Newnan Motorcycle Accident Lawyer
When motorcycle riders are involved in a collision with another vehicle, it can be a frightening situation. Bikers are placed in a vulnerable position while riding, that can lead to serious injuries. On top of this, it can take a long time for a person to make a mental recovery after such an accident.
Motorcycle riders are protected by the same legal doctrines enjoyed by all other motorists, and claims for personal injury resulting from other people’s negligence must be respected.
Our firm’s Newnan motorcycle accident lawyers work with clients who have been injured in accidents with both compassion and aggressiveness to obtain the fair compensation that they deserve for their physical and mental injuries.
Elements of a Motorcycle Claim
Most motorcycle accident cases revolve around the legal concept of negligence. This is because most accidents between motorcycles and other vehicles are exactly that – accidents.
While there are certainly cases where a motorcyclist is hit intentionally, the vast majority of these claims are the result of accidental collisions.
Negligence is the idea that certain people owe a legal responsibility to protect others and by an action that they take or fail to take, cause harm to come to that protected party. There are five portions, or elements, that must be met by the plaintiff or their Newnan motorcycle accident lawyer for a successful negligence claim:
- Duty – In certain circumstances, people have a responsibility, or duty, to ensure that others do not come to harm. All motorists have this duty to protect other drivers and pedestrians when they are behind the wheel. This, of course, extends to bikers. Because of this, the duty element is not often contested in a motorcycle accident negligence case.
- Breach – The plaintiff must demonstrate that the defendant’s actions, or lack of actions, caused the defendant to fail in their duty to protect others from harm. Examples of this can be speeding, rear-ending, or improper lane changes. Whether or not the at-fault driver’s actions constitute a breach of the duty of care is often the central issue in negligence cases.
- Cause – It must be proven that the accident was the proximate cause of the injuries; for example, that being knocked off his bike caused the plaintiff to break his arm. Insurance companies will often attempt to argue that the injuries were not caused by the accident, but were pre-existing.
- Scope – The plaintiff must show that the injuries were foreseeable from the defendant’s negligence. This is generally not contested in a motorcycle accident case as collisions between motorcycles and other vehicles are expected to result in significant injury.
- Damages – A plaintiff must be able to show that there are physical injuries resulting from the defendant’s negligence. This can be any condition diagnosed by a doctor, but can also include property damage. Mental injuries, such as pain and suffering, can certainly be added onto the claim, but are insufficient to stand on their own.
Statute of Limitations in Personal Injury Cases
One other thing to keep in mind is that all civil lawsuits have a statute of limitations. In short, this is a time limit that a plaintiff must meet to file his case in court. If the case is not filed within this limit, the defendant can make a motion that the case be dismissed, and the judge will almost always grant this request.
For cases involving only losses to personal property, this limit is four years from the date of loss according to GA Code 9-3-32. Plaintiffs have only two years to file a suit for all cases alleging personal injury under GA Code 9-3-33.
What a Newnan Motorcycle Accident Attorney Can Do for You
Victims in motorcycle collisions have enough to worry about with making a full recovery from their injuries.
Our firm’s Newnan motorcycle accident attorneys assist clients in the recuperative process by submitting required paperwork with insurance companies, gathering evidence from doctors and witnesses, and authoring demand packages in an attempt to settle the case out of court.
Utilizing this aggressive yet steady method, many cases are settled before going to court, but if a lawsuit does need to be filed, our firm’s litigators will guide you every step of the way and stand by your side.
Contact our firm today to see how we can form a comprehensive strategy to get you the compensation you deserve.
