Motorcycle Accident Attorney Macon
When you’re in a serious motorcycle accident, your entire life can change in an instant. One minute, you’re riding on the open road, enjoying the day. The next, you’re in the hospital with life-altering injuries. As you’re recovering from your injuries, you probably have several questions, wondering how you’re going to make ends meet, when or if you will be able to return to work, and who should be held accountable for your injuries?
Meeting with a motorcycle accident lawyer Macon from the Ferguson Law Group can help answer these questions and more. Our attorneys will build a solid case that will allow you to receive compensation for your injuries, lost wages, and other damages, as we seek the justice you deserve.
Common Causes of Motorcycle Accidents in Georgia
A motorcycle accident can be caused by rider error, inexperience, inclement weather, debris in the road, or it could be caused by the negligent actions of another driver.
Drivers Fail to See Motorcyclists
Most motorcycle accidents involve a passenger vehicle and a driver who doesn’t see the motorcyclist in time to prevent the accident. Since they are unable to see the motorcyclist, the driver violates the right of way. Unfortunately, the motorcyclist doesn’t have time to react.
A head-on collision is one of the deadliest accidents for motorcycle riders, one that often results in serious injury or death. Head-on collisions are also one of the leading causes of motorcycle accidents.
Driver Makes Left Turn in Front of Motorcyclist
A driver making a left turn in the path of a bike is another common cause of motorcycle and passenger vehicle accidents. These collisions usually occur when the rider is going through an intersection and attempting to pass a passenger vehicle.
Lane splitting is when the motorcyclist rides between two lanes through slowly moving or stopped traffic. Lane splitting is very dangerous because the rider must ride close to cars and has limited room to maneuver. Because lane splitting is so dangerous, it’s illegal in the state of Georgia, unfortunately, some motorcyclists ignore this law.
Speeding is a major cause of car and motorcycle accidents. However, the motorcycle rider has no protection when they’re hit by a car that’s traveling above the speed limit. The faster a car is traveling, the higher the chance that the motorcycle rider will be severely injured. Additionally, when a motorcycle rider speeds, they have less ability to stop quickly and less control.
Because a motorcycle is less stable and much smaller than a car, even minor hazards in the road can cause the rider to lose control. Debris, fallen objects, puddles, wet leaves, uneven surfaces, slick roads, small animals, and potholes can result in a serious accident.
Rain can cause wet pavements and icy roads in lower temperatures. A motorcyclist who hits a slick patch of road is more likely to swerve into oncoming traffic or off the road. Without the same type of protection that a car provides, the biker is more likely to be severely injured or killed in this type of accident.
A motorcyclist can sustain severe or fatal injuries as the result of a defective bike part. Examples can include, malfunctioning turn signals, faulty wiring, jammed throttles, brake failure, or defective tires. If defective parts caused an accident that resulted in catastrophic injuries, the manufacturer of the bike parts may be liable.
Serious Motorcycle Accident Injuries
Some motorcyclists are lucky enough to walk away from a collision with only a few scratches. However, many motorcyclists are not so lucky and end up in serious collisions and suffer life-changing injuries.
Road rash can occur when the rider falls off their bike and their body slides across the pavement.
Road rash can cause excruciating injuries that can lead to scarring and infection.
Traumatic Brain Injury
Wearing a helmet can significantly reduce the severity of head injuries in a motorcycle accident. However, in severe accidents, a traumatic brain injury is still possible. The effects of the TBI may not be apparent for several hours or days after the accident, but this type of injury can have long-term effects.
Neck and Spine Injury
During an accident, if the neck suffers a forceful jolt, potential injuries can include, back and neck pain, breathing problems, and paralysis.
Broken bones are very common in serious motorcycle accidents as a rider tries to brace themselves for the fall. If the bone splinters, this can require several injuries, organ damage, and other types of internal injuries.
Challenges of Motorcycle Accident Claims
A motorcycle accident claim can be very complex. To start, motorcycle accidents often result in catastrophic injuries. The motorcyclist does not have the same type of protection that the driver in a passenger vehicle does. Cars have a wide range of safety features, such as blind-spot protection systems, rear-view cameras, seatbelts, and airbags.
