Motorcycle Accidents
Persons on motorcycles are 26 times more likely to suffer a wrongful death in a motorcycle accident than a passenger in a car. In 2002, motorcyclists involved in motorcycle accidents accounted for 8 percent of the total traffic fatalities, 9 percent of all occupant fatalities, and 2 percent of all occupants injured. Despite these statistics related to motorcycle accidents, motorcycles were only 2 percent of all registered vehicles and represented only 0.3 percent of all vehicle miles traveled. This information regarding motorcycles and motorcycle accidents is from the National Center of Statistics and Analysis. Of course, a person only needs to speak with an experienced motorcyclist to understand the risks encountered by a motorcycle involved in a motorcycle accident. If you wish to discuss your motorcycle accident claim with an Atlanta lawyer handling motorcycle accidents without any charge or obligation, click here.
Motorcycle accidents very often occur because automobile drivers are not vigilant in looking out for motorcycles. This is true despite the numerous safety precautions taken by motorcyclists to avoid motorcycle accidents. As the statistics indicate, in a motorcycle accident, the motorcycle generally loses the battle with the car or truck. Unfortunately, motorcycle accidents are very common on roadways and interstates today. Investigation of motorcycle accidents is generally complicated by the inherent bias which often exists with many police officers and the public against motorcycles.
Motorcyclists frequently suffer severe, debilitating and permanent injuries when involved in motorcycle accidents. These injuries often result in significant financial losses to the individuals involved in the motorcycle accident and their families. Fortunately, Georgia law provides an injured motorcyclist with the right to recover his or her damages from the party who caused the motorcycle accident. The damages recoverable due to a motorcycle accident generally include, but may not be limited to, medical expenses, lost wages, funeral expenses and other economic losses. In addition, motorcyclists injured in motorcycle accidents are entitled to financial compensation for the pain and suffering they have endured. The spouse of the person injured in the motorcycle accident is also entitled to recover for the loss of the companionship and services of his or her spouse. While a monetary recovery will never repair the damage which is done to the motorcyclist, it will lessen the financial burdens caused by the motorcycle accident.
The insurance company for the driver of the automobile or truck will immediately start an investigation of the motorcycle accident. It is the responsibility of the insurance company to limit the recovery of the person injured in the motorcycle accident to the lowest possible amount. Therefore, these companies have established elaborate procedures to address motorcycle accident claims, especially in the early stages of the claim.
Shortly after a motorcycle accident, the insurance company generally takes recorded statements from the drivers involved in the motorcycle accident as well as witnesses; have the motorcycle and auto carefully examined; have photographs taken of the motorcycle, auto and motorcycle accident scene; obtain the police report on the motorcycle accident; and, seek to establish the level of the injuries suffered in the motorcycle accident. These items are usually completed within the first few days after the motorcycle accident and many of them within 24 hours after a motorcycle accident. If you wish to discuss your motorcycle accident claim with an Atlanta lawyer handling motorcycle accident matters without any charge or obligation, click here.
The tactics of insurance companies in handling motorcycle accident claims vary between companies. However, often insurance companies seek to reach a quick settlement of motorcycle accident claims. Their purpose is to avoid future responsibility for medical expenses, lost wages and other damages that were likely caused by the motorcycle accident. A motorcyclist injured ina a motorcycle accident should avoid this trap. Persons injured in a motorcycle accident very often are not fully aware of the extent of their injuries until months after the accident. At that point, the motorcyclist may need surgery or other treatment due to injuries caused by the motorcycle accident.
Injuries caused by motorcycle accidents may cause a person to be permanently disabled even after surgery. Accordingly, the actual value of a claim from a motorcycle accident can only be properly assessed after a physician or other medical professional has established a firm prognosis. In Georgia, most, but not all motorcycle accident cases, have a two-year period of time in which to file a lawsuit. Therefore, generally there is no need to rush to settle with the insurance company for injuries caused by a motorcycle accident. A person injured by a motorcycle accident will only regret the settlement later when his or her injuries become progressively worse.
Other significant issues often develop for persons injured in a motorcycle accident. For example, if a health insurance company pays for the injured person's medical bills caused by the motorcycle accident, they will often seek reimbursement from the settlement with the at-fault driver. However, there are significant limitations on the right of the health insurance company to obtain reimbursement from the proceeds of a motorcycle accident settlement.
Likewise, if the motorcyclist was on the job when the motorcycle accident occurred, the worker's compensation insurance company for the employer will try to obtain reimbursement of their payments. Once again, there are significant limitations on the right of these insurance companies to collect reimbursement from the motorcycle accident settlement. It is important to fully understand these reimbursement issues prior to agreeing to any settlement of your motorcycle accident claim. If you wish to discuss your motorcycle accident claim with an Atlanta lawyer handling motorcycle accidents matters without any charge or obligation, click here.
In Georgia, vehicle owners are required to maintain liability insurance coverage for auto and motorcycle accidents. The minimum requirements for bodily injury auto liability insurance coverage are $25,000.00 per person and $50,000.00 per auto or motorcycle accident. Of course, these insurance limits are often insufficient to compensate the injured person, thereby requiring the person injured in the motorcycle accident to explore other insurance coverage available to the responsible driver.
The driver who caused the motorcycle accident may be covered by insurance policies of family members, an employer, rental car company or from an "umbrella" policy. Further, unknown persons or entities may also have responsibility for the motorcycle accident. For example, if the roadway or traffic light was defective, a government agency may be responsible for the motorcycle accident. In addition, your own insurance policy may provide additional insurance coverage for your injuries from a motorcycle accident.
Determining the proper value of a claim for serious personal injury caused by a motorcycle accident is complicated. This assessment involves evaluating the nature and extent of the injury, the financial losses that are recoverable, and the liability issues pertaining to the motorcycle accident. In addition, the location where a trial will occur and any prior injuries suffered by the motorcyclist are issues relevant to the evaluation of a motorcycle accident injury claim.
Insurance companies are extremely experienced in evaluating injury claims arising from motorcycle accidents and will always seek to make the lowest possible payment. Accordingly, it is important to retain an attorney or lawyer with considerable experience dealing with motorcycle accidents as well as insurance companies. Generally, it is best to retain an Atlanta motorcycle accident lawyer or attorney who regularly handles motorcycle accident claims. Your attorney or lawyer must be ready to file a lawsuit if the insurance company is unwilling to settle your motorcycle accident claim for a fair value.
If you wish to discuss your motorcycle accident claim with an Atlanta lawyer handling these matters without any charge or obligation, click here.