Roswell Motorcycle Accident? Know These Georgia Rights

Navigating the aftermath of a motorcycle accident in Roswell, Georgia, can be confusing and overwhelming. Unfortunately, misinformation abounds, and believing the wrong information can jeopardize your ability to recover the compensation you deserve. Are you sure you know the truth about your rights?

Myth 1: If I wasn’t wearing a helmet, I can’t recover any damages.

This is a common misconception, but it’s not entirely true. While Georgia law O.C.G.A. § 40-6-315 requires motorcycle operators and passengers to wear helmets meeting Department of Transportation standards, failing to do so doesn’t automatically bar you from recovering damages after a motorcycle accident. The insurance company will almost certainly try to use your lack of a helmet against you, arguing that your injuries were worse because of it. They might even try to say you were comparatively negligent.

However, the real question is whether the lack of a helmet contributed to the cause of the accident. If the accident was entirely the other driver’s fault – say, they ran a red light at the intersection of Holcomb Bridge Road and GA-400 – your lack of a helmet is less relevant to liability. It might, however, affect the damages you can recover, specifically related to head injuries. A jury might reduce your compensation if they believe a helmet would have lessened the severity of those injuries.

I had a client last year who wasn’t wearing a helmet when he was hit by a driver making an illegal left turn near downtown Roswell. The insurance company initially denied his claim, citing the helmet law. We were able to successfully argue that the driver’s negligence was the sole cause of the accident, and we ultimately secured a settlement that compensated him for his injuries.

Myth 2: The insurance company is on my side and will offer me a fair settlement.

This is perhaps the most dangerous myth of all. Insurance companies are businesses, and their goal is to minimize payouts. While the adjuster might seem friendly, their loyalty lies with their employer, not with you. They are trained to look for ways to reduce or deny your claim.

Don’t be surprised if they offer you a quick settlement soon after the motorcycle accident. While it might seem tempting to accept the money and move on, these initial offers are almost always far below what you’re actually entitled to. They are counting on you being stressed, overwhelmed, and unaware of the full extent of your damages.

Before accepting any settlement, it’s crucial to understand the full value of your claim, including medical expenses (past and future), lost wages, property damage, and pain and suffering. Consulting with a Georgia attorney specializing in motorcycle accidents can help you accurately assess your damages and negotiate a fair settlement.

Myth 3: If I was even partially at fault for the accident, I can’t recover anything.

Georgia follows a modified comparative negligence rule, as defined in O.C.G.A. § 51-12-33. This means that you can still recover damages even if you were partially at fault for the motorcycle accident, as long as your percentage of fault is less than 50%. However, your recovery will be reduced by your percentage of fault.

For example, if you were found to be 20% at fault for the accident, and your total damages were $100,000, you would only be able to recover $80,000. But what if you are found to be 51% or more at fault? In that case, you are barred from recovering any damages. This is why it’s so important to have an experienced attorney who can investigate the accident, gather evidence, and build a strong case to minimize your percentage of fault.

Proving fault can be complex. We ran into this exact issue at my previous firm. We represented a motorcyclist who was involved in an accident on North Point Parkway. The other driver claimed our client was speeding. We used traffic camera footage and expert testimony to demonstrate that the other driver had failed to yield the right-of-way, and we were able to secure a favorable settlement for our client.

Myth 4: I can handle my motorcycle accident claim myself. I don’t need a lawyer.

While you can technically handle your claim yourself, it’s generally not advisable, especially if you’ve suffered serious injuries. Dealing with insurance companies can be a complex and frustrating process, and they have experienced adjusters and lawyers working to protect their interests. Here’s what nobody tells you: insurance companies love dealing with unrepresented claimants.

An experienced Georgia motorcycle accident lawyer can level the playing field. They understand the law, the insurance claims process, and the tactics that insurance companies use to minimize payouts. They can investigate the accident, gather evidence, negotiate with the insurance company, and, if necessary, file a lawsuit on your behalf. A lawyer can also help you avoid leaving money on the table.

Moreover, a lawyer can help you understand the full extent of your damages, including future medical expenses, lost earning capacity, and pain and suffering – things you might not even consider on your own. They can also protect you from making statements that could harm your case.

Myth 5: Filing a lawsuit is too expensive and time-consuming.

It’s true that litigation can be costly and time-consuming, but it’s often the only way to obtain fair compensation after a serious motorcycle accident. Many personal injury attorneys, including myself, work on a contingency fee basis, meaning you don’t pay any attorney fees unless we recover compensation for you. This eliminates the upfront financial risk of hiring a lawyer.

As for the time commitment, while your attorney will need your cooperation in gathering information and preparing your case, they will handle the majority of the work, allowing you to focus on your recovery. And remember, the statute of limitations for personal injury claims in Georgia is generally two years from the date of the accident, per O.C.G.A. § 9-3-33. If you don’t file a lawsuit within that time frame, you lose your right to sue.

A Roswell motorcycle accident case study: I represented a client who suffered a broken leg and other injuries after being rear-ended by a distracted driver on Alpharetta Street. The insurance company offered a paltry settlement that barely covered his medical bills. We filed a lawsuit in Fulton County Superior Court and, after months of negotiation and discovery, we were able to secure a settlement that was five times the initial offer. The process took about 18 months, but it was well worth it for my client. If you were involved in an Alpharetta motorcycle crash, the steps you take are similar.

Don’t let these myths prevent you from pursuing the compensation you deserve. Understanding your rights is the first step toward a successful recovery. A Savannah lawyer can help explain your rights.

While this information is a start, remember that every motorcycle accident case is unique. Your next step should be to seek personalized guidance from a legal professional. Don’t wait – protect your rights today.