Motorcycle Accident Lawyer: The moments, days and weeks after a slip and fall accident can be extremely difficult to understand. When you're trying to focus on recovering from an injury, you may be dealing with mounting medical bills, lost wages, and insurers who are more interested in protecting your bottom line than your well-being. This is where a slip and fall attorney can make a big difference. A qualified attorney can help you through the legal process, negotiate with insurers, and fight for the compensation you deserve. If you have been injured as a result of a slip and fall caused by someone else's negligence, it is important to speak with an attorney as soon as possible to protect your rights and secure the compensation you need to make a full recovery.
To schedule a free consultation with one of our experienced Smith & Associates attorneys, call (555) 555-5555 or contact us online today.
What is a motorcycle accident lawyer?
A motorcycle accident attorney is a special type of personal injury attorney who specializes in helping motorcyclist victims.accidentsseek compensation for damages suffered as a result of the accident. Personal injury attorneys often help people injured in accidents and work to recover compensation for their losses, including medical treatment, prescription drugs, lost wages, loss of earning capacity, vehicle damage, and pain and suffering. These lawyers are specialists in civil liability, which covers legal remedies available to people who have suffered damage as a result of an unlawful violation of their rights or a breach of public duty that resulted in damage.
When someone causes a car accident, it is considered negligent, which means that they have breached their legal obligation to act so as not to harm others. Motorcycle accidents are also covered by tort law, and lawyers who specialize in helping victims of these accidents are known as motorcycle accident lawyers. The main goal of a motorcycle accident lawyer is to ensure that the victim receives the compensation they deserve and makes them whole again.
Here is a detailed video showing an example.Motorcycle Accident Lawyer:
What does a motorcycle accident lawyer do?
With the goal of recovering the money you deserve, here are some specific ways a motorcycle accident attorney can help your case.
Clarification of your rights
Most motorcycle accident victims have never been in this position before. It can be difficult to know where to go first and you will likely have many questions. Your attorney can be your guide through the accident to ensure you understand your rights and other details of your case.
In Georgia, if someone breaches your legal duty and you are injured as a result, you have the right to seek damages (Georgia Code § 51-1-6). This means that you have the right to file a personal injury claim with the perpetrator's insurance company or file a claim for damages against the perpetrator.
Provide legal guidance and advice
A motorcycle accident case often involves confusing legal or insurance jargon that most people will not understand. You'll also have to deal with the insurance company, which may try to get information from you to use against you or push you to settle for a low settlement.
Your motorcycle accident attorney can guide you through the legal process with a professional eye and ensure that you are not taken advantage of by the insurance company. That is why a lawyer will advise younot accept the first settlement offer, agree to make any statements or sign anything from the insurance companywithout prior consultation with them. They will make sure that every move you make helps their cause, not hurts it.
A motorcycle accident attorney will handle the legal aspects of your case so you can focus on treatment, healing, and being with your loved ones after the accident.
Making a motorcycle accident case
Before filing a motorcycle accident claim with the insurance company of the person who caused the accident, you must gather evidence that:
- There was a motorcycle accident and you were injured.
- The negligence of the perpetrator led to the accident.
- You were injured in a motorcycle accident.
A motorcycle accident attorney will know what information to gather and compile in order to create solid insurance claims. They will work to gather photos of the scene, obtain copies of reports, gather eyewitness accounts, obtain medical records, and more. The goal is to show how the accident happened, whose fault it is and why the author is responsible for his damage.
Your lawyer will also wait until you have reached maximum recovery (MMI), which is the point at which you will get the most return from treatment. That way, they can accurately calculate the total damages, including past and future medical expenses. After receiving all the necessary information, your lawyer will gather all the evidence to prepare and file the claim.
Negotiate to get a fair deal
When you submit an insurance claim, the insurer reviews and responds. The insurer may respond with an offer, but it's usually a low amount that doesn't even come close to covering the damage. The insurance company may try to make it look like a good deal (or the best you can get), but if you have a lawyer on your side, you'll know better.
A motorcycle accident attorney will know how to deal with the insurance company. They will work to negotiate a settlement amount that is fair to you based on your damages. If they succeed, you get paid.
Representation in court
Most motorcycle accident cases settle, especially if the injured rider hires an experienced attorney. However, in some cases the insurer does not agree to a good enough deal. In this case, your lawyer may recommend that you file a lawsuit.
Your lawyer will represent you at all stages of the legal process. Before they go to trial, they will work to negotiate a settlement along the way. A settlement is often reached at this stage, but if you do have to go to trial, your lawyer will be there to fight for your rights.
A motorcycle accident attorney can help
If you don't know the full amount of your motorcycle accident compensation, you risk accepting far less than you deserve—and you don't want to get stuck paying expenses you didn't cause.
A motorcycle accident attorney can investigate the details of your accident and gather evidence of your injuries. They will work to calculate the total amount of your claim so you knowhow much you should pay after a motorcycle accident.
Insurers rarely offer much when a victim files a motorcycle accident claim, so your attorney will work to negotiate a settlement that's fair to you.
What kind of compensation can I get for a motorcycle accident?
After a motorcycle accident that you did not hide, you have the right to file a compensation claim. Your compensation is the costs or losses you have suffered due to the negligence of the at-fault party and the resulting accident. Here are some of the most commonthe compensation you can get for a motorcycle accident:
Your medical expenses will likely make up the largest portion of your motorcycle accident claim, especially if the accident is serious. In the event of a collision, motorcyclists do not have the same degree of protection as other drivers.
