Athens Motorcycle Accident Claims: Don’t Get Fooled

There’s a shocking amount of misinformation surrounding motorcycle accident claims, especially when you’re dealing with the aftermath of a crash in Athens, Georgia. Separating fact from fiction is vital to securing a fair settlement. Are you ready to learn the truth about what to expect?

Myth 1: “If I was partly at fault, I can’t recover anything.”

This is a dangerous misconception. Georgia follows a modified comparative negligence rule. According to O.C.G.A. § 51-12-33, you can still recover damages even if you were partially at fault for the motorcycle accident. However, your recovery will be reduced by your percentage of fault. If you are found to be 50% or more at fault, you are barred from recovering any damages.

Let’s say you were speeding slightly on Atlanta Highway near the Epps Bridge area when another driver ran a red light and hit you. The jury finds you 20% at fault for speeding and the other driver 80% at fault for running the red light. If your total damages (medical bills, lost wages, pain and suffering) are assessed at $100,000, you would receive $80,000. We had a case like this a few years back, and negotiating that percentage of fault down was crucial to our client’s recovery. Considering fault is key to your case.

Myth 2: “The insurance company will always offer me a fair settlement right away.”

Don’t bet on it. Insurance companies are businesses, and their goal is to minimize payouts. The initial offer is often a lowball offer designed to get you to settle quickly before you fully understand the extent of your injuries and damages. They might act friendly, but they are not on your side.

I cannot stress this enough: never accept the first offer without consulting with an attorney. They know the tricks insurance companies use. For example, they might try to downplay the severity of your injuries based on a quick review of your medical records. Or they might try to argue that your injuries were pre-existing, even if they weren’t. A good attorney will thoroughly investigate your case, gather all the necessary evidence, and fight for a fair settlement that fully compensates you for your losses. It’s important to know what to expect in a settlement.

Myth 3: “Motorcycle accidents are always the motorcyclist’s fault.”

This is a harmful stereotype that often prejudices juries against motorcyclists. While motorcyclists do have a responsibility to ride safely, many motorcycle accidents are caused by the negligence of other drivers. Common causes include drivers failing to see motorcycles, turning in front of motorcycles, or violating motorcyclists’ right-of-way.

A study by the National Highway Traffic Safety Administration (NHTSA) found that in multi-vehicle crashes involving motorcycles, other vehicles are often the primary cause of the accident. According to the NHTSA data, driver error in other vehicles is a significant contributing factor.

I remember one case where my client was rear-ended on his motorcycle at a stoplight on Broad Street in downtown Athens. The other driver claimed he simply didn’t see the motorcycle. Despite this clear negligence, the insurance company initially tried to deny the claim, arguing that motorcycles are inherently dangerous. We had to fight hard to overcome this bias and secure a fair settlement for our client.

Myth 4: “I don’t need a lawyer; I can handle the claim myself.”

While you have the right to represent yourself, it’s rarely the best decision, especially in complex cases involving serious injuries. Navigating the legal system, understanding insurance policies, and negotiating with experienced adjusters can be overwhelming. Plus, studies show that claimants who hire an attorney typically receive significantly higher settlements than those who go it alone.

A report by the Insurance Research Council found that settlements were 3.5 times higher when claimants were represented by an attorney. Why? Because attorneys understand the value of your claim, know how to build a strong case, and are not afraid to take the case to trial if necessary. It’s important to know what settlement is realistic.

Here’s what nobody tells you: insurance companies know when you’re representing yourself. They know you’re less likely to understand the nuances of the law or the true value of your claim. They’re much more likely to try to take advantage of you.

Myth 5: “My motorcycle insurance will cover everything.”

It might not. While your own motorcycle insurance policy can provide some coverage, such as medical payments or uninsured/underinsured motorist coverage, it may not be enough to fully compensate you for your losses, especially if you have serious injuries. Medical payments coverage, for example, typically has low limits. Uninsured/underinsured motorist coverage only kicks in if the at-fault driver is uninsured or has insufficient insurance to cover your damages.

The minimum liability insurance coverage in Georgia is $25,000 per person and $50,000 per accident for bodily injury, and $25,000 for property damage, according to the Georgia Department of Driver Services. If your injuries are severe, $25,000 may not even begin to cover your medical bills, let alone your lost wages and pain and suffering. That’s why it’s important to explore all available sources of compensation, including the at-fault driver’s insurance policy and your own uninsured/underinsured motorist coverage. To understand the potential impact of your injuries, consider how injuries mean for claims.

Remember that case I mentioned earlier, with the client rear-ended on Broad Street? The at-fault driver only had the minimum coverage. We ended up having to pursue an underinsured motorist claim against my client’s own policy to fully compensate him for his injuries and lost wages.

Securing a fair motorcycle accident settlement in Athens, Georgia requires understanding your rights and avoiding common pitfalls. Don’t let these myths derail your claim. Contact an experienced attorney who can guide you through the process and fight for the compensation you deserve.

Don’t let fear or uncertainty prevent you from pursuing the compensation you deserve after an Athens motorcycle accident. Take action today by contacting an attorney for a free consultation and learning about your legal options.