GA Motorcycle Accident Claims: Don’t Lose Your Rights

There’s a surprising amount of misinformation floating around about filing a motorcycle accident claim in Georgia, especially in a city like Savannah. Are you sure you know the truth about your rights after a crash?

Myth #1: If the Police Report Says I Was at Fault, I Have No Case

This is a common misconception, and it can prevent people from seeking the compensation they deserve after a motorcycle accident. Just because a police officer makes a preliminary determination of fault at the scene doesn’t mean it’s the final word. Police reports are often based on initial observations and statements taken shortly after the accident when memories are hazy and emotions are high.

The truth is, even if the police report assigns you some blame, you may still be able to recover damages in Georgia. Georgia follows a modified comparative negligence rule, as outlined in O.C.G.A. § 51-12-33. This means that you can recover damages as long as you are less than 50% at fault for the accident. If you are found to be 49% or less at fault, your compensation will be reduced by your percentage of fault.

I had a client last year who was involved in a motorcycle accident on Abercorn Street. The police report initially blamed him because a witness claimed he was speeding. However, after we investigated, we discovered that the other driver ran a red light. We were able to obtain surveillance footage from a nearby business that clearly showed the other driver’s negligence, and we ultimately secured a settlement for our client. The initial police report was wrong. Remember, you shouldn’t trust the police report completely.

Myth #2: I Can Wait as Long as I Want to File My Claim

This is a dangerous assumption. Time is NOT on your side after a motorcycle crash. In Georgia, the statute of limitations for personal injury cases, including those arising from motorcycle accidents, is two years from the date of the injury. That’s it. If you wait longer than two years to file a lawsuit, you will likely lose your right to sue for damages.

Furthermore, waiting to file a claim can weaken your case. Evidence can disappear, witnesses’ memories fade, and it becomes more difficult to prove the other party’s negligence. Insurance companies are also less likely to take your claim seriously if you delay seeking legal representation.

We always advise our clients to seek legal counsel as soon as possible after a motorcycle accident. This allows us to begin investigating the accident, preserving evidence, and building a strong case on your behalf. Plus, dealing with insurance companies is a major headache. Let us handle that while you focus on recovery. Understanding what’s next is key.

Myth #3: I Don’t Need a Lawyer; I Can Handle the Insurance Company Myself

While you technically can negotiate with the insurance company on your own, it’s almost never a good idea, especially after a serious motorcycle accident. Insurance companies are businesses, and their goal is to pay out as little as possible on claims. They have experienced adjusters and lawyers on their side who are trained to minimize payouts.

Here’s what nobody tells you: insurance adjusters are not your friends. They may seem friendly and helpful, but their loyalty lies with the insurance company, not with you. They may try to trick you into saying things that could hurt your claim, or they may offer you a quick settlement that is far less than what you deserve.

A skilled motorcycle accident lawyer can level the playing field. We understand the law, we know how to negotiate with insurance companies, and we are not afraid to take your case to trial if necessary. We can also help you document your damages, including medical expenses, lost wages, and pain and suffering. It’s important to fight for what you’re owed.

For instance, we represented a client who sustained severe injuries after a motorcycle accident near the Truman Parkway. The insurance company initially offered him $15,000, claiming his injuries weren’t that serious. After we got involved, we were able to gather medical records, expert testimony, and evidence of his lost wages, ultimately securing a settlement of $350,000.

Myth #4: I Can Only Recover Damages for My Medical Bills and Motorcycle Repairs

This is another common misunderstanding. While medical expenses and property damage are certainly important components of a motorcycle accident claim, they are not the only damages you can recover. In Georgia, you may also be entitled to compensation for:

• Lost wages (past and future)
• Pain and suffering
• Emotional distress
• Permanent disability
• Loss of enjoyment of life

Calculating these damages can be complex, especially when it comes to quantifying pain and suffering. This is where a lawyer can be invaluable. We know how to present evidence of your injuries and how they have impacted your life to a jury. We also understand the legal precedents and factors that courts consider when awarding damages for pain and suffering.

Also, be aware that Savannah hospitals like Memorial Health University Medical Center and St. Joseph’s/Candler will likely file liens on your settlement to recover the costs of your medical treatment. We can help you negotiate these liens to ensure that you receive a fair settlement.

Myth #5: If I Wasn’t Wearing a Helmet, I Can’t Recover Damages

Georgia law requires motorcyclists to wear helmets only if they are under the age of 18. If you are over 18 and were not wearing a helmet at the time of the motorcycle accident, it may impact your ability to recover damages, but it doesn’t automatically disqualify you from receiving compensation.

The key question is whether your failure to wear a helmet contributed to your injuries. The insurance company might argue that your injuries would have been less severe if you had been wearing a helmet. However, we can argue that the accident was caused solely by the other driver’s negligence and that your failure to wear a helmet did not contribute to the accident itself. It’s important to prove the other driver’s fault in these situations.

We ran into this exact issue at my previous firm. The client wasn’t wearing a helmet when he was hit by a distracted driver on Victory Drive. The insurance company tried to deny his claim, arguing that his head injuries were exacerbated by his lack of a helmet. However, we were able to demonstrate that the driver’s negligence was the sole cause of the accident and that our client’s injuries were primarily caused by the impact, not the lack of a helmet. We ultimately secured a favorable settlement for our client.

Navigating the aftermath of a motorcycle accident in Savannah, Georgia, can feel overwhelming. Don’t let misinformation stand in the way of your recovery – seek experienced legal counsel to protect your rights. Remember, don’t lose your right to sue.

Don’t let the insurance company dictate your future. Contact a qualified attorney to evaluate your motorcycle accident case and ensure you receive the compensation you deserve under Georgia law.