You want to keep track of any medical expenses incurred in the accident, such as:
- medical bills
- prescription drugs
- Future and ongoing treatment
- Travel expenses to and from agreed meetings
You may be entitled to additional benefits if you become disabled. You will discuss these details with a motorcycle accident attorney to ensure that the full cost of treatment is covered in your case.
motorcycle repair costs
There is a high probability that you will also suffer material damage to your bicycle in an accident. You can include this damage and repair costs in your claim.
If your motorcycle is damaged in an accident, your insurer must pay compensation based on the fair market value of the motorcycle for the replacement cost.
A motorcycle accident usually involves time off work due to the crash and treatment for the injury. You can include this as "lost earnings" in your claim. This includes raises, bonuses and other sources of income that you would have received had the accident not occurred.
Also, if your injury permanently prevents you from working at the same level as before, you can claim loss of earning capacity in your case.
Damages related to pain and suffering
In addition to the specific damages listed above, including medical bills, lost wages, and property damage, you can also seek general compensation such as pain and suffering.
General damages do not have a set dollar amount and are intended to compensate you for the way the accident affected your future life. Examples of this type of damage may include:
- Physical or emotional pain and suffering
- mentally they were
- Loss of joy in life
- Fear, humiliation or anxiety
- emotional suffering
If you have lost a loved one in a motorcycle accident, you may be able to file a wrongful death claim. Compensation you may be entitled to in a wrongful death lawsuit includes:
- Medical expenses of the deceased
- Mental and physical pain and suffering that the deceased experienced before death
- Lost earnings deceased
- Funeral and burial expenses
- loss of consortium
Punitive damages are available in rare cases where the wrongdoer has shown malice, fraud, oppression, willful misconduct, or promiscuity in the accident, such as cases such as drunk driving accidents.
Can I sue someone personally after a motorcycle accident in GA?
If someone else caused you a motorcycle accident, you have the right to sue them personally for compensation. However, this may not be necessary. This will depend on the details of your case.
Most motorcycle accident cases are settled by filing a personal injury claim with the accident insurance company. While this is generally the best course of action, there are situations where filing a lawsuit is preferable.
Who can you sue for a motorcycle accidentT
the person you cansue personally after a motorcycle accidentit is the person who was negligent in your case. In other words, your actions (or lack thereof) directly led to the motorcycle accident and your injuries.
Depending on how the accident happened, the person or party you can sue may include:
- the other driver
- another biker
- state entity or
- production company
The party at fault in a motorcycle accident is usually the other driver on the road. However, other parties may be liable if you collide with a dangerous road hazard or if your accident is caused by faulty or defective bicycle parts.
If you're not sure who caused the accident, contact a motorcycle accident attorney right away. They can make sure you file your claim in the right place. Here are some situations where suing someone personally after a motorcycle accident is usually a good choice:
Your damage is significant
Motorcycle accidents are often very serious and result in high medical costs, lost earnings and more. If you have an incredibly high amount of damages, it may make more sense to file a lawsuit.
Insurance companies will usually try to get you to settle quickly so that your case is closed and no money can be claimed. You stand a better chance of a much larger award if you take your case to court and win, which would pay off if your damages were extensive. The key is to make sure you have a strong enough case to win if you file a lawsuit.
You can collect a conviction
If the person you're suing directly doesn't have a lot of money or other assets, you may not be able to get your money back even if you win in court. This is something to think about before filing a lawsuit and talking to an attorney. There are different ways to try to collect money from the defendant, but it depends on how much he has.
You cannot negotiate with the insurer
Insurance companies are adept at finding ways to reduce what they have to pay an accident victim. If you file a claim with them, they may respond with a low settlement amount. Your attorney will work to reach a fair settlement.
Although most motorcycle accident cases are settled here, the insurer may refuse to settle. If this happens, a motorcycle accident attorney may recommend that you file a lawsuit to get the money you need and deserve to cover the damages caused by your motorcycle accident.
Will my motorcycle accident attorney handle the insurance for me?
When you hire a car accident in Georgia, they have you covered in every possible way. They can manage communication, negotiations and all other interactions with insurers so you don't have to.
How insurance companies make life difficult
Insurance companies are more concerned with making money and losing money as little as possible. When they receive a personal injury claim after an accident, they look for ways to reduce what they have to pay. This may include the following:
- I blame you for the accident
- Promoting unfair prejudice against motorcyclists
- You're trying to say you're not as badly hurt as you claim.
- He offers you a low settlement and expects you to use it to close the case
Insurance companies know you're probably stressed about mounting medical bills, lost work hours, and other losses resulting from an accident. They hope you're desperate enough to accept a settlement and close the case. This is another reason why you should trust an experienced attorney to handle the details.
A motorcycle accident attorney can help.negotiate with insurersOn the next way.
Building a strong argument
A good lawyer will know how to gather relevant evidence and present it in the most convincing way. You will need to show that the other party was negligent in the accident and is responsible for your damages.
Plus, having a credible motorcycle accident in your case will show insurers that you're serious about getting fair compensation—and that you're not afraid to fight for it. You are more likely to get a better settlement if the insurer sees that you have strong legal representation on their side.
protecting your rights
If someone is negligent and it results in a motorcycle accident, that person will be legally responsible for your damages. Your lawyer will make sure that these rights are respected. Insurance companies know that most accident victims are not aware of all their rights and protections.
