Motorcycle Accidents

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Georgia Motorcycle Accidents.

Often, motorcycle accidents are caused by a negligent or careless driver. If you or a loved one has been injured or killed in motorcycle accident because of someone else's negligence, you don't have to deal with it alone. I'm attorney Benjamin O. Bengtson, and I represent motorcycle accident victims in Atlanta Georgia and surrounding areas.

Who is at fault in most motorcycle accidents?

It's no secret that there is often bias against motorcyclists. Many people think of motorcyclists as reckless risk-takers and rebels, though most drive safely. Far too often, if a car was involved in the accident, the motorcyclist is assumed to have been at fault, especially by the insurance company of the car driver. Sometimes, even a motorcyclist's own insurance company will assume that the motorcycle rider was at fault! That's just one reason why you need an experienced personal injury accident attorney like me fighting for you.

Though fewer motorcycle accident injuries happen than car accidents, they are much more likely to be fatal, serious or permanent, simply because a motorcyclist is much more vulnerable than the occupant of a car. If another party is at fault for your injury, I will fight for you to make sure that they are held liable.

Sometimes it is very clear that the driver of the other vehicle was at fault in a motorcycle accident. Generally speaking, if the motorcycle accident was caused entirely by the negligent or illegal actions of someone else, then that person is fully at fault. Below are some examples in which the other vehicle driver may be fully or at least partly responsible for a motorcycle accident:

• Bad rear brake lights resulting in a rear-end collision
• Shifting lanes into a motorcycle
• Forcing a slower-moving motorcyclist off the road or into oncoming traffic
• Failure to use a turn signal before turning into the path of motorcyclist who is traveling faster
• Passing a car and forcing a collision with a motorcyclist
• Failing to yield right-of-way to a motorcyclist
• Distracted driving
• Cell phone use
• Rear-ending a motorcyclist
• Poorly maintained road. If your motorcycle accident was caused by a poorly maintained road such as a pothole or the accumulation of sand at a curve, the maintainer of the road may be considered to have been at fault. Though federal, state and local governments usually cannot be sued without consent, sometimes they may grant consent, and still others may have insurance and claims processes that can be utilized. Still others may utilize private contractors who may be found responsible.

Sometimes however, a motorcyclist may be fully or partly at fault. For instance, if the motorcyclist was lane splitting (riding between two lanes of traffic) when the accident happened, that is illegal in Georgia, so the motorcyclist is normally considered to be at fault for that, but if the other party failed to use a turn signal, turned into the other lane too quickly, or was swerving due to intoxication or distracted driving, they could be at fault, too.

However, being partly at fault doesn't necessarily mean a motorcyclist can't receive compensation for his or her loss. If the car or truck driver is found to be at least 50% at fault, then the motorcyclist can still be compensated for the percentage of fault that the other driver is responsible for. The motorcyclist can also receive compensation if the accident would have happened even if the motorcyclist had not broken a traffic law.

Lastly, if the motorcyclist is the only one who is at fault, he or she could still be compensated by an insurance policy that covers the accident. So even if you or your loved one was partly or completely at fault, call me at 404-596-5518 for a FREE legal consultation, and I will gladly advise you. In cases like this, an experienced motorcycle accident attorney can be invaluable in determining responsibility.

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What to Do if You or a Loved One is in a Motorcycle Accident

1. Get Help

• If you or someone else is injured, call for an ambulance right away, or ask someone else to do so.
• Otherwise, call the police and do not leave the scene until they arrive.
• As soon as possible, call me at 404-596-5518.
• Call your insurance company and report the accident.

1. Act Wisely

• Be polite, but do not tell anyone the motorcycle accident was you or your loved one's fault, even if you think it was. There may be factors of which you are currently unaware. For instance, you might assume that you pulled out in front of the other driver, but it could be that he was actually speeding, driving a long way down the turn lane like it was an ordinary lane, had failing brakes, or was driving too fast for conditions.
• Point out to the police officer anything you think he should know.

1. Document the Motorcycle Accident

• Get the name, address, phone numbers, license number, and insurance information of the other vehicle's driver.
• Get the names, addresses and phone numbers of witnesses.
• Take pictures of the vehicles, the accident site, and the conditions.

If you were injured too badly to do any of this, don't worry. We can still build a case for you from the available records, and when appropriate will even dispatch a private investigator who specializes in vehicle accidents to the scene.

Wrongful Death from Motorcycle Accidents

If you are the spouse of someone killed in a motorcycle accident and someone else was at fault, then in the state of Georgia you are entitled to damages amounting to "the full value of the life of the decedent without deducting for any necessary or personal expenses of the decedent had he or she lived." If the spouse is not alive, the surviving children are eligible, and if there are no children, the estate's representative can file a claim. See our Wrongful Death Page for more information.

How Will Using a Motorcycle Accident Injury Lawyer Benefit Me?

Few people realize just how extensive the costs of a motorcycle accident injury can be over time. Some of the most common injuries that result from motorcycle accidents include:

• Anticipated future medical bills
• Pain and suffering
• Bodily injury
• Permanent scarring
• Loss of consortium for spouse
• Current and future work income
• Disability
• Inability to work
• Inability or hindered ability to engage in your favorite sports and hobbies
• Damage to your motorcycle

Call me for a free consultation at 404-596-5518 and I will make sure that justice is served for you or your loved one, and you get the financial compensation you are rightly owed.

How Quickly Should I Call a Motorcycle Accident Attorney?

You should call me as soon as possible. For most motorcycle accidents, the statute of limitations is only 2 years in Georgia. As time passes, the more likely it is that witnesses will forget important facts or move away, accident records could be lost, and evidence could be destroyed or lost. So the earlier I can get to work for you, the better! Call me today at 404-596-5518 for a FREE consultation.