Motorcycles are one of the most popular ways to get from one place to another or to enjoy a scenic ride. For all of their popularity, however, there are many risks associated with riding a motorcycle. Unlike standard passenger cars that provide protection from external forces, motorcycles expose the rider and make it easier for them to be ejected from the vehicle upon impact. Also, due to their smaller profile, many drivers of cars who fail to pay adequate attention do not see motorcycles when passing through intersections or changing lanes, resulting in devastating and sometimes even fatal accidents. At Ben F. Windham, P.C., our Macon motorcycle accident lawyer has assisted many victims with seeking the compensation that they deserve after suffering injuries in an unexpected crash.Bring a Negligence Claim Following a Devastating Motorcycle Crash
Knowing the steps to take after being injured in a motorcycle accident can be confusing. The most important priority is to seek prompt medical attention to treat your injuries. After you have been treated, it is helpful to obtain the contact information of any witnesses who were present at the accident and to obtain a copy of the police report prepared after the crash. This helps you file a personal injury lawsuit against the driver who caused your injuries. In the lawsuit, you will need to show that the driver owed you a duty of care and failed to operate their vehicle accordingly.
When it comes to driving, Georgia courts have implied a general duty to drive with the same prudent care and skill that a reasonable driver would use when faced with the same circumstances. This integrates any applicable traffic rules and regulations, such as yielding the right of way, refraining from texting and other forms of distracted driving, and not driving while intoxicated. If you can establish that the defendant breached one of these traffic laws at the time of the crash, you will have a strong argument that the defendant acted negligently because a reasonable driver usually would not violate laws and traffic rules. A dedicated motorcycle accident attorney in Macon or the surrounding areas can assist you with determining whether any traffic violations were involved in your accident.
The next phase of a personal injury case involves showing that the defendant’s failure to use due care was the direct cause of the injuries that you sustained. This is a critical step in the trial and a key reason to hire an attorney rather than going it alone. If the defendant can show that some other factor was the substantial cause of your injuries, you will be unable to recover compensation. This includes any evidence that the plaintiff was also acting negligently and that the plaintiff’s negligent conduct contributed to their injuries. For example, if you were speeding at the time of the crash, evidence of this circumstance can be submitted before the jury, and the jury can apportion a percentage of the fault to you. Any recovery awarded in your favor will be reduced by this percentage, unless you are deemed 50 percent or more at fault for the accident. In this event, you will be barred from recovery completely. Macon motorcycle accident attorney Ben F. Windham can help you gather evidence to defeat or minimize any allegation of comparative fault on your part.
The last stage of a negligence action requires a plaintiff to offer evidence to support the amount of damages that they sustained as a result of the crash. This usually includes medical bills, lost wages, and pain and suffering. In the event that a plaintiff suffers especially serious or permanent injuries, such as in a head-on collision, the plaintiff can seek compensation for estimated future medical care costs and any reduction in earning capacity.Seek Guidance from a Knowledgeable Motorcycle Accident Lawyer in the Macon Area
Ben F. Windham and his team recognize how traumatic an accident can be for a victim and their loved ones. While you are coping with the physical and psychological consequences, we can ensure that your legal rights are asserted to the fullest extent of the law. From gathering evidence to negotiating with insurance companies, we can assist you with all of the phases of your claim while providing prompt and responsive legal counsel. We have proudly served accident victims in Atlanta, Roswell, Alpharetta, Sandy Springs, Stone Mountain, Decatur, Dunwoody, Cumming, Brunswick, and Lawrenceville, as well as other areas in Fulton, DeKalb, Forsyth, Gwinnett, and Glynn Counties. To schedule a free consultation to discuss a personal injury or wrongful death claim, call us now at 1-833-BEN-WINS or contact us online.