Your lawyer can make sure you don't sign anything or accept any agreement too soon. They will also ensure that the insurer does not use shady tactics, such as asking for a recorded statement, which could jeopardize your case.
The insurance company will likely offer compensation after you file a claim. Without legal help, it can be difficult to convince your insurer that you deserve better. However, an attorney will know how to negotiate a settlement amount that will hopefully be much more fair to you.
The last thing you want to do is settle for a settlement that doesn't even cover a fraction of your damages. You don't have to pay for other people's mistakes.
File a claim
If the insurance company does not negotiate a better deal, you and your attorney can discuss filing a claim. After filing a lawsuit, the insurance company is more likely to offer a settlement to avoid a lawsuit.
How long does it take to process a motorcycle accident claim in Georgia?
Personal injury claims often take six months to a year to process. However, the exact time depends on the case. Motorcycle accidents can be particularly serious, so your case may take longer if you are seriously injured and require a lot of treatment.
Necessarythe time required to process your requestit will depend on the progress of individual steps in the calculation schedule. Here's an overview of each step and how it affects your billing date:
Collecting evidence of damage
If the perpetrator is entirely to blame for the accident, he will be legally responsible for all his damages. A motorcycle accident attorney can help you gather evidence of negligence and prove your damages.
You will also need to reach outMaximum Medical Improvement (MMI), which is the point at which the patient has recovered as much as possible from the treatment. This will allow you and your attorney to accurately calculate your medical expenses now and in the future.
submission of complaints
Once you have gathered evidence of the accident and damage, you will need to file a claim. Your attorney can help you get it right. Your claim will require proof that the party responsible for the accident was negligent.
In a motorcycle accident, the other driver is usually at fault, which means you can file a claim with your insurance company. In other cases, a company or government agency may be to blame for the accident.
The insurer is responsible
Once the claim is submitted, the insurer will have to respond. They can accept your request, deny your request, or submit a counter proposal. Although it would be nice if your business was accepted and you got what you deserve, often the insurance company sends you a low offer.
The insurance company will also look for ways to reduce what it has to pay you. They may try to delay responding to your claim, blame you for the accident, dispute your compensation, or pressure you to accept a low offer.
Negotiated and negotiated
If the insurance company sends you a low settlement offer, your attorney will work to negotiate a settlement that is fair to you. You can wait 20-30 days after filing to receive your first settlement offer.
If your lawyer is successful, a settlement will be reached that will benefit you. If an agreement cannot be reached, you can file a lawsuit that will further delay the duration of the agreement.
Do You Have to Go to Court for a GA Motorcycle Accident?
Most motorcycle accident cases do not have to go to court. In many situations, you can reach a settlement by filing a claim with the tortfeasor's insurance company. However, there are situations where filing a lawsuit and going to court is a better option.
The insurance company may send you a very low counter offer after you submit a claim. It probably won't even come close to covering the damage. To get a fair settlement, you need the help of a motorcycle accident attorney.
Your attorney will negotiate with the insurer to try to get a higher settlement. If you succeed, you will receive a settlement and your case will end here. Although this is how most motorcycle accident cases end, there are situations where it may be better to go to court. Some of the main reasonsMotorcycle accidents go to courtlinkage:
The insurer is not
If the insurer cannot reach an acceptable agreement even after negotiations, you can file a lawsuit to get back the money you deserve. At this point, you will definitely want to have an attorney on your side with experience handling motorcycle accident cases in court. They should be willing to take on your case as long as it takes to get the compensation you need.
The error is not clear
If it is clear who caused the accident and you have strong evidence, the insurer is more likely to offer fair compensation. However, if it is not easy to determine who caused the accident, the insurance company may dispute the claim. They are more likely to risk a lawsuit if they feel their case is not strong enough.
Your damage is very high
Although settlement is less risky, you can get much more by going to court. If you have damages that are significantly higher than your insurance policy limits or what your insurer is willing to offer, consider filing a lawsuit. You may also have to file a lawsuit ifthe culprit has no insurance.
You will only want to do this if you have a strong case and are working with an experienced attorney.
Who can be sued in a motorcycle accident?
The party or parties who are at fault for a motorcycle accident can be sued. If you have been injured in a motorcycle accident, you have the right to take legal action against the party who neglected to harm you.
The negligent party will depend on the specifics of your case. here are someparts that can be sued for a motorcycle accident:
the other driver
Most often, a motorcycle accident is hidden by another driver or motorcyclist on the road. Even if a driver is not trying to cause an accident, they can make a careless mistake that will lead to a crash. If the driver is at fault, he can sue him for damages.
You can usually seek a settlement through the insurance company of the driver who hid the accident. You will need to file a personal injury claim and settle with the insurance company, but this is usually easier and cheaper than filing a lawsuit.
A motorcycle accident is not always caused by another motorcyclist. Sometimes collisions occur due to problems with the bicycle itself. If your accident was caused by defective parts on your bike, the manufacturer may be liable for your damages.
Your attorney will need to investigate the accident and determine exactly where the problem was. To make sure you have enough time to investigate, contact an experienced motorcycle accident attorney as soon as possible.
If you are injured in an accident because your helmet did not perform as expected, you may also be able to take legal action against the helmet company. Although probably not the cause of the actual accident, you can sue if you suffered damages that would not have happened with a work helmet.
The dealer who sold you the motorcycle may be liable for the accident if there is a problem with the motorcycle that he knows about but did not disclose to you. Your attorney will need to conduct an investigation to gather evidence of this. If you can prove that the dealer was negligent in your accident, you can sue them for damages.
