GA Motorcycle Accident Claim: 2 Myths That Can Cost You

Filing a motorcycle accident claim in Savannah, Georgia can be a complex process riddled with misinformation, leaving many riders unsure of their rights and options. Are you confident you know the truth about what to do after a motorcycle accident?

Myth 1: If I Was Partially at Fault, I Can’t Recover Anything

Many believe that if they were even slightly responsible for a motorcycle accident, they are barred from recovering any compensation. This simply isn’t true in Georgia. Georgia follows a modified comparative negligence rule, as outlined in O.C.G.A. § 51-12-33. This means that you can still recover damages as long as your percentage of fault is less than 50%. You might even wonder, are you really at fault?

Here’s how it works: Let’s say you were involved in an accident near Forsyth Park. A driver ran a red light, but you were speeding. The jury determines the other driver was 80% at fault and you were 20% at fault. If your total damages are $100,000, you can still recover $80,000. However, if the jury found you 50% or more at fault, you would recover nothing. This is why presenting a strong case is crucial.

Myth 2: I Have Plenty of Time to File a Claim

A common misconception is that you can wait indefinitely to file a motorcycle accident claim. While you might think you have ample time, Georgia law sets a statute of limitations for personal injury cases. In Georgia, you generally have two years from the date of the accident to file a lawsuit, according to O.C.G.A. § 9-3-33.

Missing this deadline means you lose your right to sue for damages. Gathering evidence, negotiating with insurance companies, and preparing a case takes time. Two years may seem like a long time, but it goes by quickly, especially when dealing with injuries and recovery. Don’t delay seeking legal advice. I had a client last year who waited 18 months before contacting us, and while we were able to build a strong case, the looming deadline definitely added unnecessary pressure.

Myth 3: Insurance Will Cover Everything

Many people assume that their insurance or the other driver’s insurance will automatically cover all their losses after a motorcycle accident. Unfortunately, insurance companies are businesses, and their goal is to minimize payouts. They might offer a quick settlement that seems appealing but doesn’t fully compensate you for your medical bills, lost wages, pain, and suffering.

Insurance adjusters might downplay your injuries or try to argue that you were more at fault than you actually were. They might even use recorded statements against you. Never give a recorded statement without consulting an attorney first. We recently handled a case where the insurance company initially offered $5,000 for a client’s injuries sustained in a motorcycle accident near River Street. After we presented a detailed demand package and threatened litigation, the settlement increased to $75,000.

Myth 4: Only Serious Injuries Warrant a Claim

Some believe that only catastrophic injuries, like spinal cord injuries or traumatic brain injuries, justify filing a motorcycle accident claim. While those types of injuries certainly warrant legal action, even seemingly minor injuries can have long-term consequences and significant financial burdens. You should know what your injury claim is worth.

Soft tissue injuries, such as whiplash or muscle strains, can require ongoing physical therapy and medication. These costs can add up quickly, especially if you’re unable to work. Additionally, the pain and discomfort can significantly impact your quality of life. Don’t underestimate the impact of even “minor” injuries. Seek medical attention and consult with an attorney to understand your rights. Plus, adrenaline can mask injuries immediately after an accident, so what feels like nothing could be something serious.

Myth 5: Hiring an Attorney is Too Expensive

A common concern is that hiring an attorney to handle a motorcycle accident claim is too expensive. Many people assume they can’t afford legal representation. However, most personal injury attorneys, including those specializing in Savannah motorcycle accidents, work on a contingency fee basis. This means you don’t pay any attorney’s fees unless they recover compensation for you. Maximize your compensation with the help of an attorney.

The attorney’s fee is typically a percentage of the settlement or court award. This arrangement makes legal representation accessible to almost everyone, regardless of their financial situation. Moreover, an experienced attorney can often obtain a significantly higher settlement than you could achieve on your own, even after deducting their fee. Think of it as an investment in your future financial well-being.

Myth 6: Documenting the Accident is Unnecessary

Some believe that documenting the scene of a motorcycle accident is unnecessary, assuming the police report will contain all the necessary information. While a police report is helpful, it may not capture all the details needed to build a strong claim. It’s crucial to gather your own evidence at the scene, if you are able.

Take photos and videos of the damage to your motorcycle and the other vehicles involved. Capture the road conditions, traffic signals, and any visible injuries. Get contact information from witnesses. All of this information can be invaluable in proving liability and maximizing your compensation. We had a case where the police report was inaccurate, but the client’s photos clearly showed the other driver ran a stop sign. This evidence was crucial in securing a favorable settlement. And remember, evidence rules impact you.

Navigating the aftermath of a motorcycle accident in Georgia can be overwhelming. Don’t let these myths prevent you from seeking the compensation you deserve.

Don’t navigate the complexities of a motorcycle accident claim alone. Contact an attorney experienced in Georgia law to protect your rights and pursue the compensation you deserve.