Motorcycle Accident Lawsuit

In a traffic accident involving motorcycles and automobiles, it is likely that the motorcyclist will suffer more harm than the auto driver who is protected by airbags, a steel frame, and additional safety features. Even if a motorcyclist has years of experience and is driving defensively while obeying all traffic laws, he or she can still be involved in a very serious collision on the roadway. Unfortunately, many insurance companies unfavorably stereotype motorcyclists as being careless and reckless.

If you or a loved one has been seriously injured in a motorcycle accident, The Eichholz Law may be able to assist you. We have a detailed understanding of motorcycle laws and the resources to fully litigate any motorcycle injury claim.

Motorcycle laws vary from state to state. Georgia, for example, requires that all road-going motorcyclists must wear eye protection and helmets to reduce the risk of motorcycle injuries. Strict DUI laws are also being enforced in an attempt to reduce the chances of an accident occurring. Unfortunately, despite all of these safety measures, accidents happen.

Frequently Asked Questions About Motorcycle Accidents

If I am in a motorcycle accident, what steps should I take?

Is there a time limit for filing a claim?

I was not wearing a helmet when the motorcycle accident occurred. Am I still able to recover damages?

Do I really need a lawyer if I was in a motorcycle accident?

Do I need to call law enforcement if I have a motorcycle accident?

Do I need to notify my insurance company after a motorcycle wreck?

An automobile turned left in front of my motorcycle, resulting in a wreck. Whose fault is it?

Who may be held accountable for death or injuries stemming from a motorcycle accident?

How long does it take for a motorcycle accident case?

What if a pothole caused my motorcycle crash?

What if I can no longer work after my motorcycle accident?

Do I have to go to court for my motorcycle accident?

My injuries are minor. Should I still see a physician?

If I am in a motorcycle accident, what steps should I take?

It is in your best interest to meet with an attorney as quickly as possible following an accident. Always remember that you do not want to admit fault nor sign any papers (from an insurer, for example) before speaking with legal counsel. Take pictures at the scene of any damage to the motorcycle and any injuries sustained. Seek medical treatment quickly, and keep track of all the medical bills and records. In addition, document all expenses related to the collision and injury.

Is there a time limit for filing a claim?

The state of Georgia sets a limit of two years for taking legal action after a motorcycle accident. It is advisable, however, to seek legal counsel from an attorney as quickly as possible. Evidence needs to be gathered and witnesses need to give their accounts while details connected to the collision are still fresh. Our law firm is able to build the strongest case with accurate, fully documented evidence. So, the quicker you act, the sooner our team can begin doing what we do best in helping you recover maximum compensation for your injuries.

I was not wearing a helmet when the motorcycle accident occurred. Am I still able to recover damages?

If the accident was the fault of someone else’s negligence, you will likely not be prevented from recovering compensation for your injuries, even if you failed to comply with the state’s mandatory helmet law. The issue may come into play, however, when decisions are being made about the amount of damages to which you are entitled. It could have some bearing on the case if evidence is presented showing that your lack of a helmet contributed to the injuries.

Do I really need a lawyer if I was in a motorcycle accident?

A highly skilled attorney will discuss with you:

the issues of your case
whether or not you have a valid damages claim
compliance with traffic laws
regulations of motor vehicles
liability and fault
medical treatment

The above items are all things best understood by an experienced attorney who has a proven track record of success in motorcycle and auto accident cases.

Do I need to call law enforcement if I have a motorcycle accident?

Absolutely. Do not allow the other party (negligent driver) to convince you not to call the police. The officer will create an accident report from investigations at the scene of the wreck and from speaking to witnesses. This official report can turn out to be a very critical part of the evidence used in obtaining maximum financial compensation from the negligent party. Insurance companies may try to deny or reduce an accident claim if there is no accident report from law enforcement.

Do I need to notify my insurance company after a motorcycle wreck?

Yes. During the process, however, keep the comments to a minimum. Even though the company is supposed to be representing you, the things you say can potentially be used negatively against you in an attempt to deny or reduce your claim. Use extreme verbal caution after an accident. Speaking with a qualified personal injury attorney from The Eichholz Law Firm immediately after a collision can help prevent unhealthy exchanges with other entities.

An automobile turned left in front of my motorcycle, resulting in a wreck. Whose fault is it?

In very many cases, a vehicle turning left is frequently found liable for the resulting collision with a vehicle that was proceeding straight, coming from the opposite direction. If, however, the vehicle traveling straight was exceeding the speed limit or went through a red light, these specifics can change the liability factor.