A state or local government may be liable for a motorcycle accident caused by unsafe road conditions or hazards. In some situations, you may be able to take legal action against a government body.
To sue the government, you must give written notice of legal action within 12 months of the date of the accident. You should also contact a motorcycle accident attorney who can help you because filing a lawsuit against a government agency is complicated.
What to do after a motorcycle accident in Georgia
There are several different things you will want to do if you have been in an accident. The idea is to gather information about the disaster andprotect your rights after a motorcycle accidentespecially if you didn't cause it.
Your rights in the event of an accident
When someone is negligent in a Georgia motorcycle accident, they are liable for damages. This means you can request a refund (OCGA §51-1-6). However, you must be careful when making a claim and protect your rights.
The at-fault driver and your insurance company may try to blame you for the accident or do something else to reduce what you are owed. The burden of filing a personal injury claim and reimbursement is on you. Here are some ways to start doing it immediately after failure:
stay calm and safe
It is easy to get angry and panic quickly after an accident. However, try to stay calm and make sure you (and everyone else) is safe. Move away from oncoming traffic and check yourself and others for injuries. Assess the situation to determinewhat to do at the scene of a motorcycle accident.
Seek immediate medical attention
If you or someone else suffers a serious or life-threatening injury, do not delay in getting emergency medical help. Motorcycle accidents are often very serious, so call 911 for emergency help if anyone needs help.
When the paramedics arrive, tell them what happened and be honest about how you feel. Even if you feel fine, it's a good idea to check to see if an ambulance is on the scene. If you haven't, be sure to see a doctor as soon as possible, even if you don't think you're seriously injured.
If you feel good enough to stay put, start gathering information.
Obtain the following information from the persons involved in the motorcycle accident:
- names and surnames
- Contact information
- driver's license numbers
- Make and model of all vehicles
- Insurance policy information
- license plate numbers
This information will be very important if you file a claim or make a claim for damages.
Take pictures and take notes
Record the entire scene, your injuries and the damage to the vehicle with your phone. Drop points can be quickly changed or cleaned up, but the photos will always retain their appearance. Photographic evidence can be very powerful in a motorcycle accident case.
Don't be afraid to take different shots and photos of everything on location, including road signs and nearby landmarks that set the scene. Your attorney can help you determine which photos are most important to your case.
report the accident
If there is injury, death, or property damage of more than $500, report the accident to the police. Because motorcycle accidents are often serious, you should always report a crash.
Call the police by dialing 911 and report the accident. Officers will likely attend the scene and gather information from everyone involved. They will also compile an accident report which will be important in your case.
Talk to the Witnesses
If other people saw your accident, talk to them and ask for their name and contact information. Witness statements can be crucial to a motorcycle accident claim because they help support your claims about what happened and the damages you suffered.
Your attorney will soon want to contact witnesses to testify, so make sure you get accurate and up-to-date contact information for each of them.
Follow up with your doctor
It is best to see a doctor as soon as possible after the accident, preferably the same or the next day. A visit to the doctor creates a record of the injury. You can also get an idea of what your treatment will look like now and in the future.
Do not wait for medical help. If you wait too long, the insurer will try to use it against you. In order to protect your rights, consult a doctor as soon as possible and follow all prescribed treatments.
document your damage
cdays after the motorcycle accidentWhile you are receiving medical attention and dealing with motorcycle damage, keep a record of all expenses such as medical bills and receipts. You will need to include them in your claim as proof of damages.
don't sign anything
If the wrongdoer's insurance company contacts you after the accident, be very careful what you say to them. Ideally, your lawyer should handle all negotiations with the insurance company. Otherwise, they can use certain tactics that they can later use against you.
If you are talking to an insurance company,do not sign anything, accept money or give recorded statementswithout prior consultation with a lawyer.
Contact a motorcycle accident attorney as soon as possible.
Once you've reported the accident, gathered information about the scene, and received medical attention, don't wait any longer to call a motorcycle accident attorney.
If you did not hide the accident, you are probably entitled to financial compensation – but it can be difficult to fight for the full compensation you deserve. A motorcycle accident attorney can help.
Which lawyer deals with motorcycle accidents?
If you have been in a motorcycle accident that was caused by someone else, you will probably need the help of an attorney. You will need to work with a motorcycle accident attorney.
A motorcycle accident attorney is a lawyer who specializes in motorcycle accident cases. Personal injury lawyers deal with tort law, which involves breaking the law. When someone is careless on the road and a motorcycle accident occurs, they are liable for the damage.
If you are the victim of a motorcycle accident, a motorcycle accident attorney can help you file an injury claim or lawsuit to receive compensation for your injuries. You deserve compensation for medical expenses, lost wages and more. Before that, however, it is necessary to make an appointment and make sure that the chosen lawyer has the following characteristics:
He specializes in motorcycle accidents
Many lawyers will tell you that they handle motorcycle accident cases, but that doesn't necessarily mean they have the experience to do it right. You will want to work with someone who has years of experience handling motorcycle accidents.
Motorcycle accidents are different from other types of car accidents. They tend to be more serious and complicated. Therefore, your lawyer must understand this and be prepared for whatever happens to your case.
He has good communication skills
Motorcycle accident attorneys are busy, but your attorney shouldn't be too busy for you. When meeting them, pay attention to the way they communicate. They should listen carefully to the details of your accident and take a genuine interest in how they can help you.
