffering.
There are many different factors that go into calculating a motorcycle accident claim. Some of these damages include:
Economic Damages
- Medical expenses like bills and hospital stays
- Lost income from missing work
- Repair costs for your motorcycle
Non-Economic Damages
- Pain and suffering
- Emotional trauma
- Loss of enjoyment of life
Future Damages
- Future medical expenses
- Lost earning capacity
It’s important to factor in future damages when valuing your case. Many people immediately think of their current medical bills and lost wages. However, these often make up only a fraction of your total case value. Since the effects of a serious injury can last a lifetime, it’s important to plan for the future.
Determining Fault in Atlanta Motorcycle Accidents
Negligence is used to determine who is at fault for causing an accident. In order to prove negligence, you must prove the following elements:
- Someone failed to exercise a duty of care
- Reasonably foreseeable harm resulted from their actions
- Those actions or inactions caused actual damages
You can prove negligence by using evidence such as:
- Police reports
- Witness testimony
- Photographs of the scene and your injuries
- Traffic cam footage
- Accident reconstruction
Georgia’s Comparative Fault Rule
In Georgia, we follow a modified comparative fault rule. This means that you can recover compensation as long as you are less than 50% at fault.
However, your compensation will be reduced by your percentage of fault. For example, if you were determined to be 25% at fault and your damages totaled $100,000, you could still recover $75,000. Have your lawyer negotiate with the insurance company.
If you think you were partially at fault for your accident, it’s important that you hire an attorney. There is a common and overwhelming bias against motorcyclists in Atlanta and elsewhere throughout the country. Insurance companies will try to blame the motorcycle rider in every case. Let an experienced lawyer examine all of the evidence and fight for your right to compensation.
Call Our Atlanta Motorcycle Accident Lawyers Today
Were you injured in a motorcycle accident in Atlanta? You may be eligible to pursue compensation through a personal injury claim. Serious injury claims require detailed analysis. Insurance companies know motorcycle claims are often worth more money and will fight hard against your claim.
Evidence needs to be gathered to build your case. This means grabbing footage from traffic cameras and obtaining witness information. Don’t let an insurance company take advantage of you following a motorcycle accident. Call today to schedule your free consultation.
Motorcycle Accident Lawyer FAQs
What should I do after a motorcycle accident?
After a motorcycle accident, you should seek medical attention right away. You should call the police and allow them to file a report. If you are able, take pictures of your injuries and the accident scene. Get the contact information of witnesses and the other driver’s information. You should not admit fault or tell your side of the story to the insurance company. Talk to an Atlanta motorcycle accident lawyer at Mabra Law before giving any statements.
How do I determine who is at fault in my motorcycle accident?
Three factors can determine fault in motorcycle accidents. But the main question you should be asking is whether someone was negligent. Drivers have a duty to exercise reasonable care when on the road. If someone breaches that duty and causes an accident, they are typically considered negligent. Your lawyer will use the evidence mentioned above to build your case. They will know what facts are important and how to prove fault.
Can I still get compensation if I wasn’t wearing a helmet?
Not wearing a motorcycle helmet is illegal in Georgia, but that does not mean you cannot receive compensation if you weren’t wearing one. The question is whether your injuries would have been worse if you had been wearing a helmet. For example, if you broke your leg during the accident and suffered head trauma, not wearing a helmet won’t matter.
What is the average cost to hire a motorcycle accident attorney?
Most motorcycle accident attorneys work on a contingency basis, which means there are no upfront fees. You will typically not owe your lawyer any fees if they do not win your case. At Mabra Law, during your consultation, we will explain how they are paid, as well as any expenses you may be responsible for.
Call Mabra Law Now to Schedule Your Free Consultation
Motorcycles are becoming a more popular mode of transportation here in Atlanta. While they can provide a convenient way to get around, they also increase your risk of being involved in a serious accident.
At Mabra Law, we help riders all over the city of Atlanta pursue the compensation they deserve through a motorcycle accident claim. Contact us today to schedule your free consultation.