The Facts About Motorcycle Accidents
Motorcyclist have to be extremely careful because their are so many irresponsible drivers on the road. When a the driver of a care negligently crash into a motorcyclist, the motorcyclist will usually suffer the most serious injuries. If a careless driver crashes into your motorcycle, then you may be entitled to receive compensation. The driver who negligently causes an accident may be held responsible for your medical bills, lost wages, and damage to your bike. They may also be held responsible for your future lost wages if you are unable to work because of your injury.
In Georgia, there are laws called statutes of limitation which limit how long you have to bring a lawsuit after you get hurt. For a motorcycle crash, you have two years to file a lawsuit for a personal injury resulting from the crash. However, that does not mean that you should wait to hire a lawyer. As with all lawsuits, matters of proof are crucial in motorcycle accident cases. The longer you wait, the harder it becomes to gather evidence for your case. You need to start preserving evidence for your case as soon as possible. You do not need to gather evidence by yourself. We will tell you what evidence is important to your specific case and help you to investigate. Here are some of the important types of evidence in a motorcycle accident case:
- Your own memory. We tell our clients down everything that they can remember about the crash. Even small details can be important to prove the defendant’s liability. But, over time your memory can fade, so it’s best to write down everything that you can remember.
- Witnesses. Try to get the names and phone numbers of any witnesses to the accident. The testimony of an impartial third party can be very helpful.
- Photographs. Photographs can express things that words cannot. Take pictures of everything, including your own injuries. Don’t get your motorcycle repaired until you take pictures of the damage
- Police reports. Police reports provide a wide range of valuable information about the crash.
- Proof of lost earnings, such as an employer’s letter.
- Medical reports. Don’t wait to go to the doctor! Documentation of injuries will be a key element in proving your case. The absence of documentation of your injuries can reduce the value of your case. Some victims put off going to the doctor because it is expensive. You should seek medical attention as soon as possible for both your own health and the strength of your case.
- Repair bills or estimates. These will be used to calculate the damages to your motorcycle.
Never speak to a representative of the Defendant’s insurance company without talking to a lawyer first. The insurance company will tell you that the information they want from you is “routine”. Don’t believe them. The insurance company does not have your best interests at heart. Anything that you say to them could be used against you later in litigation. The insurance company has a financial incentive to avoid paying your claim. It is also possible that the insurance company will try to blame you for the accident and refuse to give you fair compensation. In Georgia, the value of your case is reduced if you are partially at fault. For example, if a jury finds that the accident was 20 percent your fault, then you will only be able to recover 80 percent of your damages from the defendant. Insurance companies will often argue that the accident was your fault because you were speeding or for some other reason.
Getting a fair settlement for your case often requires preparing it for trial. If you an unrepresented by a lawyer, the insurance company may tempt you with a lowball offer to settle your case. In exchange, they will expect you to forfeit any future claims against the insurance company. The insurance company’s first offer virtually never their best. It is our policy to file the lawsuit before we even start to negotiate with the insurance company. By filing suit and building a case against the insurance company, it is far more likely that they will offer you full compensation for your injury. But if they are not willing to settle, we are willing and able to go to trial on your behalf.