You should also feel comfortable with your attorney as you will need to discuss confidential and other personal information with him. Also, make sure they handle your case personally. Sometimes a paralegal works more on a case than a real attorney.
He has extensive experience and a high success rate.
Ask the attorney about their experience handling motorcycle accident cases, especially those similar to yours. They must be able to provide proof of ownership.experienceand give examples of success stories they have worked on. You can also ask for referrals from previous clients.
Discuss a plan for your case
During the consultation youlawyerwe can discuss how your case will be handled based on the details you provide. Ask them how they plan to proceed with their case and what the future plan will look like. Leaving the appointment, you should have peace of mind about the future of your case.
How much does it cost to hire a motorcycle accident lawyer in Georgia?
If you have been injured in a motorcycle accident that you did not cause, you are likely eligible to file a personal injury claim. However, you might be worriedthe cost of hiring a motorcycle accident lawyerto help you with your case, especially if you already have a lot of expenses related to the accident.
Fortunately, hiring a motorcycle accident attorney is easier than most people think.
No initial costs
Verymotorcycle accident attorneysthey work on an alternate basis, meaning they don't get paid unless they're making money for you. Furthermore, their compensation is simply treated as a percentage of the work or reward they have earned. If the lawyer does not make money on your case, there is no fee.
With a contingency fee structure, you don't have to worry about upfront or out-of-pocket costs. It also ensures that the attorney is acting in your best interest, because a win for you is a win for them.
Oaverage percentage earned by personal injury attorneysit is between 33.3% and 40% of what you earn. Some attorneys charge less or more, and some work on a "sliding scale" that varies depending on the complexity of your case.
For example, if your case is simple and does not take long to reach a fair settlement, the attorney may only charge you a contingency fee. On the other hand, if a lawyer is handling a case that ends in trial, is very complex, or requires mediation/arbitration, he may charge around 40% or more.
Other motorcycle accident rates
Because your attorney makes every effort, there may be some fees and expenses for activities such as:
- Obtain copies of medical records or police reports
- Use of expert opinions
- Payment of the registration fee
- delivery collection
- Payment of court reporters
- getting a transcript
In most cases, a motorcycle accident attorney will cover these costs when they occur. They will simply deduct them from your statement before sending you the remaining balance. You should receive a detailed statement that includes all charges, their amounts and why they were charged.
Emergency rates are only valid for accident victims
The emergency benefit structure is only available where you have been injured as a result of someone else's negligence and are making a claim now. In other words, personal injury attorneys only work in emergency cases for the accident victims they represent.
The person who caused the accident and is responsible for the damage usually turns to their insurance company for legal representation. They will be responsible for assisting in the defense of the person who caused the accident. INMotorcycle accidentor other traffic accident, the insurance company would be the insurance company.
Receive a compensation check
When the insurance company agrees to pay you, they usually send a check directly to your attorney. That way, your attorney can deduct legal fees and other expenses from your total before sending you the rest of the settlement amount.
Your attorney should also provide a list of all items that have been deducted from the settlement in your case. If you have questions about certain fees, please don't hesitate to ask.
Other fee structures
While most accident attorneys only work on an emergency basis, some may charge an upfront fee and charge a contingency fee later. In this case, the advance will be deducted from the contingency fee.
Other solicitors may work on a fixed fee basis, but this is extremely rare for personal injury solicitors unless they charge a small one-off legal fee.
Learn more about attorney fees
The best way to find out how much your lawyer will pay is to know your situation. During your free initial consultation, our team will review the details of your case and come up with a better idea.how much will the accident lawyer charge.
Your attorney can help you protect yourself from the insurance company and work to build a strong claim. Insurance agents will look for ways to pay you far less than you deserve, so having an attorney on your side is invaluable to your case and the possibility of a settlement.
How is pain and suffering calculated in a motorcycle accident in Georgia?
There is no way to do thatcompensation for pain and sufferingare calculated in motorcycle accidents. However, there are some methods that are most commonly used. Your motorcycle accident attorney will likely use one of these to determine how much your pain and suffering should be worth in your claim.
What pain and suffering mean in a motorcycle accident
'Pain and suffering' refers to how the accident and injuries have affected your life. Pain and suffering can include physical and emotional or psychological pain that you experience. To file a claim for pain and suffering, you must be physically injured. Examples of pain and suffering may include:
- Physical pain
- Loss of joy in life
- mentally they were
Since there is no clear dollar value for either (as with medical bills and lost wages), your attorney will need to determine how much they are worth to you. While money can't solve any of these problems or reverse what happened, it can help cover the costs and help you get out of the accident.
Now, the two main methods lawyers use to calculate pain and suffering are "multiplier methodand the "day" method. Your attorney may try to use both to get an idea of the extent of your pain and suffering.
Also, insurers often use their own computer program to calculate pain and suffering, so the insurer may have a different idea of the value of these claims. That's why you need a strong, experienced attorney to help you fight for the compensation you deserve.
With this method, your attorney will start with a total of economic damages such as medical expenses and lost wages. They will then multiply this total by a number, which is usually between 1.5 and 5. This number is chosen based on the severity of your injuries.
The number you get by multiplying these two numbers should give you the pain and damage value.
The latter method allocates a certain amount of money per day for each day from the date of the accident to the day of maximum recovery. Your attorney will choose a per diem amount based on the severity of your injuries.
