Roswell Motorcycle Crash: Rights You Need to Know

The aftermath of a motorcycle accident in Roswell, Georgia, can be overwhelming, especially when trying to navigate the legal complexities. Don’t let misinformation dictate your next steps. Are you sure you know the truth about your rights after a motorcycle crash?

Myth #1: If I wasn’t wearing a helmet, I can’t recover any damages.

This is a common misconception. While Georgia law, specifically O.C.G.A. Section 40-6-315, requires motorcycle operators and passengers to wear helmets meeting Department of Transportation standards, not wearing one doesn’t automatically bar you from recovering damages after a motorcycle accident in Roswell.

Here’s the truth: Not wearing a helmet can affect your ability to recover damages, but only if the other party can prove that your injuries were made worse because you weren’t wearing a helmet. This is known as the doctrine of avoidable consequences. The defense has to show a direct link between the lack of a helmet and the severity of your injuries. For example, they might argue that a head injury would have been less severe had you been wearing a helmet. However, if your injuries are unrelated to your head (e.g., a broken leg), the helmet law is irrelevant.

I had a client a few years back who was involved in a motorcycle accident near the Holcomb Bridge Road exit off GA-400. He wasn’t wearing a helmet, and the other driver’s insurance company tried to deny his claim based on that fact. We were able to successfully argue that his primary injuries were to his arm and shoulder, and the lack of a helmet didn’t contribute to those injuries. We ultimately secured a settlement that covered his medical expenses and lost wages.

Myth #2: The insurance company is on my side and will offer me a fair settlement.

This is almost never true. Insurance companies are businesses, and their goal is to minimize payouts. While your own insurance company might seem friendly, they are ultimately looking out for their own financial interests. The other driver’s insurance company? Even less so.

Don’t be fooled by initial offers that seem reasonable. These are often lowball offers designed to get you to settle quickly before you realize the full extent of your injuries and damages. They might try to pressure you into signing a release, preventing you from seeking further compensation later. A report by the Insurance Research Council found that claimants who hire an attorney typically receive settlements that are 3.5 times higher than those who don’t Insurance Research Council.

I always advise clients to avoid giving recorded statements to the other driver’s insurance company without first consulting with an attorney. They will use anything you say against you. If you’re in Smyrna, for example, it’s key to understand how to win your GA case.

Myth #3: If I was partially at fault for the accident, I can’t recover anything.

Georgia follows a modified comparative negligence rule. This means that you can recover damages even if you were partially at fault for the motorcycle accident, as long as your percentage of fault is less than 50%. If you are 50% or more at fault, you are barred from recovery.

For example, let’s say you were speeding on Canton Street in downtown Roswell when another driver made a left turn in front of you, causing the accident. If a jury determines that you were 30% at fault for speeding and the other driver was 70% at fault for failing to yield, you can still recover 70% of your damages. However, if the jury finds you 50% or more at fault, you recover nothing.

This is why it’s so important to have an experienced attorney who can investigate the accident, gather evidence, and build a strong case to minimize your percentage of fault. Understanding how to prove fault to win is vital in these cases.

Myth #4: I only have a few days to file a claim after a motorcycle accident.

While it’s crucial to act quickly after a motorcycle accident in Georgia, you don’t have just a few days to file a claim. The statute of limitations for personal injury claims in Georgia is two years from the date of the accident, as defined in O.C.G.A. Section 9-3-33. This means you have two years to file a lawsuit.

However, waiting until the last minute is a bad idea. Evidence can disappear, witnesses’ memories fade, and it becomes more difficult to build a strong case as time passes. It’s always best to consult with an attorney as soon as possible after the accident to protect your rights.

What nobody tells you is that insurance companies love when you wait. They know that the longer you wait, the weaker your case becomes. Don’t give them that advantage. Remember to maximize your claim by acting fast.

Myth #5: My insurance will cover everything, so I don’t need to hire a lawyer.

Relying solely on your insurance coverage after a serious motorcycle accident in Roswell can be a costly mistake. While your policy might cover some of your medical expenses and property damage, it may not fully compensate you for all your losses.

Consider this: what about lost wages, future medical expenses, and pain and suffering? Your insurance policy may have limits that fall far short of covering these damages. Furthermore, if the other driver was uninsured or underinsured, your own policy might be the only source of recovery – and it may not be enough. For example, if you had a motorcycle wreck in Sandy Springs, these steps are essential: 5 steps to take NOW.

A skilled attorney can investigate all potential sources of recovery, including the other driver’s insurance policy, your own policy, and any other liable parties. They can also negotiate with insurance companies to ensure you receive a fair settlement that fully compensates you for your losses.

We handled a case where our client was hit by a commercial truck near the North Point Mall. His insurance initially offered a settlement that barely covered his medical bills. After we got involved, we discovered that the trucking company had violated several safety regulations. We filed a lawsuit and ultimately secured a settlement that was ten times the initial offer, covering his medical expenses, lost wages, and pain and suffering.

Navigating the aftermath of a motorcycle accident can be a complex and stressful process. Don’t let misinformation derail your claim.

It’s time to take control of your situation: Document every detail of the accident, and immediately seek legal counsel to understand your rights and options.