Weaver Law Injury Attorneys can guide you through the claims process when you’re hurt in a motorcycle accident. Motorcycles are a popular way to get around Cumming thanks to the mild weather and scenic roads. But more riders also mean more accidents. If you’ve been hurt in a motorcycle accident, our personal injury lawyers are here to help you get better. Contact us today to schedule a free consultation and find out how we can help you.
Should You Get a Lawyer After a Motorcycle Accident?
Legally, you’re not required to get a lawyer after a motorcycle accident. If it was a small incident with minor injuries, you might not need one. But if you’re dealing with serious injuries or a complicated situation–which is fairly common with motorcycle accidents–having a lawyer can make a big difference. Here’s how our team at Weaver Law Injury Attorneys can help you:
- Investigate the accident to figure out who’s at fault and where your financial support might come from.
- Collect and review evidence to build a strong case and handle all legal responsibilities on your behalf.
- Negotiate with insurance companies to get a fair settlement–and take the case to court if necessary.
Motorcycle accidents can take a heavy toll, both physically and emotionally. Our goal is to handle the legal side so you can focus on getting better. Once you decide you want to file a claim, we’ll take the right steps to move your case forward. As you might expect, the starting point is figuring out who’s responsible for the accident itself.
Who’s Legally Responsible When There’s a Motorcycle Accident?
If you’ve been injured in a motorcycle accident in Cumming, one of the first steps in your claim is figuring out who was at fault. This is known as “establishing liability”–and it’s key to determining who should pay for your damages. To do this, you’ll need to prove that someone else acted negligently and that their actions caused the accident and your injuries.
Even with this, liability isn’t always clear-cut. It all comes down to what actually happened, but usually, the legal responsibility for your damages is going to fall on:
- Other drivers on the road
- Government agencies responsible for road maintenance
- Manufacturers of defective motorcycle parts
- Property owners (if the accident happened on private property)
- Pedestrians or passengers
- Third parties like construction crews or repair shops
Georgia also follows comparative negligence rules. That means if you were partially at fault for the accident–maybe you were speeding or made a risky maneuver–your damages could be reduced based on your share of the blame.
Because of this, and because riding a motorcycle is seen as inherently risky, your behavior at the time of the accident will be closely looked at. Things like riding under the influence, being distracted, not wearing safety gear, or riding aggressively can all impact how much you can recover. That’s why it’s so important to understand what caused your accident and gather strong evidence to support your claim.
What Usually Causes Motorcycle Accidents in Cumming?
Cumming offers scenic rides through places like Sawnee Mountain and along Lake Lanier, but the area’s mix of rural roads, suburban traffic, and fast-growing development can also lead to serious motorcycle accidents. While most of these accidents are preventable, it’s still important to look at the underlying causes:
- Impaired drivers – Drivers under the influence of alcohol or drugs pose a serious risk to you and other motorcycle riders, especially on rural highways and two-lane roads.
- Distracted driving – Like in many places, drivers texting behind the wheel or not paying attention on busy roads can easily overlook you on your motorcycle. This is especially common when a driver makes an unsafe lane change or drifts into you, but this is also among the most common causes of a rear-end collision.
- Intersection accidents – Busy intersections like those near Market Place Boulevard or downtown are high-risk areas, especially when drivers fail to yield or misjudge your speed.
- Left-turn crashes – One of the most frequent causes of serious motorcycle injuries happens when a car turns left across your path, often claiming they “didn’t see you.”
- Dangerous road conditions – Rough pavement, potholes, and loose gravel are especially hazardous on local backroads or in areas under construction. Poor signage or missing guardrails can also increase the risk.
Even in a growing community like Cumming, these risks are real–and knowing what caused your accident is the first step toward holding the right people accountable. From there, though, you’re going to need to actually go through the claims process to get financial support.
How Does the Motorcycle Accident Claims Process Work?
No two motorcycle accidents are exactly the same, but the claims process usually follows a basic structure. No matter where or how your motorcycle accident happens, if you’re hurt because of someone else’s negligence, you can file an injury claim to recover damages. Most of the time, this happens through either:
- Filing an insurance claim
- Filing a personal injury lawsuit
An insurance claim happens outside of court and is usually the first step. It’s less formal and can lead to a faster settlement–but insurance companies usually try to pay as little as they possibly can. If the amount they offer doesn’t cover your medical bills, lost wages, or other damages, you don’t have to accept it. That’s when a lawsuit may come into play.
Filing a personal injury lawsuit takes things into the court system. It can take more time, but it often leads to better results. Our team handles all the legal work–filings, court appearances, and negotiations–so you can focus on recovering. The goal is to get financial support for your losses, also known as damages, which can include costs for your:
- Medical expenses, now and in the future
- Lost income and reduced earning capacity
- Damage to your motorcycle or other property
- Pain and suffering
- Emotional distress or trauma
- Loss of enjoyment of life or companionship
- Funeral and other costs in fatal accidents
Whether you go through insurance or end up in court, you have to file within two years of the date of your accident. This makes it important to act quickly, not just because you have to meet a deadline, but also because this makes it easier to tie your injuries to the accident itself and preserve evidence.
What Should You Do After You’re in a Motorcycle Accident?
Being in a motorcycle accident doesn’t automatically guarantee you’ll receive compensation. To get the financial support you need, your claim has to be backed by strong evidence. Taking the right steps immediately after the crash can make all the difference. Here’s what you should do if you’re involved in a motorcycle accident in the Cumming area:
- Call 911 – If you’re able, move your motorcycle out of the road to avoid further danger. Then call 911 for an ambulance and police response. Having the police respond creates an official accident report, which is a key piece of evidence and EMTs can evaluate your injuries and take care of you at the scene.
- Document the scene – Use your phone to take pictures of the accident scene, any damage to your motorcycle, visible injuries, and anything else that may have played a role–like road hazards, missing signage, or skid marks. If there are witnesses nearby, ask for their names and contact information.
- Be careful with statements – When talking to police or insurance adjusters, stick to the facts and avoid speculation. These conversations can affect your claim. It’s also a good idea to not post about the accident on social media–insurers often look for anything they can use against you.
- Save all your records – Keep copies of everything: medical reports, hospital bills, motorcycle repair estimates, prescription receipts, and communication with insurance companies. These documents help show the true impact of the accident on your health and finances.
Every move you make after your accident can either strengthen or weaken your claim. Insurance companies are skilled at finding reasons to reduce your payout. By taking these steps, you give yourself the best chance of recovering full damages while also focusing on your health and recovery.
Frequently Asked Questions
Do I need a lawyer to file my claim after my motorcycle accident?
No. You’re not required to get a lawyer to file a claim, but having an experienced lawyer can make the process much easier and help you get a fair settlement.
Can I file a claim if I hit a pothole and it causes my accident?
Yes. If a pothole or some road defect causes your motorcycle accident, you can file a claim against whoever is in charge of maintaining the road (usually the city or state government.)
Do I have a time limit to file a motorcycle accident claim?
Yes. In Georgia, you usually have two years from the date of your motorcycle accident to file a claim. If you wait too long and miss this deadline, you may not be able to get any compensation. That’s why it’s important to get started as soon as you can.
Contact Weaver Law Injury Attorneys For a Free Consultation After a Motorcycle Accident in Cumming
While Georgia law treats motorcycle accidents the same as any other kind of accident, they often cause more serious injuries and damage. This can leave you and your family with many questions. At Weaver Law Injury Attorneys, we’re here to answer those questions and guide you through the claims process to help you recover. Contact us today for a free consultation to learn more about your options.
