Roswell Motorcycle Crash? Don’t Assume the Worst

Navigating the aftermath of a motorcycle accident in Roswell, Georgia, can feel overwhelming, especially when misinformation abounds. But don’t let myths cloud your judgment; understanding your legal rights is paramount. Are you making assumptions that could jeopardize your claim?

Myth 1: If the police report says I was at fault, I have no case.

This is a common misconception that can prevent injured riders from seeking the compensation they deserve. It’s true that the police report carries weight, but it’s not the final word. The investigating officer’s opinion is just that – an opinion. It’s not a judgment handed down by a court of law.

We’ve seen countless cases where the initial police report was inaccurate or incomplete. For example, I had a client last year who was involved in a motorcycle accident on Holcomb Bridge Road near the GA-400 interchange. The police report initially blamed him for speeding, but after we investigated, we discovered that the other driver had run a red light. We obtained surveillance footage from a nearby business that clearly showed the other driver’s negligence, and we were able to secure a substantial settlement for my client. The key is to conduct your own independent investigation. You can also request the police report from the Roswell Police Department.

Myth 2: Georgia’s minimum insurance coverage is enough to cover my injuries.

Georgia law, specifically O.C.G.A. Section 40-6-10, mandates minimum liability insurance coverage for drivers. However, these minimums are often woefully inadequate to cover the serious injuries that often result from motorcycle accidents. The current minimums are $25,000 per person, $50,000 per accident for bodily injury liability, and $25,000 for property damage.

Think about it: a broken leg requiring surgery and physical therapy can easily exceed $25,000 in medical bills alone. What about lost wages, pain, and suffering? That’s where uninsured/underinsured motorist (UM/UIM) coverage comes in. UM/UIM coverage protects you if the at-fault driver has no insurance or insufficient coverage to pay for your damages. I strongly recommend that all motorcyclists carry the maximum amount of UM/UIM coverage possible. It’s an investment in your future. To further protect yourself, understand how to protect your rights after a crash.

Myth 3: I can handle the insurance claim myself to save money on attorney fees.

While it’s tempting to try to save money by handling your own insurance claim, it’s generally not a good idea, especially in a motorcycle accident case. Insurance companies are businesses, and their goal is to pay out as little as possible. They have experienced adjusters who are trained to minimize payouts.

Here’s what nobody tells you: Insurance adjusters often use tactics to trick you into saying things that can hurt your claim. They might try to get you to admit fault or downplay your injuries. A seasoned attorney understands these tactics and can protect your rights. Furthermore, an attorney can often negotiate a much higher settlement than you could obtain on your own. We had a case at my previous firm where the insurance company initially offered our client $10,000. After we got involved, we were able to settle the case for $150,000. The difference? We understood the true value of the case and were prepared to take it to trial.

Myth 4: If I wasn’t wearing a helmet, I can’t recover any damages.

Georgia law does not require all motorcycle riders to wear a helmet. O.C.G.A. Section 40-6-315 dictates that only riders under the age of 18 are required to wear helmets. What happens if you’re over 18 and not wearing a helmet?

While not wearing a helmet will not automatically bar you from recovering damages, it can affect the amount of compensation you receive. The insurance company may argue that your injuries were more severe because you weren’t wearing a helmet, and they may try to reduce your settlement accordingly. This is called the doctrine of comparative negligence. However, the burden is on the insurance company to prove that your failure to wear a helmet contributed to your injuries. We’ve successfully argued against this in court on numerous occasions, especially when the accident was clearly the other driver’s fault. You might also find it helpful to review new evidence rules that could impact your claim.

Myth 5: My medical records are private and the insurance company can’t access them without my permission.

While you do have a right to privacy regarding your medical records, by filing a personal injury claim, you are essentially putting your medical condition at issue. The insurance company has a right to obtain medical records related to the accident to evaluate your claim.

However, they can’t just rummage through your entire medical history. They are only entitled to records that are relevant to the injuries you sustained in the accident. Furthermore, you have the right to review the records before they are released to the insurance company. An attorney can help you ensure that the insurance company only receives the information they are entitled to and that your privacy is protected. For example, if you broke your arm in a motorcycle accident, the insurance company is not entitled to your psychiatric records from five years ago.

Taking the right steps after a motorcycle accident near Roswell, Georgia, can significantly impact your ability to recover fair compensation. Don’t let misinformation derail your claim. Consulting with an experienced Georgia attorney is the best way to protect your rights and ensure you receive the justice you deserve. If you’re in Alpharetta, remember that steps to protect yourself are crucial. Also, don’t assume you are at fault; it’s good to understand if you are really at fault.

Don’t delay seeking legal advice. Even a seemingly minor motorcycle accident can have long-term consequences. Contacting an attorney promptly allows them to investigate the accident, gather evidence, and protect your rights from the outset.