Motorcycle Accident Legal Guide

a guide to Motorcycle accident lawsuits

    frequently asked Legal questions about Motorcycle accidents

    What you need to know regarding your Motorcycle Accident Injury case.
    What should I do if I have been involved in a Motorcycle Crash?

    If you have been in a Motorcycle Crash, there are some steps that you should follow so long as you are physically able to do so.

    The first action you should take if you are in an accident is to call the police. This is necessary to ensure that medical services are provided if needed, the crash is documented and the scene is cleaned up to prevent further incidents.

    After you have contacted the police, you should gather as much evidence as possible.The types of evidence you should attempt to gather include:

    • Photos of the scene
    • Drivers Personal Information
    • Vehicle Information
    • Witness Statements

    Once you have collected the relevant evidence, you should seek out a medical evaluation even if you do not think that you have been injured.

    Many injuries can take time to develop symptoms, and you want to make sure you get all of your injuries documented to give yourself the best chance at a speedy recovery and so that your medical bills can be included in your settlement amount.

    Now that you have spoken with police, gathered evidence and received a medical evaluation, you should speak to an experienced Motorcycle Accident Injury Attorney. An attorney will be able to provide you with the information and help you need to get financial compensation after your accident.

    Additional Resources

    Georgia Motorcycle Accident Legal Advice

    How to Handle a Motorcycle Accident

    What Type of Attorney do I need for my Motorcycle Accident and how much will they cost?

    If you are involved in a Motorcycle accident, the type of attorney you can hire to represent you is called a Personal Injury Attorney. These attorneys specialize in helping the victims of accidents caused by someone else's negligence get financial compensation.

    Thankfully, these attorneys work on what is called a Contingency Fee Basis. A Contingency Fee Basis means that you do not pay any legal fees up front, and your attorneys only collect a fee in the form of a small percentage of your final settlement.

    Additional Resources:

    How Can a Personal Injury Attorney Help Me?

    4 Things to Consider When Choosing a Personal Injury Lawyer

    What if I do not think that I was Injured in my Motorcycle Accident?

    If you have been in a motorcycle accident, you should always get seen by a medical professional.

    In many accidents, the injuries that victims sustain have delayed or mild symptoms. If these injuries go untreated, they can lead to further complications or more severe damage.

    Besides the negative health ramifications, failing to have your injuries diagnosed as soon as possible after your accident can lead to them being left out of your lawsuit, as the insurance company will attribute them to another event.

    Additional Resources:

    Common Motorcycle Accident Injuries

    Common Injuries Caused In Motor Vehicle Accidents 

    What can I be Compensated for if I am involved in a Motorcycle Accident?

    If you are involved in a Motorcycle Accident, there are many forms of compensation that victims are entitled to receive. Usually, the main factors in a motorcycle accident injury lawsuit include:

    • Property Damage
    • Medical Bills
    • Loss of Wages
    • Pain and Suffering
    • Emotional Distress
    • Loss of Consortium

    It is important to have an experienced Motorcycle Accident Attorney evaluate your unique situation to determine which of these should be included in your settlement, and ensure that you get the maximum amount of financial restitution.

    Additional Resources:

    Settling your Motorcycle Accident Case Quickly While Maximizing Compensation

    How a Police Report Can Effect Your Lawsuit 

    How Much is my Motorcycle Accident Injury Case Worth?

    The value of a Motorcycle Accident Lawsuit depends on a lot of different factors, including:

    • Amount of Fault
    • Amount of Damage
    • Extent of Injuries
    • Amount of Insurance Coverage Available

    Depending on the details of your individual accident, your motorcycle accident attorney will be able to draft a demand letter with you that will give an accurate estimate of the total amount of compensation you are entitled to.

    Additional Resources:  

    How Much is My Motorcycle Accident Case Worth? 

    Value of a Motorcycle Accident Injury Lawsuit

    How Long will it take to get my Settlement?

    The length of time that it takes to settle a Motorcycle Accident injury lawsuit depends on a lot of different factors.

    First, it depends on how soon after your accident you contact an attorney and they are able to begin their investigation.

    Second, the seriousness of the accident and the extent of the injuries can cause the length of time to increase. A lot of the time, insurance companies will want the injured persons to finish treatment and recovering so that the medical expenses are all accounted for before they settle.

    Finally, it depends on the size of the settlement and how backed up the courts are at the time. If you are willing to accept a smaller settlement, then your case can usually be resolved in a few weeks or months. If you are going after a larger settlement, it may take longer and could end up going to trial, resulting in an even longer legal process.

     

    Additional Resources:

    How Long Will My Motorcycle Accident Case Take?

    Timeline for Personal Injury Cases

    Should I Accept a Settlement Offer from the Insurance Company?

    Generally, No. At least not until you have discussed your accident with an attorney.

    Most of the time, the insurance company will try and get statements from victims that they can use against them to convince them to accept a low offer. 

    They hope that the victim will accept it instead of speaking with an experienced accident attorney who can negotiate on their behalf and get them a settlement that is fair to them.

    Additional Resources:

    Insurance Claims after an Accident

    How the Insurance Adjuster Determines a Settlement Amount

    How Long after a Motorcycle Accident do I have to file a claim?

    Depending on what state you live in, there are set laws called "Statute of Limitations" that determine how long an individual has to file a claim after their accident.

    In Georgia, the statute of limitations to file a Personal Injury Lawsuit is two-years from the date of the accident. If you do not file your claim within this time period, the courts will usually not hear your case.

    However, although you have a two-year window to file your claim, the sooner you speak to an attorney after your accident and file your claim, the greater success rate and the chance of a larger settlement you have.

    Additional Resources:

    Statute of Limitations by State

    What if I was not wearing a Helmet?

    Depending on the state where your accident occurred, not wearing a helmet at the time of your motorcycle crash can have a huge impact on your lawsuit.

    The state of Georgia is one that has adopted helmet laws for motorcycle riders. If you were not wearing a helmet at the time of your accident, the defendant can argue that you acted negligently.

    If they are able to prove that not wearing a helmet was a major factor in your injuries, then they can reduce your settlement amount by the percentage of fault is determined by your negligence. 

    In some cases, this can mean the motorcycle rider is not eligible for any type of compensation from their accident.

    Besides your overall safety, helmet laws should always be followed to protect your legal rights to a settlement if you are ever involved in an accident.

    Additional Resources:

    7 Motorcycle Safety Tips for Summer 

    State Helmet Laws

     

    What Should I say if an Insurance Company contacts me after my accident?

    Nothing! If you are contacted by an insurance company, do not say anything related to your case too them.

    The main reason that they are contacting you is to get you to make a statement about your accident, which depending on what you say can be used against you to lower the value of your settlement.

    Although you may have to speak with them eventually, you should always consult with an experienced Motorcycle Accident Attorney.

    They will explain exactly what you can and cannot say to them in order to protect the value of your case.

    Additional Resources:

    Common Mistakes People Make With Insurance Companies

    5 Myths Car Insurance Companies Want You to Believe

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