Brookhaven Motorcycle Claims: Don’t Get Robbed

Misinformation surrounding motorcycle accident claims in Brookhaven, Georgia, can significantly impact your ability to receive fair compensation. Are you ready to separate fact from fiction?

Myth #1: All Motorcycle Accidents Are the Motorcyclist’s Fault

Many people automatically assume that if a motorcycle is involved in an accident, the motorcyclist is to blame. This couldn’t be further from the truth. Often, car drivers are negligent, failing to see motorcycles or misjudging their speed. A study by the National Highway Traffic Safety Administration (NHTSA) found that in multi-vehicle crashes involving motorcycles and other vehicles, the other vehicle was at fault more often than the motorcycle. In fact, according to the NHTSA, 60% of motorcycle accidents involving another vehicle are caused by the other vehicle.

We had a case last year where a client was broadsided on Dresden Drive in Brookhaven. The driver claimed they didn’t see him, even though he was in plain sight. It turned out the driver was texting. The police report, witness statements, and phone records all confirmed the driver’s negligence, leading to a favorable settlement for our client. It’s crucial to remember that each accident is unique, and fault needs to be determined based on evidence, not assumptions. Many people are unaware of how to prove fault, and win their case.

Myth #2: You Don’t Need a Lawyer for a “Simple” Motorcycle Accident

The idea that you only need a lawyer for complex cases is a dangerous misconception. Insurance companies are businesses, and their goal is to minimize payouts, regardless of how “simple” your case seems. They might offer a quick settlement that seems appealing, but it rarely covers the full extent of your damages, including future medical expenses, lost earning capacity, and pain and suffering.

A lawyer experienced in Georgia motorcycle accident law, particularly in the Brookhaven area, understands the nuances of these cases. We know how to investigate the accident, gather evidence, negotiate with insurance companies, and, if necessary, take your case to court. I had a client who initially thought he could handle his claim himself. The insurance company offered him $5,000. After we got involved, we were able to secure a $150,000 settlement by demonstrating the full extent of his injuries and lost wages. This is where we can help you get what you deserve. If you’re in Smyrna, you should choose your GA lawyer wisely.

Myth #3: If You Weren’t Wearing a Helmet, You Can’t Recover Damages

Georgia law (O.C.G.A. § 40-6-315) requires motorcycle operators and passengers to wear helmets that meet specific safety standards. While not wearing a helmet can impact your case, it doesn’t automatically bar you from recovering damages. Georgia follows the principle of modified comparative negligence. This means you can still recover damages even if you were partially at fault, as long as your percentage of fault is less than 50%.

However, your damages may be reduced by your percentage of fault. For example, if you weren’t wearing a helmet and the jury finds you 20% responsible for your injuries because a helmet would have lessened the severity, your total damages will be reduced by 20%. The insurance company will argue that the lack of a helmet contributed to your injuries. A skilled attorney can counter this argument by presenting evidence of the other driver’s negligence and minimizing the impact of not wearing a helmet on your overall damages. It’s important to debunk common motorcycle accident myths.

Myth #4: Settling Quickly Is Always Best

The allure of a quick settlement can be strong, especially when you’re facing medical bills and lost income. However, rushing into a settlement without fully understanding the extent of your injuries and damages is a mistake. It’s crucial to wait until you’ve reached maximum medical improvement (MMI) before settling your claim. MMI means that your condition has stabilized, and further treatment is unlikely to significantly improve your condition.

Here’s what nobody tells you: settling too soon means you could be leaving money on the table for future medical treatments, ongoing therapy, or even long-term disability. We work with medical experts to assess your long-term needs and ensure that any settlement adequately compensates you for these future expenses. Rushing the process can have serious financial consequences down the road. Many people are worried about losing money unknowingly.

Myth #5: Insurance Companies Are on Your Side

This is perhaps the most dangerous myth of all. While insurance companies may seem friendly and helpful, their primary loyalty is to their shareholders, not to you. Their goal is to pay out as little as possible, even if it means denying or undervaluing your claim. Don’t be fooled by their friendly demeanor; they are not on your side. Remember to not talk to insurance first!

I’ve seen countless cases where insurance adjusters downplay injuries, question medical treatments, and try to pressure claimants into accepting lowball offers. They may even try to use your own statements against you. Remember, anything you say to the insurance adjuster can and will be used against you. It’s always best to consult with an attorney before speaking to the insurance company. This protects your rights and ensures that your interests are represented.

Navigating a motorcycle accident claim in Brookhaven, Georgia requires a clear understanding of your rights and the legal process. Don’t let misinformation derail your pursuit of justice.

Don’t let myths and misconceptions cloud your judgment. Speak with a qualified attorney to understand your legal options and protect your rights after a motorcycle accident.