Personal Injury

The Anatomy of a Motorcycle Wreck Case in Atlanta: What You Should Know

January 8, 2025

Motorcycle riding is fun but, as everyone knows, it can be dangerous. A motorcycle accident can cause serious, even catastrophic or fatal injury. What many motorcycle riders may not know is that it can also result in major financial consequences, medical debt, and long-term physical recovery. Whether you’ve been injured or lost a loved one in a motorcycle accident, knowing what to do immediately after an accident is important for your safety, health, and legal protection. 

About the Immediate Aftermath of an Accident

Ensure Your Safety and Check for Injuries

First, get to safety and check for injuries. If you’re able to, move yourself out of the way of oncoming traffic to avoid further harm. Check for any immediate injuries to yourself and your passengers. If you’re not seriously injured, try to assess the condition of others involved in the crash, including pedestrians, other drivers, and other passengers. If anyone is unconscious or severely injured, avoid moving them unless they’re in immediate danger, such as fire or oncoming traffic. 

Call 911 to Report the Accident Immediately

Dial 911 or call law enforcement to report the accident immediately. Even if the crash seems minor, it’s important to have an official assessment of the accident and medical professionals on the scene to assess and treat injuries. Law enforcement can stop or divert traffic so that you and others can be protected from further harm and write a report that will be useful later on for insurance or legal matters. Paramedics can evaluate your condition, even if you think you are not injured or have only minor injuries. Some injuries, like concussions or internal bleeding, may not be immediately obvious but a medical professional will know what to look for.  

Gather Information

While you are waiting for help to arrive, if you are able, take note of the time, your surroundings, and any contributing factors to the accident, such as road conditions, weather, and traffic. Once the scene is secure and you have had the necessary medical treatment, begin gathering relevant information, including: 

  • Names, addresses, and contact information of all involved parties (drivers, passengers, witnesses);
  • Insurance information of the other driver(s);
  • License plate numbers and the make/model of the vehicles involved;
  • A description of the accident scene, including road conditions, traffic signs, and any contributing factors (weather, visibility, road conditions, etc.);
  • Photographs of the accident scene, your motorcycle, and any damages to other vehicles or property. Photos can be crucial evidence in the event of a legal claim or insurance dispute.

When you have time, after the scene is cleared and you have received medical treatment, write out your account of what happened as best you can remember. Memories fade over time, so having an accurate, detailed description of your recollection of exactly what happened will be useful in any insurance or legal proceeding. 

Tips for Seeking Medical Care for Your Injuries

Even if you don’t feel injured immediately after the accident, seek additional medical attention (other than from the paramedics) as soon as possible from your doctor or local hospital. Motorcycle accidents often result in injuries that are not apparent until hours or days later. Whiplash, soft tissue damage, and concussions are just a few examples of injuries that can appear later. These injuries can have serious long-term impacts that could cause permanent health problems. Catastrophic injuries are also common. A full medical evaluation will document any injuries which will be helpful in your recovery for insurance and legal claims. 

Save everything –  all hospital paperwork, information about medical treatments and prescriptions, and healthcare expenses related to the accident. Take photos of your injuries during your recovery to track your progress and for possible use in a settlement or lawsuit. Follow all treatment plans and prescriptions your doctors provide and keep all medical appointments to ensure the most complete recovery possible.

Proof of serious personal injury and treatment may lead to monetary recovery for lost wages and medical bills. Compliance with medical advice is important for your medical recovery and for securing your legal rights. Failure to follow all prescribed treatment and take recovery seriously could cause any financial recovery to be diminished.

Reporting the Accident to Your Insurance Company

Notify your insurance company about the accident as soon as possible. In most cases this should be done within 24 to 48 hours of the accident. Provide the insurance company with all of the relevant information you collected from the accident, including photographs, witness contact information, and the accident report, if available. Check your insurance policy to see what coverage you have for medical expenses, lost wages, property damage, or other coverage. Your insurer will guide you through the claims process and inform you of what’s covered under your policy. 

Speaking with an Atlanta Motorcycle Wreck Attorney 

If the accident was caused by another driver’s negligence, if you have serious injuries, or the motorcycle malfunctioned, consult an experienced motorcycle accident attorney to navigate the complex legal and insurance processes. Lawyers specializing in motorcycle accidents, like those at Mabra Law, can help you navigate the legal and insurance systems. We will work on your behalf to ensure you receive compensation for medical bills, lost wages, pain and suffering, and other damages. 

An Atlanta motorcycle wreck attorney at our firm can also assist with negotiating with insurance companies, including your own. This is particularly helpful if they offer you nothing or a very low settlement offer. In Atlanta, liability for motorcycle accidents can be tricky, which can result in little or no recovery for the motorcyclist. If you are seriously injured in an accident, you did not cause; you could still be considered the at-fault driver under the law, even if the other party was completely unharmed or clearly at fault. You may need an attorney to assist you with dealing with your own insurance company to protect your legal rights. While most motorcycle accident cases do not go to trial, an attorney can sue for you if necessary. 

