Motorcycle accidents are potentially devastating for victims. The innocent motorcyclist is subjected to often painful injuries, long recovery, and expensive medical bills. While insurance exists, the adjustor might just try to swindle a victim into taking less amounts. This is where the most complex aspect of such an accident comes in – Fault.
The experts at LawBike have come across many cases where motorcyclists have unwittingly been tricked into accepting fault. Others are faced with stigma purely because they chose to ride a bike. If you’re dealing with such a scenario, here’s what you need to know about Fault…
Determining Liability
Determining liability in a motorcycle accident is the cornerstone of any legal claim. In Atlanta, fault is typically established based on the principles of negligence. This means proving that one party failed to exercise reasonable care, leading to the accident. Georgia follows a modified comparative negligence rule, where a party can recover damages only if they are less than 50% at fault. Consequently, if a motorcyclist is found to be partially at fault, their compensation will be reduced by their percentage of fault.
Investigating The Accident
Thorough investigation is key to establishing fault in a motorcycle accident. This process involves collecting and analyzing various forms of evidence, such as police reports, witness statements, and accident scene photos. Expert lawyers will also consider traffic camera footage and employ accident reconstruction specialists if necessary. These steps are crucial in building a strong case.
Calculating Damages
Calculating damages in a motorcycle accident case extends beyond immediate medical expenses. It includes future medical costs, lost wages, and compensation for pain and suffering. In Atlanta, economic and non-economic damages are both recoverable, and an experienced lawyer will work to ensure that all potential damages are considered. They will often collaborate with medical experts, economists, and vocational specialists to provide a detailed and substantiated claim.
Negotiating the Claim
Once liability is established and damages are calculated, the next step is negotiating the claim. Insurance companies often attempt to minimize payouts, making negotiation a critical phase of the process. Skilled lawyers advocate on behalf of the motorcyclist, leveraging the gathered evidence and expert testimonies to push for a fair settlement. Their experience in dealing with insurance companies is invaluable, as they can navigate the tactics used by insurers to devalue claims.
Once the fault has been clarified, any motorcycle accident case can proceed smoothly. Remember, if you know you’re innocent, never let anyone blame you and your motorcycle! Focus on recovering, and rest easy knowing that your expert lawyers will get you the compensation you deserve!
