Riding on a motorcycle can certainly be a liberating experience, but with that extra freedom comes an increased risk of injury in the event of an accident. Even more so than other motor vehicle drivers, motorcyclists are especially susceptible to traumatic and life-altering injuries in collisions with other vehicles. This is especially true when those collisions stem from the negligent actions of another driver.
If you were recently involved in a crash while riding your motorcycle, you may want to speak with a Macon motorcycle accident lawyer about seeking civil recovery. Injuries caused by motorcycle crashes can lead to severe short-term and long-term losses, and a dedicated personal injury attorney might be able to help you recover fair compensation for each of those losses.
Proving Liability for Specific Losses
Whether someone is driving a motorcycle, a commuter car, or even a commercial truck, they have the same basic rights and responsibilities as everyone else on the road. In legal terms, this responsibility is known as a “duty of care.” If someone breaches that duty by breaking the law, carelessly losing focus on the road, or doing anything else reckless behind the wheel, they could bear civil liability for any injuries and losses they cause through their negligence. This includes not just objective economic losses but also subjective non-economic forms of harm as well.
For example, a motorcyclist who suffers traumatic brain damage after being struck in an intersection by a driver who ran a red light might have grounds to recover for all their medical expenses, the costs of repairing or replacing their bike, any past or future work income they missed due to their injury, and various forms of subjective pain and suffering. A Macon motorbike crash lawyer could discuss what damages might be recoverable in a particular situation and what the best course of action for pursuing recovery would be.
Potential Restrictions on Recovery After a Motorcycle Wreck
Unfortunately, motorcyclists sometimes have an unfair and largely inaccurate reputation for being thrill-seekers, which means they are often accused of being partially to blame for their own accidents. Accordingly, one of the most important parts of a successful motorcycle crash claim is often contesting allegations of comparative fault.
If a court decides that a motorcyclist is partially at fault for the incident that injured them, the court has the authority under O.C.G.A. §51-12-33 to proportionately reduce the compensation available to that motorcyclist based on their percentage of fault. On top of that, O.C.G.A. §51-11-7 prohibits civil recovery altogether for any civil plaintiff found 50 percent or more to blame for their own injuries.
In addition, O.C.G.A. §9-3-33 sets a two-year statutory filing deadline on personal injury lawsuits, meaning that anyone who waits too long to pursue compensation following an accident may be barred from recovering anything, no matter who is at fault. Navigating all these possible legal roadblocks is made easier with guidance from a local motorcycle accident attorney.
Learn More About Your Legal Options from a Macon Motorcycle Accident Attorney
Given the severity of harm that motorcycle crashes can lead to, seeking civil compensation following an accident caused by someone else can be crucial to preserving your future prospects. However, the combination of complicated legal procedures and unjust public opinion can make fair recovery in this type of case difficult to achieve alone.
Fortunately, you do not have to fight for restitution by yourself if you retain a Macon motorcycle accident lawyer. Call today to learn how seasoned legal counsel could help in your situation.