Motorcycle riding is highly fuel efficient, thrilling, and often a more affordable option for many in Georgia. But riding on two wheels through traffic made up of bigger and more solid vehicles offers a much greater risk of accidents. And those accidents have a far higher chance of severe injuries.
Fortunately, injured riders can make use of personal injury claims to recover compensation for those injuries. This article explores the processes and particularities of personal injury claims, including:
- Why and how injured motorcycle riders can get compensation, even if they were not struck by a reckless driver.
- Why you should always wear safety gear (but can still recover damages even if you were not!).
- How insurance companies might treat motorcycle personal injury claims differently.
We’ll start with a case unique to motorcycle riding: getting run off the road. This happens when a driver passes too close to a motorcyclist or does something dangerous, and the rider is forced to fall or leave the road and crash, often without the car even hitting them.
If I Was Run Off The Road And Injured In Georgia, Can I File A Personal Injury Claim Even If The Driver Did Not Hit Me?
Even if the driver did not directly come into contact with you or your vehicle, if their reckless or negligent driving resulted in your accident, they are liable for the personal injury claim.
The problem you will run into, however, is finding that driver. If they speed off and leave the scene, it will be tough to identify and locate them. You will also need at least one, ideally more, witnesses ready to say what happened. Otherwise, it could end up being your word against the driver’s.
Another useful tool available these days is to get a dash camera or GoPro for your motorcycle. The video of an accident or incident can be invaluable in proving someone else’s liability.
So, yes, you can definitely get access to personal injury compensation to get your injuries covered. You have a right and a claim, but you need to have additional proof and witnesses to make it stick.
Will It Hurt My Personal Injury Case If I Was Not Wearing A Helmet Or Other Protection In My Motorcycle Accident?
The State of Georgia requires safety wear and a helmet for all motorcycle riders, including passengers. And given how bad drivers are out there, you would be crazy not to wear them.
Nevertheless, failing to do so will not necessarily hurt your case. The insurance company might argue that your head injury is worse because you are not wearing a helmet. But at the end of the day, if they had not hit or run you off the road, you would not have been injured at all.
Even clients who do not have a valid driver’s license are able to file for personal injury compensation if they are hit by someone else. It might be a harder fight, and you might have to settle for less, but it is a fight Cobb Personal Injury is ready to help you win.
What Common Defenses Are Used By Insurance Companies To Deny Or Limit Settlements For Motorcyclists In Georgia?
Even though insurance companies are supposed to help us cover exactly these sorts of unforeseen accidents and injuries, they will do everything in their power to limit or deny claims.
With motorcyclists, insurance companies will often hold the rider to impossible standards, not just demanding that they wear all the safety equipment, but blaming them if they did not do everything they possibly could to avoid an accident.
If your bike is modified to be darker or faster, they will use those against you as well. Arguing that the modifications to the bike made it more dangerous or helped cause the accident.
Those are the kinds of arguments and strategies insurance companies will use to deny your personal injury claim for compensation. However, we are used to these arguments, and know how to beat them.
What Should I Look For When Hiring A Georgia Motorcycle Accident Injury Attorney To Represent Me?
There are two things you should always look for in a lawyer, no matter what area of law you need their assistance with. The first is expertise and experience with the domain of law you are dealing with.
Thus, you want not just a personal injury lawyer but one who focuses on vehicle accidents and has experience dealing with motorcycle crashes, injuries, and claims.
But you also want someone you can talk to, who you can reach out to, who will be honest with you. Many lawyers will tell clients whatever it is they want to hear just to get them to sign up. Here at Cobb Personal Injury, we prefer to tell our clients the truth from the moment they call us, which is why we have an impeccable reputation and a 100% success rate. For more information on Motorcycle Accident Injury Claims In Georgia, an initial consultation is your next best step.
