Weaver Law Injury Attorneys helps people in Gainesville when they’re hurt in a motorcycle accident. Facing the possibility of being in one of these accidents is scary, but it does give you legal options. Our experienced team can help you through the process and make sure you have what you need for a strong claim. To get started, contact us today for a free consultation.
Do You Need a Lawyer?
You don’t have to hire a lawyer after a motorcycle accident in Gainesville, but if your accident was serious, getting legal help can be crucial. For minor accidents, you might not need to take legal action, but more serious accidents–especially on a motorcycle–usually mean you’ll need extra support. Here’s how we can help you:
- Investigating the accident and figuring out liability – First, we’ll look into the details of your accident to figure out who is responsible and where your financial support might come from.
- Gathering evidence and negotiating with insurance companies – Next, we’ll gather evidence and handle all the legal work to protect your interests. We’ll also negotiate with insurance companies to make sure you get a fair settlement. If necessary, we’re ready to take your case to court.
- Making things easier – After a motorcycle accident, the physical and emotional impact can be heavy, so our goal is to take care of the legal side of things, allowing you and your family to focus on getting better.
There’s no denying that a motorcycle accident is incredibly difficult. No matter how experienced or confident you are, you can’t account for the actions of others. This is what gives you certain legal options, but it’s important to understand how the process works.
What Legal Options Do You Have After a Motorcycle Accident?
You have the same legal rights after a motorcycle accident as you would with any other accident. Basically, you’re protected against the negligence of other people, which means when they cause your motorcycle accident, you can file an injury claim and recover certain “damages.”
There’s generally two ways you can do this:
- Filing an insurance claim out of court
- Filing a personal injury lawsuit.
An insurance claim is usually outside of court and less formal, which can get you quicker access to a settlement. However, the insurance company will decide how much you get, and they often offer less than you need. You can either accept their offer and close the case or choose to file a lawsuit.
A lawsuit takes more time and effort but could lead to a more fair settlement, which includes your “damages.” A judge and jury will decide the final amount, which usually covers things like:
- Medical expenses
- Lost wages or earning ability
- Pain and suffering
- Emotional distress
- Motorcycle repair/replacement costs
- Loss of companionship or quality of life
- Wrongful death expenses
No matter which option you decide to go with, you have to file within two years of the date of the accident. Miss this deadline, and you can’t recover damages at all–no matter how strong your claim is.
Who’s Legally Responsible For a Motorcycle Accident?
The legal responsibility for a motorcycle accident might not seem confusing, but when you stop to think about all of the various factors involved, it can quickly become complicated. The most important factor in liability is negligence. This means that:
- Someone had a duty to act in a way that keeps you and others safe, but they failed to do so and it resulted in your accident and injuries.
While this sets the legal standard for liability, in real-world motorcycle accidents, it usually falls on multiple of the following:
- Other drivers involved
- Government agencies in charge of road maintenance
- Manufacturers of faulty parts
- Property owners
- Passengers or pedestrians
- Third parties like repair shops or construction crews
Also, keep in mind the idea of “comparative negligence.” If you share some of the responsibility for the accident, the amount of money you can recover may be reduced based on how much fault you hold. Further, if you’re more than 50% at-fault, you can’t file an injury claim.
So obviously, your actions while riding, like speeding, being distracted, riding under the influence, not wearing protective gear, or making aggressive maneuvers, could impact your claim. That means it’s important to understand what led to the accident and how to strengthen your claim.
How Can You Strengthen Your Motorcycle Accident Claim?
Unfortunately, just being in a motorcycle accident and filing a claim doesn’t mean you automatically get damages. You have to put together a strong claim with good evidence. In order to do that, here’s what you should do right after the accident:
- Call 911 – The first thing you should do is move your motorcycle off the road if you can. This helps prevent any further accidents. Once you’re out of danger, immediately call 911 to report the accident to emergency services and police. This will also create an official record of the incident.
- Document the scene – Take pictures of the scene, the damage to your motorcycle, and any visible injuries. Talk to any witnesses and ask for their contact information. If there are traffic signs or road conditions that contributed to the accident, be sure to get those as well. This evidence will be crucial for your case.
- Get medical care – Even if you feel okay after the accident, it’s important to see a doctor. Sometimes injuries from motorcycle accidents don’t show up right away. By getting treated by EMS at the scene and following up with your doctor, you create a link between the accident and your injuries.
- Keep records – Keep track of all documents related to the accident, such as medical bills, treatment plans, repair estimates for your motorcycle, and any insurance communications. These documents will help support your claim and show the impact the accident had on your life.
- Be cautious – Be careful when speaking with police or insurance companies. They may ask questions designed to minimize your payout, so it’s always best to consult with our team before providing a detailed statement. Also, keep from posting about the accident on social media, as your posts could be used against you later.
- Cooperate with investigations – If the police or insurance investigators contact you, provide them with accurate and simple information. Don’t speculate or provide too much detail that could be misinterpreted.
Remember, every step you take after the accident, or fail to take, can affect the outcome of your claim. Insurance companies are often looking for ways to reduce your payout, so following these steps not only helps with your legal case but also ensures you focus on healing.
What Causes Motorcycle Accidents in Gainesville?
Riding a motorcycle in Gainesville can be exciting, but it also has its risks. Here are some common causes of motorcycle accidents in the area:
- Drunk drivers – Drivers under the influence can react slowly and make poor decisions, which can put motorcyclists at risk.
- Distracted drivers – Drivers who are texting or talking on the phone may not notice motorcyclists, especially on busy roads like Cleveland Highway or Dawsonville Highway.
- Bad road conditions – Potholes, cracks, and debris can be dangerous for motorcyclists because they have less stability than cars. Gainesville’s roads sometimes have these issues, so it’s important to stay alert.
- Construction zones – Roadwork around Gainesville can cause detours and uneven roads, which can increase the risk of accidents for motorcyclists.
- Intersections – Accidents are more likely to happen at intersections, especially in busy areas like Downtown Gainesville, where drivers may not see motorcyclists or fail to yield.
- Left-turning vehicles – Drivers turning left can misjudge how fast a motorcycle is approaching, which is common on roads like Browns Bridge Road or Jesse Jewell Parkway.
Motorcycle accidents in Gainesville can affect your health, emotions, and finances. Understanding what causes them can help you recover and stay safe on the road.
Frequently Asked Questions
What’s the deadline for filing a claim after a motorcycle accident?
In Georgia, you have two years from the date of your accident to file a personal injury claim. After two years, you may lose your right to file a lawsuit, so it’s best to take action quickly.
What if the driver who hit me leaves the scene?
If the driver leaves the scene (hit-and-run), try to remember details like the car’s make, model, color, and any part of the license plate. Tell this to the police right away. Even if the driver isn’t found, you can still file a claim with your own insurance to help cover medical costs and damage to your bike.
Can I still file a claim if I’m not wearing a helmet?
Yes, you can still file a claim if you weren’t wearing a helmet. You always should wear a helmet, but even if you’re not, it doesn’t factor into someone else’s negligence, which is the determining factor of fault.
Work with Experienced Gainesville Motorcycle Accident Lawyers
If you’ve been in a motorcycle accident in Gainesville, our team at Weaver Law Injury Attorneys is ready to help. We have the experience and resources to guide you through the claims process while you focus on healing. If you or a loved one has been hurt in a motorcycle accident, contact us today for a free consultation. We’re here to support you every step of the way.