Proving damages caused by pain and suffering
To actually get compensation for pain and suffering (and other damages), you have to prove negligence and actually prove your damages. It's not easy, so we recommend working with an experienced motorcycle accident attorney.
Special damages, such as medical expenses, are fairly easy to prove, but pain and suffering is not. You need to gather evidence to show how the accident affected you. Examples of evidence you can use may include:
- A diary or notes detailing how you were physically and emotionally affected after the accident
- Evidence on the treatment of psychological problems caused by the accident
- Documentation from family or friends about how your injuries have affected you
When you hire a Georgia motorcycle accident attorney, you have someone on your side who can defend you and who knows the nuances of calculative pain and suffering.
How negligence is determined in a motorcycle accident
In order to have a valid claim for damages in a motorcycle accident, you must be able to prove negligence. Here's what you need to knowdetermination of negligence in a motorcycle accident:
Definition of negligence in a motorcycle accident
In Georgia, negligence is defined as a lack of diligence, which is the normal diligence that any prudent person would exercise under the same or similar circumstances. Every driver has a duty to keep the roads safe, so failure to do so is a form of negligence.
If carelessness causesMotorcycle accidentwounded, answer for damages. This means that you can file a claim for damages.
Negligence can look like this:
- going through a red light
- driving under the influence
- do not give up
- Driving too fast for road conditions
- distracted driving
- following too closely
- Stop looking before turning left
Determining negligence in a motorcycle accident
There are four main elements to a finding of negligence in a personal injury accident, such as a motorcycle accident:
1. You had a duty of care.In this situation, this duty of care is obvious if the other driver on the road has made a mistake.
2. The duty of care was violatedIf the wrongdoer did not act in a way that an otherwise prudent person might have acted in a similar situation, he or she is likely to have breached his or her duty of care.
3. Breach of duty led to your injuryYou were injured due to the carelessness of the driver. You must be able to prove these injuries, including emotional injuries that may not be physically apparent, such as pain and suffering.
4. You suffered damage as a result of the accidentFinally, you must establish that you have suffered losses due to the accident. These damages can include medical expenses, lost wages, property damage, pain and suffering, and more.
Each of these elements must be present to establish malpractice in your case. A lawyer can help you in this in the best possible way. The stronger the evidence you gather to show what happened, who is at fault and the extent of the injury, the easier it will be to prove negligence.
Collecting evidence of negligence in an accident
If you feel good enough to do it your wayaccident, you can take steps to begin gathering evidence to help you prove negligence in a motorcycle accident. Here are some ways to do it:
- Call the police to report the accident
- Exchanging names, contact information and insurance information with other drivers
- Obtaining names and contact information of eyewitnesses
- Track all medical bills, lost wages, bills and claims
- Write down what happened and how the accident affected you
- See a doctor as soon as possible after the accident
- Contact a motorcycle accident attorney as soon as possible
This information will also help your motorcycle accident attorney establish negligence, build a strong case, and work to get you the full compensation you deserve to offset your costs.
Talk to a motorcycle accident attorney for free today
Don't get paid for someone else's mistake. If you were injured inMotorcycle accidentor have lost a loved one in this type of accident, call Georgia Motorcycle Accident LawyersJohn Foy & AssociatesToday. Let us help you get the compensation you need and deserve. Call us or contact us online to get started today.
According to the National Highway Traffic Safety Administration, approximately 236 motorcycle crashes result in injuries every day in the United States. In general, the odds of getting into a motorcycle accident are 1 in 100. Although these odds are high, there are ways to prevent getting into a crash.How do you respond to a motorcycle accident? ›
- Assess Yourself for Injuries. ...
- Call 911. ...
- Get Medical Attention. ...
- Exchange Information with the Driver. ...
- Take Photos of the Motorcycle Accident. ...
- Interview Witnesses at the Scene. ...
- Provide a Statement to the Police. ...
- Report the Motorcycle Accident to Your Insurance Company.
Disorientation. The adrenaline from a motorcycle accident can naturally cause some confusion or unusual behavior. Victims with traumatic brain injury, however, may feel very disoriented. They may not remember what happened: that they had a motorcycle accident at all, for example.Why are accidents involving motorcycles typically serious and or fatal? ›
Because motorcycles only have two wheels, they inherently have less control than cars or trucks on four wheels. The fewer wheels a vehicle has, the less ability it has to grip the road. Motorcycles are also far more likely to tip over in cases where the operator loses control. Limited braking.Where is the most likely place for a motorcycle accident? ›
One of the most common locations for motorcycle accidents is at an intersection. According to the NHTSA, nearly half of all motorcycle accidents occur at traffic intersections. Intersections require everyone to pay close attention to determine the right-of-way.Where do 70% of motorcycle accidents occur? ›
Be especially alert at intersections because approximately 70 percent of motorcycle-vehicle collisions occur there! Watch for vehicles that may unexpectedly turn in front of you or pull out from a side street or driveway.How long does it take to recover from a motorcycle accident? ›
Depending on the severity of the injury, recovery may take a few months or years. Some victims never recover completely. Some of the most severe injuries from motorcycle accidents include: Head and neck injuries.What is one major reason for motorcycle accidents ___? ›
The Left Turn Problem
It's the number one factor in motorcycle accidents and fatalities. According to data from The U.S. Department of Transportation, 53% of crossing-path crashes involve left turns, while only 6% involve right turns. That's almost 10 times as many crashes!