Who may be held accountable for death or injuries stemming from a motorcycle accident?

A lawsuit can be filed against the at-fault party who caused the wreck that resulted in death or injuries. Frequently, the driver of the involved automobile or truck is deemed guilty of negligence, but motorcyclists whose actions contribute to the death or injury of a passenger on the cycle may also be held legally liable.

How long does it take for a motorcycle accident case?

Because of the typical severity of motorcycle accident injuries, such cases can extend for many months and even years. Litigation can be a very lengthy process.

What if a pothole caused my motorcycle crash?

A government agency may be responsible. The road maintenance crew could have been negligent in failing to properly maintain the surface. So, you may be able to file a lawsuit.

What if I can no longer work after my motorcycle accident?

Our firm will file your lawsuit and seek compensation for loss of income, plus decreased earning ability from the injuries. If your physician determines you will not be able to work again, you might be entitled to receive disability income from Social Security.

Do I have to go to court for my motorcycle accident?

If the other party will fairly negotiate and make an equitable settlement offer, it will not be necessary to go to court. If, however, the other party fails to negotiate fairly, you will likely want to pursue a court-rendered verdict.

My injuries are minor. Should I still see a physician?

Yes. There may be underlying injuries. Certain internal or brain injuries often take time to manifest. Doctors may be able to detect such issues early. By seeking immediate medical care you will be documenting any injuries and the fact that they occurred from the cycle accident.

Causes of Motorcycle Accidents

The most common cause of motorcycle accidents is a negligent automobile driver. Therefore, a heavy burden is put upon every motorcyclist to remain alert and fully aware of their surroundings at all times, watching for danger.

Becoming informed of potential dangers is a great first step in avoiding them. Here’s a partial listing of behaviors and conditions that contribute to accidents involving motorcycles:

Drunk Drivers – Identified by their erratic swerving and major speed variations, going from fast to slow to fast again
Poor Road Conditions – Ice, snow, rain, sleet, poorly marked road construction areas, and work debris on the roadway
Not Checking Blind Spots – Failure on a driver’s part to effectively look and ensure clearance in blind spots where mirrors don’t reach
Door Accidents – Auto drivers may open car doors without looking first for oncoming traffic, thus obstructing a motorcyclists’ path
Splitting Lanes or Line Driving – Bikers cut back-and-forth between slow vehicles by crossing lanes or ride right on the dividing line between lanes
Overcompensation on Front Brake – Negligent car driving may cause a biker to apply hard brakes, causing the rider’s momentum to throw him or her over the front of motorcycle

Motorcycle Accident Injuries

While there are many body parts that can be injured in a bike crash, most motorcycle accident injuries can be categorized into general injury groups. Some of these include (but are not limited to):

Road Rash – This describes the cuts, bruises and abrasions resulting from a human body hitting the ground or roadway at vehicle speed.
Broken Bones – These can result from being thrown through the air and colliding with another object such as a motor vehicle, the roadway, a bridge abutment, or even a tree.
Amputation – Sadly, this can tragically occur during the accident or surgically afterward, because of the crucial compromise of an extremity.
Spinal Cord Injury – As a very crucial and vulnerable part of the body, the spinal cord’s injury can cause paralysis of the arms and/or legs, or even death.
Traumatic Brain Injury (TBI) – Failure to wear a safety helmet can quickly lead to head trauma from a motorcycle collision. Unprotected impact with hard surfaces can cause critically serious head and brain damage that leads to a severe degrading of one’s quality of life.
Death – Without question, fatalities frequently result when motorcycles and motor vehicles collide. In addition, many of the above-mentioned injuries can ultimately lead to death.

Motorcycle Accident Statistics

Despite there being recent advancements in rider safety clothing and equipment, due to the exposed nature of most motorcycles, the possibility of the rider and any passengers being injured in a crash is quite significant.

According to the National Highway Traffic Administration, 4,985 motorcyclists were killed in accidents in 2018.
Motorcyclist fatalities occur 28 times more than drivers of passenger cars.
Between 2008 and 2016 there was a total of 48,690 motorcycle accident fatalities, which averages to 4,869 motorcycle crash-related deaths every year.

Damages Arising from Motorcycle Injuries

The resulting medical treatments that are usually required to help an injured motorcycle accident victim recover can be crushing. Surgery costs, medication, rehabilitation and other related expenses can be the ruin of many people – let alone lost wages, mental anguish and pain and suffering. Individuals whose lives have been disrupted by a motorcycle wreck should immediately seek legal counsel.