A lawyer can also review any paperwork or settlement agreement you receive from your insurance company before you sign anything. This can be important to ensure you are getting everything you deserve under your policy. If necessary, the attorney can take the case to court to fight for you and make sure that you get everything you are entitled to. 

It is free to call an attorney about your legal options. A lawyer with experience in motorcycle accidents will help you get compensation for medical bills, lost wages, and pain and suffering. It’s best to consult an attorney as soon as possible to avoid the statute of limitations from running out. If you lost a loved one in an Atlanta motorcycle accident, talk to a lawyer about a wrongful death claim. It’s free to call and you are under no obligation to move forward.

Keeping Detailed Records

Throughout the recovery process, it is important to keep detailed records of all medical treatments, expenses, lost wages, and interactions with insurance companies, lawyers, doctors, and hospitals. Your medical paperwork will be valuable when negotiating a settlement or pursuing a lawsuit. Provide all of your records to your attorney as soon as possible so that your attorney can get the best possible financial recovery for you.

Fighting in Court

If you end up pursuing a lawsuit, it is important to know that the legal process can take time. If you work with Mabra Law, we will keep you informed of what’s happening in your Atlanta motorcycle accident lawsuit, and you can reach out to us any time to get an update.

A lawsuit takes time because it involves several stages before and after the lawsuit starts. Here is a breakdown of how it works:

Pre-Lawsuit Stage

Before the lawsuit, your lawyer will analyze your case and chances of recovery, gather all information, talk to your insurance company, and prepare the lawsuit. These steps are considered the pre-lawsuit stage of the legal proceedings. Your attorney may be able to get you a settlement without going to court at all. Many people involved in accidents prefer a settlement because they have already been through so much trauma, and avoiding court is advantageous. The last thing many injury patients want to do is drag the matter out further, face the possibility of a deposition and a trial, and gamble on a jury or judge’s decision. You should understand that going to trial can result in losing and getting nothing at all, while a settlement can end the matter more quickly. You may end up getting less than the total amount you want, but you also avoid the difficulty of a time-consuming lawsuit. 

Pleadings Stage

The next step is the lawsuit itself. It starts with the pleadings stage, which involves drafting a complaint, a summons, and several other important documents and filing them with the court. Then, the complaint must be served on the defendant, whether that’s an insurance company or the driver or person responsible for the accident. Then, the defendant gets time to respond (usually at least 30 days, sometimes longer). The defendant may respond to the complaint by filing an answer or may file a motion to dismiss or a number of other motions. Each filing requires time for the court to process it, time for it to be served on the other party, time for the other party to respond, and sometimes a hearing for the judge to examine the matter and rule on it. 

Discovery Stage

After that is the discovery stage of the lawsuit; in Discovery, each party gathers the official evidence they hope to use at trial. It includes written questions to the other side, requests for documents from the other side, subpoenas to third parties for documents or depositions, and depositions of the parties. A deposition is when a person is put under oath (under penalty of perjury) and is asked questions by the other side’s attorney about what happened. Depositions often last several hours. Sometimes, they go for an entire day. The discovery stage of the lawsuit usually lasts at least three months, often longer depending on how complicated the case is and how much the two sides fight each other on discovery. 

Final Motions Stage

The final motions are then filed. This stage is often called the Motion for Summary Judgment stage. Either or both sides may choose to file a motion that asks the judge to rule on the case without going to trial because they believe the evidence is entirely in their favor. These motions can take 30-60 days to draft and then almost always require a hearing with oral arguments before the judge. Depending on how busy the judge is, it may take weeks or months for the judge to rule. If the motion(s) for summary judgment fails, your lawyer may file other motions before the trial that are usually referred to as pre-trial motions. These help get your case set up for trial and often have to do with whether certain will be heard at trial.

Trial

Finally, the trial stage comes up. If the judge is very busy, it may take months before the case goes to trial. If you were involved in the accident, you almost certainly would have to testify at the trial. Trials can last days or even weeks, depending on the complexity of the case.

Each of the above steps adds up to many months, sometimes a year or even two. If you opt to go to trial, it is important to be patient and wait for the lawyers to work through the entire process. If you lose at trial, your attorney may advise an appeal if there are sufficient legal grounds for one. 

Speak with an Atlanta Motorcycle Accident Attorney to Discuss Your Case

If you or a loved one has been injured or killed by a negligent driver while riding a motorcycle or has crashed due to a malfunction with the motorcycle, reach out to Mabra Law for legal representation. Our experienced motorcycle crash attorneys will work with you to build a strong case and advocate for you so that you can focus on healing while we pursue restitution and protect your legal rights. Contact our personal injury attorneys today for more information and to understand how we can assist you.