Many drivers assume that motorcycle riders are reckless or careless on the road. But the facts say something different. Truthfully, most motorcycle accidents happen because of another driver's actions. A car or truck driver is more likely to be at fault for a motorcycle-related crash.Can you get PTSD from a motorcycle accident? ›
Yes, you can get PTSD from a motorcycle accident. Post-traumatic stress disorder (PTSD) can be caused by any traumatic event that you experience or even witness. Everyone reacts to trauma differently.
Post-traumatic amnesia is a state of confusion or loss of memory of the time immediately after a traumatic event, such as an auto accident. Anterograde amnesia is the most common.What kills most motorcycle riders? ›
In the majority of these cases, the car strikes the motorcycle from the front. And, it's no surprise that when head-on collisions occur, they're often fatal for the motorcyclist.
The major causes of death in motorcycle accidents are head injuries and traumatic brain injuries (TBI). Motorcycle crashes often result in serious head injuries, even if a rider is wearing a helmet (as is required in the state of North Carolina).What is the most common motorcycle accident? ›
Head-on crashes between a car and motorcycle are, in most cases, fatal for motorcycle riders. Records have shown that these collisions account for about 58 percent of fatalities from motorcycle crashes.
The Speed at Which Most Motorcycles Crash
The average speed of impact for motorcycle accidents is 21.5 mph. Shockingly, only one out of every 1,000 motorcycle accidents occur at speeds of around 85 mph.
When is it Least Safe to Ride? According to crash statistics collected by the NHTSA (National Highway Traffic Safety Administration), the majority of fatal motorcycle accidents occur on weekend nights between the hours of 3 PM and Midnight.What age do most motorcycle accidents happen? ›
7. The Average Age for Motorcycle Fatalities Is Over 40. Another assumption many people make is that most accidents involve young, reckless, and inexperienced drivers. However, motorcycle accident statistics prove that half of the drivers involved in fatal bike accidents were over 40.What are the top 3 causes of motorcycle accidents? ›
Reckless Driving, Speeding, and Alcohol Use
These three causes of motorcycle accidents are forms of reckless driving. Liability, of course, will come down to who was driving recklessly (the motorcyclist or the motorist).
The effects of a crash involving a motorcycle can often be devastating. While 20 percent of passenger vehicle crashes result in injury or death, an astounding 80 percent of motorcycle crashes result in injury or death.What happens to the human body in a motorcycle accident? ›
Motorcycle accidents can cause damage to the bones, muscles, tendons, ligaments and nerves of the neck. The damage can affect a person's ability to control head and neck movement and may be temporary or permanent. Serious neck injuries can damage the spinal cord and cause partial or total paralysis.
To understand what is a good settlement amount for a motorcycle accident you must first think about what the averages are for this kind of situation. The current average settlement for a motorcycle accident is approximately $80,000.What are complications after a motorcycle accident? ›
Head and brain injuries.
Sadly, not all bikers wear them, putting them at risk for skull fractures, concussions, and traumatic brain injuries (TBI). Motorcycle crash-related head and brain injuries cause life-altering symptoms, and long-term physical, cognitive, and behavioral impairment.
It is prone to infection and may take several months to heal fully. Minor road rash usually heals within two weeks.What should you avoid after an accident? ›
- Mistake #1: Not Calling the Police. ...
- Mistake #2: Forgetting to Take Pictures. ...
- Mistake #3: Refusing Medical Attention. ...
- Mistake #4: Admitting Fault. ...
- Mistake #5: Failing to Report the Accident to the DMV. ...
- Mistake #6: Not Calling a Lawyer. ...
Don't start riding again until all your injuries have healed
To reduce the chances of this you should make sure that all of your physical injuries are completely healed before getting back on your bike. It's also important to ensure you are mentally ready as well.
You can never assume other drivers, riders and even pedestrians have seen you. Motorcyclists are 29 times more likely to die in a crash.What is the truth about motorcycle accidents? ›
The number of motorcycle fatalities now stands at 5,932 and the rate is 30.05 per 100 million vehicle miles. The number of nonfatal injuries increased by 5%, while the injury rate decreased by 4% from 2020 to 2021.What is the common injury in motorcycle accidents? ›
Common injuries suffered include road rash, facial fractures and disfigurement, broken bones and burns. Injuries can range from minor to disabling, such as limb amputations, spinal cord injuries, paralysis and Traumatic Brain Injuries (TBI). One of the most common injuries suffered in motorcycle crashes is road rash.What state has the highest rate of motorcycle accidents? ›
Preliminary estimates indicate motorcycle deaths will pass 6,000 a year once 2021 totals are tabulated. Key findings: Mississippi, Texas and Arkansas have the highest rate of motorcycle fatalities.Does lane splitting cause more accidents? ›
The Basics of Lane-Splitting
When motorcyclists use lane-splitting, they reduce traffic congestion and vehicle emissions. Lane-splitting also decreases the chances of motorcyclists being rear-ended in a crash.
It is believed that distracted driving plays a role in approximately 40% of motorcycle accidents. If you are out on the road and need to send a text, pull over to the side of the road so that you can avoid a fatal crash.What are the chances of surviving a motorcycle accident? ›
The national fatality rate was just under 5 percent, meaning that the odds of surviving a motorcycle crash are just over 95 percent. There are over 8 million registered motorcycles in the United States. Only one in every 1,600 motorcyclists will die in a crash.How do you mentally recover from a bike accident? ›
- A complete recovery means more than stitches, casts or PT. ...
- Calm down, re-evaluate objectives and find a silver lining. ...
