Dawsonville Motorcycle Accident Lawyer

Motorcycles are an excellent way to get out on the roadways and spend time outdoors. However, motorcyclists are more likely than other motorists to suffer serious harm in an accident due to their lack of protection. Despite the road safety regulations in place, collisions caused by careless motorists are still possible.

If a negligent motorist caused your collision, you might be able to pursue financial compensation for your losses. A Dawsonville motorcycle accident lawyer could help you hold a negligent driver accountable for your avoidable harm. For help with your claim, contact a personal injury attorney at Smith Hulsey today to get started.

Proving Negligence in Civil Court After a Motorcycle Crash

A successful claim for damages must establish the other driver’s negligence caused the accident and resulting injuries. A Dawsonville motorcycle crash attorney could help determine the liable party and if a case proves these necessary elements. A claim must contain specific elements to prove liability. The components of negligence include a duty of care, breach of duty of care, causation, and damages.

Duty of Care

Motorists must operate vehicles safely and in the same manner as a reasonable person would in the same situation. Everyone on the roadways owes a certain level of duty of care to other drivers.

Breach of Duty of Care

If a careless driver makes an unsafe lane change without checking their surroundings and an accident with a motorcycle ensues, they breach the duty of care. A negligent driver’s failure to follow traffic or safety laws could be evidence of their carelessness in a civil case.

Causation

A civil claim must also establish that the defendant’s breach of duty of care was the cause of the accident. An example of causation is a motorist running a red light and crashing into a motorcyclist.

Damages

The plaintiff must suffer verifiable losses to receive an award for damages in a civil action. Evidence of injuries could be medical records, hospital bills, and witness/expert testimony.

Recovering Damages After Proving Liability

After the claimant proves the other party’s negligence, the court could award compensation under two major categories: economic and non-economic damages. Damages aim to cover out-of-pocket expenses, losses, and non-economic damages for psychological, mental, and emotional injuries. Settlement amounts could cover:

  • Current and future medical bills and expenses
  • Lost income and time away from work
  • Future earning potential
  • Transportation costs for medical appointments
  • Mental anguish
  • Physical pain and suffering
  • Inconvenience
  • Loss of the enjoyment of life

A motorcycle crash lawyer in Dawsonville could help an injured party pursue the damages that they are entitled to after an accident.

The Modified Comparative Fault Rule

In some situations, the court may find that the plaintiff or another third party holds a portion of the liability for a vehicle collision. According to the Official Georgia Code Annotated § 51-12-33, sharing a percentage of fault for an accident does not bar the motorcycle rider from recovering damages.

If the court finds that the plaintiff or other third parties share liability after the details and evidence review, they will subtract that amount from the total damages award. For example, if the award amount is $100,000, but the plaintiff is 10 percent liable, they will recover $90,000 in compensation to cover damages. The motorcycle accident attorneys at our firm are familiar with how comparative fault may impact a settlement award in Dawsonville and could answer questions pertaining to liability in a given case.

Call a Motorcycle Accident Attorney in Dawsonville Today

Motorcycle accidents can have severe, life-altering consequences on a person’s wellbeing. Matters become even more devastating if another motorist’s negligence caused this accident.

If you were injured in a motorbike wreck caused by someone else, a claim for damages could cover medical and living expenses to help you get back on your feet. Contact a Dawsonville motorcycle accident lawyer at Smith Hulsey to discuss your legal options.

Smith Hulsey Law

Smith Hulsey Law
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