These safety features protect the driver and provide a margin for error. Should a driver end up in a fender bender, the odds of sustaining an injury are relatively low. Unfortunately, the same doesn’t apply to the motorcyclist who is exposed when they’re on the road.
In an accident claim, because motorcycles are considered very dangerous, the rider often gets the blame. However, knowing that there’s a bias shouldn’t deter a motorcycle accident victim from proceeding with filing a claim or lawsuit.
The evidence and circumstances in a case matter. Because an insurance company is so quick to immediately blame the motorcyclist, seeking immediate legal representation in this type of case is crucial.
A claim or lawsuit after a motorcycle accident has two main factors:
Damages in a claim or lawsuit are meant to make the accident victim financially whole again. The damages a motorcycle accident victim is entitled to will depend on the severity of the accident, the victim’s injuries, how much time they’ve missed from work, property damage value, and other losses, such as pain and suffering,
Most damages in this type of accident are compensatory and meant to compensate the accident victim for physical and/or emotional harm.
The cost of medical treatment is one of the most common forms of damages an accident victim will seek.
An accident victim can often recover the cost for the following types of medical expenses:
- Ambulance transportation
- Emergency medical treatment
- Medical equipment
- Doctor appointments
- Physical therapy
- Diagnostic tests
- Modifications made to the home and/or vehicle
If you have missed several days, weeks, or months of work, you may be entitled to lost wages or future lost wages. These damages include the salary the accident victim has already lost and can include future wages lost. If the accident victim seeks compensation for future earnings, these damages are known as loss of earning capacity.
In some cases, an attorney will hire an expert to help determine the extent of loss of earning capacity, especially if the accident victim has sustained permanent disabilities that force them to make a career change or prevent them from returning to work at all.
Property damages refer to the loss of tangible items, such as the motorcycle and other personal belongings on the rider at the time of the accident, such as a phone or leather jacket.
Pain and Suffering
The broadest damage type is pain and suffering. These damages can include physical, mental, or emotional distress. Claims for these damages can be difficult to prove, however, an attorney can rely on evidence such as videos that document the injuries and how the injuries have impacted the accident victim’s life. Journals, photos, and testimony from family and friends of the accident victim can also be used as valuable evidence. They can also use treatment from mental health professionals as proof of emotional and mental distress.
When it comes to calculating compensation for pain and suffering, there are no hard and fast rules.
Loss of Consortium
A loss of consortium claim will look at the impact the accident has had on the accident victim’s relationship with their spouse. The premise is that, due to the injuries, the accident victim is unable to maintain the same relationship with their spouse.
If someone was negligent while driving and caused the motorcycle accident, that driver is liable. A motorcycle accident attorney will investigate a claim, to help the accident victim prove the driver was at fault for the accident. These types of investigations can be very complex and may require the help of accident reconstruction experts, private investigators, and other professionals.
To prove liability, an attorney must show that the at-fault party owed the accident victim a legal duty of care. When driving a vehicle, the driver has a duty of care to motorcyclists, other drivers, and pedestrians, to use reasonable care while driving.
A lawyer must also prove that the negligent party breached their duty of care. This can be done by showing that the driver failed to act in the same manner that a reasonably prudent person in the same situation would.
Proving causation will tie the at-fault party to the damages, showing that the accident resulted in the plaintiff’s injuries and other losses.
Statute of Limitations
In Georgia, the accident victim will have two years from the date of the accident to bring a claim. Failing to file before this deadline can result in a case being thrown out of court. This means the accident victim will be unable to file a lawsuit against the at-fault party.
Contact the Top Motorcycle Accident Lawyers in Macon Today!
A motorcycle accident can require months of painful recovery, time off work, and mounting medical bills. With no money coming in, you may be struggling to make ends meet and continue to receive the medical treatment you so desperately need. Do not put off contacting an attorney and filing a claim or lawsuit that will hold the negligent party responsible for your accident.
The motorcycle accident attorneys at the Ferguson Law Group can help you receive the compensation you need to cover the cost of injuries, property damage, lost wages, and more. If you have been seriously injured in a motorcycle accident, contact our office today to schedule a consultation for a case review and learn more about your legal options from a team of motorcycle accident attorneys who have a proven track record for successfully handling these types of complex cases.
Tifton Office225 East 2nd Street, Tifton, GA 31794