Roswell Motorcycle Crash? Know These GA Rights First

Motorcycle accidents in Roswell, Georgia, can be devastating, and unfortunately, misinformation often adds to the confusion and stress. Many people operate under false assumptions that can jeopardize their rights and ability to recover fair compensation. Are you sure you know the truth about what to do after a motorcycle crash?

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

This is a common misconception, but it’s simply not true. While Georgia law (O.C.G.A. § 40-6-315) does require motorcycle riders and passengers to wear helmets, failing to do so doesn’t automatically bar you from recovering damages after a motorcycle accident. It can affect your claim, but the extent to which it does depends on the specific circumstances.

Here’s how it works: the insurance company might argue that your injuries were more severe because you weren’t wearing a helmet. They might try to reduce the amount they pay you based on this argument. This is called the “avoidable consequences” doctrine. However, they have to prove that your injuries would have been less severe had you been wearing a helmet. We had a case last year where the insurance company tried to argue this, but we were able to present medical evidence showing that the client’s head injury was caused by the impact with the other vehicle, not the lack of a helmet. We successfully countered their argument, and the client received a fair settlement.

Myth #2: The police report is the final word on who was at fault.

While a police report is an important piece of evidence after a motorcycle accident, it’s not the definitive answer on fault. The investigating officer’s opinion is just that – an opinion. It’s based on their observations at the scene, witness statements, and the evidence they collected. However, it’s not a judgment made in a court of law.

I’ve seen plenty of cases where the police report initially assigned fault to the motorcyclist, but further investigation revealed that the other driver was actually responsible. This often happens because drivers involved in accidents tend to downplay their own role, and police officers don’t always have the time or resources to conduct a thorough investigation. We can conduct our own independent investigation, gathering additional evidence like surveillance footage, witness interviews, and expert analysis of the accident scene. Don’t assume the police report tells the whole story. I’ve seen firsthand how a seemingly unfavorable police report can be overturned with the right evidence and legal strategy.

Myth #3: I can handle the insurance claim myself and save money.

Sure, you can handle the insurance claim yourself, but is it the wisest decision? Insurance companies are businesses, and their goal is to pay out as little as possible. They have experienced adjusters whose job is to minimize payouts. They might seem friendly and helpful, but don’t be fooled. They’re not on your side.

Navigating the complexities of a Georgia insurance claim can be challenging, especially while you’re recovering from injuries. Do you know how to properly document your damages, including medical bills, lost wages, and pain and suffering? Do you know how to negotiate effectively with the insurance adjuster? Do you understand the relevant Georgia laws and regulations? If not, you’re at a significant disadvantage. A lawyer experienced in Roswell motorcycle accident cases can protect your rights and ensure you receive fair compensation. We understand the tactics insurance companies use and know how to build a strong case on your behalf. In fact, studies show that people who hire attorneys often receive significantly higher settlements than those who try to go it alone. According to the Insurance Research Council IRC, settlements are 3.5 times larger when an attorney is involved.

Myth #4: If I was partially at fault, I can’t recover anything.

This is another common misconception. Georgia follows the rule of “modified comparative negligence.” This means that you can still recover damages even if you were partially at fault for the motorcycle accident, as long as your percentage of fault is less than 50%. However, your recovery will be reduced by your percentage of fault. For example, if you are found to be 20% at fault, you can still recover 80% of your damages.

Determining fault can be a complex process. The insurance company will try to assign as much fault as possible to you to reduce their payout. We can investigate the accident, gather evidence, and build a strong case to minimize your percentage of fault. We recently represented a client who was involved in a motorcycle accident at the intersection of Holcomb Bridge Road and GA-400. The insurance company initially claimed our client was 40% at fault. However, after we presented evidence from the accident scene and expert testimony, we were able to reduce our client’s fault to 15%, significantly increasing their recovery.

Myth #5: I have plenty of time to file a lawsuit.

Don’t make this mistake! In Georgia, there’s a statute of limitations for filing a personal injury lawsuit. Generally, you have two years from the date of the motorcycle accident to file a lawsuit (O.C.G.A. § 9-3-33). If you miss this deadline, you lose your right to sue. While two years might seem like a long time, it can pass quickly, especially when you’re dealing with medical treatment, recovery, and other challenges. It’s best to consult with an attorney as soon as possible after a motorcycle accident to protect your rights and ensure you don’t miss the deadline. Gathering evidence, interviewing witnesses, and building a strong case takes time. Don’t wait until the last minute. I can’t tell you how many times I’ve had to turn away genuinely injured people simply because they waited too long, and the statute of limitations had already expired.

If you’re wondering how much you can really get after a motorcycle accident in Georgia, it is best to speak with an attorney. Also, remember that proving fault is key, as outlined in GA Motorcycle Accidents: How to Prove Fault & Win.

Don’t let misinformation cloud your judgment after a motorcycle accident. Understanding your legal rights is the first step toward protecting yourself and recovering the compensation you deserve. Time is of the essence, so don’t delay seeking legal advice.