While riding a motorcycle is a favorite pastime for many people, bikers are at a greater risk of being injured in a crash due to the size and weight discrepancy between them and cars. Given the fact that many of these accidents are the result of a defective vehicle part and/or a negligent motorist, legal action should be taken on behalf of the injured rider.
After a motorcycle accident, you will need to speak with a personal injury attorney about the next steps and what deadlines you must meet in order to recover damages. At Henningsen Injury Attorneys P.C., we are familiar with the toll an accident can take on an individual and their family and are here to help navigate what to do next.
Call 404-882-6810 today to discuss your case for free. No charge until you win!
Recovering Damages After A Motorcycle Accident
While you would need to schedule a free consultation with us to review what specific damages you are entitled to, generally, there are two types of damages that a motorcycle accident victim can claim: punitive and compensatory.
Punitive damages punish a defendant for negligence, such as driving while intoxicated, or a hit and run. If you have suffered injuries, you may be entitled to compensatory damages, both economic and non-economic, to compensate you for the loss you’ve experienced.
Economic Damages
These damages include your tangible financial losses, including but not limited to:
- Lost wages: not only does this include work that you missed immediately after your accident, but it can also include future lost earnings if the accident prevents you from returning to your job or has left you permanently disabled
- Medical care: if you have medical bills from the ambulance ride, hospital, or specialists that you had to see, then you can receive compensation for your expenses. After you arrived at the hospital, the physicians treating you will most likely conduct a series of scans, including X-rays, MRIs, and CT scans, to assess your injuries. Generally, health insurance companies ask for compensation if they initially paid out your claim and your attorney will determine whether or not they have a legal right to reimbursement.
- Property damage: this includes your damaged bike along with any other property that was damaged at the accident scene
- Wrongful death damages: surviving family members and individuals named in the deceased’s will can obtain compensation in addition to non-fatal economic damages. This includes funeral bills, burial costs, loss of benefits, loss of earning capacity, and any other damages incurred by their loved one’s passing.
Non-Economic Damages
Non-economic damages include the pain and suffering experienced due to your serious injuries, as well as the psychological trauma that the accident cased. Pain and suffering can include depression, grief, shame, anxiety, and PTSD. These damages are estimated with the help of your car accident attorney using a multiplier, which is based on how badly you were injured and can be any number between one and seven. Using their experience in motorcycle, your attorney will select a number and multiply it by your total economic damages. The cost of your non-economic damages is added to your economic damages to estimate your settlement costs.
Your pain and suffering are important, which is why you must inform your attorney of the type of emotional distress you’ve experienced as the result of an accident. Insurance companies often leave this out of your settlement estimation, severely undercutting how much you are truly owed.
Common Causes of Motorcycle Accidents in Atlanta
Although many motorcycles have state-of-the-art safety features, they are still prone to accidents. Some of the most common causes of motorcycle accidents include:
- Speeding
- Lane Splitting
- Left Turning Cars
- Illegal Lane Changes
- Alcohol and Drug Use
- Inexperience
- Bad Weather
- Distracted Drivers
Common Injuries After an Atlanta Motorcycle Accident
Riding a motorcycle is more dangerous than driving a car because cars provide better protection for both drivers and passengers. Therefore, the chance of fatalities is higher after a motorcycle wreck with, injuries often being severe and life-threatening.
The most common types of injuries include:
- Road Rash
- Burns
- Spinal Cord Damage
- Traumatic Brain Injury
- Bone Fractures and Breaks
Before you accept a settlement from any other party, speak to your personal injury attorney first. They can help you obtain fair compensation instead of the small amount offered by the other party’s insurance company. Call Henningsen Injury Attorneys P.C. today for a free consultation.
What If I’m Partially At Fault?
Depending on your situation, your actions could have contributed to your accident. This can be the case if you were speeding, weaving through traffic, ignoring traffic signals, or engaging in other irresponsible behavior. That being said, according to the law of comparative negligence, you may still be able to receive compensation.
In the state of Georgia, this only applies if you contributed to less than 50% of the accident. If you were at fault for more than 50% you legally can’t seek compensation from the other party. If you are unsure about whether your actions contributed to the collision, your attorney can determine this for you after an initial consultation.
What To Do After An Accident
If you can, you should immediately dial 911 and inform them of the accident. Take pictures of the accident scene, including the condition of your bike and the severity of your injuries. You will need to exchange information with the other driver involved, including name, address, email address, phone number, and car insurance information.
Why Hire Us
With millions of dollars recovered for our clients in the past, we provide the expert legal counsel that you deserve, walking you through the entire process from start to finish. Without an experienced personal injury attorney on your side, you could face several unexpected issues with your accident claim.
Namely, the average person isn’t aware of what they should or should not say to an insurance company. When they realize that you don’t have legal counsel to guide you, they will often try to persuade you to accept a lower compensation amount. You should never blindly sign anything an insurance company asks you to nor should you let them record you.
Call Henningsen Injury Attorneys P.C. today to schedule your free case evaluation. We will discuss your options and rights as well as answer your questions about the legal process. Upon hiring Henningsen Injury Attorneys to represent you, we will immediately begin to work on your case by investigating the accident to determine what caused it, as well as gathering evidence , such as the medical bills you have received. We have years of experience standing up to insurance companies and cutting through complex legal jargon and paperwork for our clients.
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May 27, 2022
