Bikers have the same responsibilities and rights as everyone else on the road. Unfortunately, not every driver gives motorcyclists the space and respect they deserve. This lack of caution can lead to devastating collisions, causing severe injuries to bikers impacted by much larger vehicles.
If you were recently injured in a motorbiking wreck, reach out to a seasoned attorney at Smith Hulsey for help recovering civil compensation. A Winder motorcycle accident lawyer with experience handling these unique types of claims could work to hold the negligent party accountable and obtain a fair damages award for your losses.
Like any vehicular accident claim, motorcycle collision cases revolve around the concept of legal negligence. In order to recover damages after a motorcycle wreck, an injured plaintiff must be able to prove that someone else behaved recklessly or carelessly, violating a duty of care that they owed to the plaintiff. Then, the plaintiff must show that the breach directly led to their compensable damages.
Negligence can take the form of an illegal act, such as:
However, negligence does not have to involve a traffic violation. For instance, a driver who simply fails to pay attention to their surroundings could still be held responsible for damages they cause through an ensuing crash, even if they did not receive a traffic ticket from the responding police officer.
Importantly, an injured motorcyclist could be found partially negligent for their collision, affecting the damages that they could receive in a civil claim. Official Code of Georgia §51-12-33 allows civil courts to proportionately reduce the value of a damage award based on a plaintiff’s percentage of fault for their accident.
Additionally, if a plaintiff is found more than 50 percent to blame for their own injuries, O.C.G.A. §51-11-7 bars them from recovering anything at all. The knowledgeable attorneys at our Winder office could further explain this concept and how it may apply in a specific motorcycle accident case.
Because motorcycles offer less protection than cars, bikers tend to be at higher risk of catastrophic injury in the event of a roadway collision. In addition to painful short-term injuries like road rash, soft tissue damage, and bone fractures, motorcyclists are also susceptible to life-altering disabilities and disfigurements such as:
Fortunately, a skilled local attorney could help an injured biker seek fair financial restitution for various losses stemming from a wreck. Common recoverable economic and non-economic damages include:
Unfortunately, motorcyclists bear the brunt of damage in accidents caused by negligent drivers. If you were hit while biking, speak with a knowledgeable attorney about your legal options for obtaining the restitution you need to recover from your injuries. At Smith Hulsey, a Winder motorcycle accident lawyer could be a dedicated ally in your fight for comprehensive recovery. Call today to set up a free consultation.
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