Difficulties experienced by individuals following a motorcycle collision include:

Medical expenses for emergency, hospitalization, and ongoing care
Loss of wages due to work-preventing injuries
Chronic pain from injuries
Lowered quality of life, especially from severe injuries
Mental anguish from stress, depression, etc.
Rehabilitation costs
Medical equipment expenses
Motorcycle replacement costs
Loss of consortium (relationship with spouse)

The above listing gives a small view into the devastating conditions that can beset an accident victim. The legal team at The Eichholz Law Firm has the experience and knowledge to move your case forward at the highest level of success possible.

Injury Claims in Motorcycle Accidents

If the driver of the other vehicle was at fault in causing the accident, a motorcyclist may be entitled to receive financial compensation for damages due to the other party’s negligence. PIP (personal injury protection) insurance does not cover motorcyclists, so it cannot bind them by its restrictions either. This means that injured motorcyclists do not have a limit or cap on the amount of compensation they can seek for losses, damages, and pain and suffering.

In further explanation, PIP insurance comes into play with motor vehicle accidents. It requires injured individuals to meet an “injury threshold” before they can seek compensation from a negligent party. PIP does not allow victims to pursue compensation for pain and suffering. Motorcyclists, however, are not held to the requirement of passing an “injury threshold,” thus allowing them to seek rightful compensation for all damages, including pain and suffering, medical expenses, and lost income.

1. Negligence

Motorcycle accident suits fall into the category of personal injury and include the element of negligence. Therefore, it is necessary for an attorney to prove that the other driver caused the accident by failing to use a reasonable standard of care. The attorney conducts an investigation to uncover more facts, such as whether the other party obeyed traffic laws, was intoxicated, or acted in a dangerous manner.

2. Product Liability

Sometimes, the cause of a wreck can stem from a defect in a motorcycle. In cases such as this, the injured party can potentially file a suit against the maker of the defective motorcycle or defective part. This action allows the victim to receive compensation for the injuries sustained and damages suffered.

Our motorcycle accident lawyers will thoroughly conduct an investigation into the motorcycle in question to find any defects that existed before the accident took place. The attorney will work to find out if:

The motorcycle or a certain part was “unreasonably dangerous.”
The motorcycle was being operated correctly, as intended.
The motorcycle’s performance hadn’t changed since purchase.
There were defects in the motorcycle’s brakes, accelerators, tires, or fuel system.

3. Wrongful Death

When a family member is killed as the result of a motorcycle accident caused by another party, the remaining family members may be able to hold the negligent party accountable through a wrongful death lawsuit. Our firm can work to help the surviving family prove the other party’s negligence and responsibility for their loved one’s death.

Negotiations with Insurance Companies

Motorcycle accident victims need to have a highly skilled attorney on their side, because negotiations must take place with an insurance company. An experienced attorney will stand between the victim and the insurance company representative to negotiate a settlement for damages from the accident. Should this negotiation process prove to be unsatisfactory or unsuccessful, the attorney can pursue action in court against the negligent parties.

In most collisions, the insurance company of the at-fault rider will send out an investigator to review the collision and try to assess the damages involved. It is very important to remember that these investigators are not your friends. They are highly-skilled workers who are trained to extract sensitive information from injury victims when they are most vulnerable.

As you may already expect, any information that is provided to them will be used against the injury victim if they decide to pursue legal recourse to obtain compensation. In this situation, our experienced attorneys can help to defer those questions – in many cases, we will request that all questions be diverted directly to our firm.

In effect, what this does is provide our customers with a level of insulation and protection from these investigators, which allows the injury victim to focus on their speedy recovery.

Liability in a Motorcycle Accident

When two vehicles are involved in a wreck, the at-fault party and his or her insurer are responsible for paying for the damages. However, fault must be proven. Georgia law says you have the right to recover damages if you are under fifty percent at-fault.

Georgia law holds you, the motorcyclist, responsible for certain things:

Ensure all riders wear a helmet.
No “lane splitting” or squeezing between vehicles to move forward.
Always ride with lights on.
Possess a valid license for operating a motorized bike.

Contact Our Motorcycle Accident Lawyers

Individuals who are involved in a motorcycle accident often find themselves ostracized by their own insurance companies and treated as though they are guilty of causing the crash. The legal team at The Eichholz Law Firm has a reputation as one of Georgia’s most diligent and effective personal injury law firms. Speak with an attorney who can help you find justice and compensation to move past this accident.

Motorcycle Accident Attorneys