- Identify the fear and confront it as soon as possible. ...
- Practice. ...
- One pedal stroke at a time. ...
- Talk about it.
A severe auto accident can result in PTSD, crippling phobias, uncontrollable anxiety, and sadness. Studies have indicated that crash-related mental traumas, particularly in minors, might have symptoms that last for up to a year following a vehicle accident.Is there a drug that makes you forget trauma? ›
They found that the group who were given hydrocortisone a few minutes after being shown several very upsetting videos, seemed to “forget” the event more quickly compared to those who had been given a placebo drug.Can you really lose your memory with an accident? ›
The most common type of memory loss is anterograde amnesia. This type of amnesia can cause victims to lose all memories of events that occur in their lives following a car accident. Post-traumatic amnesia is a condition in which accident victims can't remember what happened immediately following a car accident.How long does memory loss last after an accident? ›
People may remain confused and unable to store memories for some time after the injury. The loss of memory from the moment of TBI onward is called post-traumatic amnesia. It can last from a few minutes to several weeks or months, depending on the severity of brain injury.At what speed do most accidents happen? ›
Slightly less than half (47%) of all fatal crashes occurring on roadways with speed limit between 45 and 50 mph are in rural areas. Over 70 percent of the fatal crashes on roadways with speed limit of 55 mph or higher occur in rural areas.What do most outlaw bikers ride? ›
An outlaw motorcycle club is a motorcycle subculture generally centered on the use of cruiser motorcycles, particularly Harley-Davidsons and choppers, and a set of ideals that purport to celebrate freedom, nonconformity to mainstream culture, and loyalty to the biker group.What is a factor in most fatal motorcycle crashes? ›
Riding While Impaired
Driving a motorcycle under the influence of alcohol or drugs causes 9.6% of motorcycle fatalities, according to SafeTREC. While all drivers on the road need to consume alcohol responsibly and avoid driving drunk, motorcyclists are more vulnerable in an accident.
Motorcycles are easier to maneuver and are generally more agile. But motorcyclists are considerably more exposed to danger than other motor vehicle operators. Accidents involving a motorcyclist can often cause serious trauma or death.Are motorcycle deaths higher than cars? ›
Motorcycle Accident Statistics
Deaths in motorcycle accidents are approximately 30 times higher than fatalities in car accidents. Motorcycle riders over the age of 40 are approximately 20 times more likely to be injured in an accident than car drivers of the same age.
However, white was proven to be the safest color in all light conditions. White and other lighter colors created a better contrast between the vehicle and its surroundings on the road, making it easier to spot and discern. White, yellow, beige, and other lighter colors just stand out and have a better visibility index.What is the average age of motorcycle deaths? ›
Although motorcycle riders aged 25 to 29 topped the list of the most vulnerable age groups in motorcycle crashes, riders aged 50 and above accounted for 36% of motorcycle accident fatalities. As you can see, there is a higher fatality rate among older bikers.What is most likely motorcycle accident? ›
1. Motorcycle Accidents Caused by Left-Turning Cars. The most common motorcycle accident happens when a car makes a left-hand turn in front of you. This is the single most dangerous situation for motorcyclists, accounting for 42% of all accidents involving a motorcycle and car.What is the primary cause of motorcycle crashes? ›
According to the NHTSA, many motorcycle accidents are a result of reckless driving, over-speeding, and driving under the influence. Riding your motorcycle without regard to the road safety rules will only result in a serious crash.Who shouldn't ride a motorcycle? ›
Riding on a motorcycle is all about balance. Leaning too far to one side or the other during a turn or even when riding straight down the road can result in your landing on your side and injuring yourself. If you have any type of balance difficulty, such as an inner ear problem or vertigo, avoid driving a motorcycle.Can a 70 year old man ride a motorcycle? ›
But our community knows that in truth, riders come in all shapes, sizes, and ages. We know plenty of motorcyclists who are tearing up the road at 40, 50, 60 or even older. In fact, the median age of a biker in the US is 50 and a whopping 39% of motorcycle owners are between the ages of 51 and 69.Do most people survive motorcycle accidents? ›
The national fatality rate was just under 5 percent, meaning that the odds of surviving a motorcycle crash are just over 95 percent. There are over 8 million registered motorcycles in the United States. Only one in every 1,600 motorcyclists will die in a crash.What is the average age of a motorcycle owner? ›
The average age of the American motorcyclist is 48.
They are far more likely to crash in emergency maneuvers such as swerving or braking. Motorcyclists lack the protection of an enclosed vehicle, including seatbelts and airbags, and are more vulnerable to serious injuries in a wreck.What state has the most motorcycle fatalities? ›
Preliminary estimates indicate motorcycle deaths will pass 6,000 a year once 2021 totals are tabulated. Key findings: Mississippi, Texas and Arkansas have the highest rate of motorcycle fatalities.How do most motorcycle deaths occur? ›
Most motorcycle accidents that occur at intersections are caused by: A motorist turning left across an intersection without seeing an oncoming motorcyclist (which is the most dangerous situation for a motorcyclist to be in) A motorist sideswiping a motorcyclist who is trying to turn left at the same time.Are motorcycle accidents worse than car accidents? ›
Motorcyclists are 6x more likely to suffer fatal injuries than car passengers. There were over 8.3 million registered motorcycles in the country. Per vehicle miles traveled, motorcyclists are 27 x more likely to be killed in a traffic crash than passenger car occupants. They account for 14% of all traffic fatalities.