Henry County Motorcycle Accident Lawyer
Motorcycle accidents can cause significantly more damage and more serious injuries than accidents involving only cars or trucks. The fault for these accidents can often lie with the driver of the larger vehicle because they do not see the motorcyclist.
If you have been injured or involved in a motorcycle accident that was the result of another driver’s carelessness, you may be entitled to compensation. You may need the help of a Henry County motorcycle accident lawyer to pursue financial recovery on your behalf. A seasoned motorcycle accident attorney could help you understand your post-accident rights and responsibilities.
Proving Negligence
To recover damages in a motorcycle accident in Henry County, the injured party must prove the defendant breached their duty of care by failing to use the level of caution that a reasonable person would use in the same circumstances. The claimant must also prove the other driver’s negligence caused the accident and that the accident was the actual and proximate cause of their injuries.
To prove negligence, there must be a “preponderance of the evidence,” or convincing evidence showing that the other driver acted recklessly. This behavior could include:
- Changing lanes without warning
- Speeding
- Driving between lanes of traffic
- Passing into a lane occupied by another vehicle
- Driving while tired or distracted
- Driving under the influence of drugs or alcohol
Determining Fault Through Comparative Negligence
To assign fault, Georgia follows a comparative negligence rule, which means the defendant could reduce the number of damages for which they are liable by proving that the other party’s actions also contributed to causing the accident. A defendant could prove one party was 50 percent or more at fault for the accident, meaning a plaintiff would be barred from recovery.
To avoid a potential reduction in the plaintiff’s reward amount, a Henry County motorcycle accident lawyer could provide valuable assistance. Skillful lawyers experienced with negotiating and arguing with the defendant’s claims could help a plaintiff achieve a favorable outcome instead of having their potential compensation reduced.
Compensatory Motorcycle Damages
Once a Henry County motorcycle accident lawyer establishes that the other driver caused the accident through their negligence, an injured individual could recover compensatory damages for physical injury, property damage, or even lost wages. Depending on the circumstances, the comparative negligence standard must also be considered in the calculation of the damage award.
For example, a jury may establish that one driver drove between lanes of traffic into another car and may also establish that the other driver was speeding. The jury may, therefore, determine the first driver was 70 percent responsible for the crash and the driver who was speeding was 30 percent responsible for the crash. The plaintiff may then collect a financial award that is reduced by 30 percent.
Talking to a Henry County Motorcycle Accident Attorney
Regardless of whether you were partially at fault for a motorcycle accident, a Henry County motorcycle accident lawyer could help you establish a strong case against the party responsible for your injuries. A lawyer could help you prove that the other driver drove recklessly and breached their responsibility to watch out for others on the road. Call today to review your legal options and seek a fair compensation for your damages.
