Motorcycle accidents are among the most dangerous types of motor vehicle accidents, sometimes leaving victims with substantial physical, emotional and financial losses. At Moffitt Law, LLC, our Carrollton motorcycle accident lawyer will help you build a solid case for compensation and hold the at-fault party responsible for their actions. You do not have to face the process alone while recovering from your injuries.
The Role of Our Carrollton Motorcycle Accident Lawyer
Hiring our firm’s motorcycle accident attorney in Carrollton comes with many advantages. Rather than you having to personally take on the challenge of building and presenting your case for compensation while enduring medical care or grieving the loss of a loved one, we handle all investigative and administrative work for you. Tasks we perform for most motorcycle accident victims include:
- Gathering evidence to support your claims of fault and damages
- Accessing experts, such as mental health professionals and accident reconstructionists, to validate claims
- Negotiating with the insurance company for a fast and fair settlement
- Identifying all the recoverable damages from your accident and injuries to ensure you receive adequate compensation
- Completing and filing all necessary paperwork to file a lawsuit if necessary
If your case goes to trial, a rare occurrence for motorcycle accident cases, our firm’s motorcycle accident lawyer in Carrollton will prepare for court and represent your best interests in the courtroom. Several factors can complicate these cases, and having a legal representative is the best defense.
Laws Impacting Motorcycle Accidents In Georgia
In Georgia, motorcycle insurance requirements mostly benefit parties other than the motorcyclist, but knowing these requirements ensures you are complying with the law. Additionally, understanding the statute of limitations for filing a lawsuit can significantly impact your ability to recover compensation.
Motorcycle insurance requirements in Georgia
Georgia mandates specific minimum coverage levels for motorcycle insurance to ensure financial responsibility in the event of an accident:
- $25,000 in liability insurance for injuries or death of one person in a single accident
- $50,000 in liability insurance for injuries or death of all persons involved in a single accident
- $25,000 in liability insurance for property damage resulting from a single accident
These mandated coverage levels protect both riders and other parties involved in accidents. However, since Georgia uses a fault-based system to govern auto accident cases, motorcycle riders injured in an accident will need to file a claim with the at-fault party’s insurance provider to receive financial compensation for physical and emotional damages, such as the cost of medical expenses, lost income, property damage and pain and suffering.
Deadline to file a motorcycle accident claim
The statute of limitations in Georgia is two years for a motorcycle accident claim. That means you have two years from the day the accident occurred to file a lawsuit against the party responsible for your accident, seeking compensation for injuries, property damage or other losses. Working with our firm’s Carrollton motorcycle accident lawyer ensures you meet all deadlines without mistakes that could delay your claim.
Note that adhering to this two-year statute is vital. Failing to file a lawsuit within this timeframe can result in you forfeiting your right to seek compensation through the legal system, leaving you no choice but to accept whatever offer the insurance company provides. Unfortunately, insurance adjusters sometimes use bad faith tactics, such as giving lowball settlement offers or denying valid claims, to diminish the insurance company’s responsibility.
Taking swift action in both filing an insurance claim and, if necessary, pursuing a lawsuit is essential to protect your rights and interests after an accident. Time can make evidence less reliable. Fading memories can negatively impact eyewitness testimonies, and investigations at the scene will produce little evidence after an extended period.
Determining and Proving Fault for a Motorcycle Accident Claim
Determining fault in a motorcycle accident case calls for thoroughly examining the surrounding circumstances. Eyewitness testimonies can play a pivotal role in establishing liability. Individuals who witnessed the accident can provide valuable insights into the events leading up to the collision. Their accounts help establish a timeline that you can sometimes further validate with the accident’s police report.
Investigating officers often compile accident reports. These documents outline their finding and observations, including any traffic violations or negligence on the part of the involved parties. They may also document physical evidence. Skid marks, vehicle damage and the accident scene can offer substantial clues about how the collision occurred and who is responsible. All these elements should help prove the existence of negligence that is required to win a civil case.
Components of negligence
The three points of a negligence claim include:
- Duty of care: You must prove that the driver who caused your accident failed to act with reasonable safety on the road.
- Breached duty of care: Violating traffic laws, such as running red lights and speeding, constitutes a breach of the duty of care.
- Causation: You must prove a direct link between the other party’s breach of duty and your accident and injuries.
To have a personal injury claim, you need to account for your damages. Your accident must result in provable financial, physical or emotional damages to qualify for compensation.
Contact a Carrollton Motorcycle Accident Lawyer at Moffitt Law, LLC
If you suffered an injury or lost a loved one in a motorcycle accident, contacting our firm’s Carrollton motorcycle accident lawyer is the first step in securing the financial compensation you deserve. We understand the devastation these case can cause victims and their families. To combat that injustice, we fight to protect your rights and secure a fast and fair settlement. Contact Moffitt Law, LLC, in Carrollton, Georgia, to schedule your free consultation today.