Motorcycle Accidents Attorney in Atlanta, Georgia
In Georgia, riding a motorcycle is among the ways to enjoy the scenic views, picturesque landscape, and beautiful skyline. Unfortunately, the negligence of other drivers and road users often exposes motorcyclists to a number of accidents and injuries. If you or a loved one were hurt in a motorcycle accident caused by a negligent party, you are within your rights to seek fair compensation by filing an injury claim.
At Kyle H. Jarzmik Law, I'm dedicated to offering experienced legal counsel and compassionate representation to clients in motorcycle accident claims. As an experienced Georgia personal injury attorney, I can enlighten you about your possible options to recover damages. Also, I have the resources to protect your legal rights and help you hold those responsible for your injuries accountable. I proudly serve clients in Atlanta and throughout the state of Georgia, including Fulton County, Cobb County, Dekalb County, Gwinnett County, Forsyth County, Douglas County, Coweta County, Carroll County, Lawrenceville, and Cumming.
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Steps to Take If You Were in a Motorcycle Accident
The period immediately after a motorcycle accident can be difficult and unsettling. Generally, the steps you take — or do not take — can significantly affect the outcome of your injury claim. Therefore, when involved in a motorcycle accident, you should take these steps whenever possible:
Remain calm and get yourself to safety.
Call 911 to seek immediate medical attention for your injuries and others.
Report the accident to the police.
Collect and document relevant information from the other parties involved, such as their names, phone numbers, addresses, insurance information, and license numbers.
Document available evidence, including police reports, accident scene pictures, and testimonies and statements from witnesses.
Document your medical expenses, including doctor's appointments, medical treatments received, and therapy sessions.
Document your personal account of the accident as well as its impact on your daily life and work.
Notify your insurance provider about the incident.
Hire an experienced lawyer to help file your personal injury claim, negotiate a fair settlement with the insurer, or take additional legal action, if necessary.
Most importantly, you need to act immediately to avoid losing vital documentation or forgetting relevant information. A knowledgeable Georgia motorcycle accident attorney can enlighten you about the state laws that affect motorcycle riders and determine how to proceed with your injury claims.
Georgia Motorcycle Laws
Here are some laws that apply to motorcycle riders in Georgia:
Lane splitting is the practice of riding a motorcycle in between lanes of vehicles moving in the same direction. In the state of Georgia, lane splitting is prohibited.
Under Georgia law, all motorcyclists, including their passengers, are required to wear a helmet when operating or riding a motorcycle. Also, the motorcycle helmet must meet the USDOT's safety standards for helmet certification.
If the motorcycle doesn't have a windshield, the operator and passenger must wear an eye-protective device approved by the commissioner of public safety when riding.
Under Georgia law, a passenger may only ride on a motorcycle that is designed to carry more than one person. Also, the motorcycle must have a seat and footrests attached or designed for the passenger.
Determining Fault in Georgia
Georgia is an "at-fault" insurance state. This means that the person who caused the motorcycle accident (the at-fault party) will hold financial liability for medical expenses, property damages, and other accident-related losses suffered by the injured victims. To pursue damages, the motorcycle accident victims can:
File a first-party claim with their own insurance company, typically for property damage to their own motorcycle.
File a third-party claim against the insurer of the at-fault party
File a personal injury lawsuit in civil court against the at-fault party
File an underinsured/uninsured motorist claim against their own insurance policy, if applicable.
If you or a loved one was hurt in a negligent motorcycle accident, you need to retain a skilled personal injury attorney immediately. Your lawyer can fight compassionately to protect your legal rights and help you pursue the maximum possible compensation for your injuries.
Modified Comparative Fault in Georgia
In addition, Georgia operates using the "modified comparative fault" rule, with a 50% bar. According to the principle, an accident victim will only be allowed to seek damages if the other party was determined to be mostly (more than 50%) responsible for the motorcycle accident or injury. However, the amount of compensation that may be recovered will be reduced by the claimant's percentage of fault.
Under Georgia's modified comparative fault system, you will be totally barred from seeking damages if you were equally or mostly (50% or more) responsible for the motorcycle accident or injury.
Statute of Limitations
The statute of limitations for personal injury cases in Georgia, including motorcycle accidents, is two (2) years from the date of the injury or accident.
How Legal Counsel Can Help
Being involved in a motorcycle accident can be an overwhelming experience and can affect you physically, emotionally, and financially. Regardless, you don't need to suffer the financial liability and challenges all alone. Therefore, when injured in a negligent motorcycle accident, you need to act quickly and retain an experienced personal injury attorney to protect your legal rights and help pursue the financial justice you deserve.
At Kyle H. Jarzmik Law, I have the diligence, expertise, and resources to help you hold those liable for your damages responsible. With my extensive knowledge of the statutes addressing personal injury cases involving motorcycle accidents, I can help assist you through the often-complicated claims process. As your legal counsel, I will advocate for your best interests and do my best to help you recover fair financial compensation.
Motorcycle Accidents Attorney Serving Atlanta, Georgia
If you or someone close to you were injured in a negligent motorcycle accident, seek fair financial compensation. Contact my firm – Kyle H. Jarzmik Law – today to schedule a simple case assessment. I have the personalized legal guidance, assistance, and compassionate representation you need. My firm is proud to serve clients in Atlanta and throughout the state of Georgia, including Fulton County, Cobb County, and Forsyth County.