Rome Motorcycle Accident Lawyer
Many people are surprised to hear that if they are involved in an accident while riding a motorcycle, they have the same rights to fair compensation as all other motorists. While it is certainly true that motorcycle riders are more vulnerable to harm if they are involved in collisions, they are afforded the same standard of care under the law as all other people.
Despite this fact, defendants’ insurance companies will often try to minimize an injured biker’s damages or even claim that the accident was the plaintiff’s fault. Rome motorcycle accident lawyers deal with the insurance companies so that you do not have to. While you work to get your life back into order, compassionate accident attorneys work to get you the maximum compensation for your injuries.
Motorcycle Accident Laws in Georgia
Like most other civil lawsuits, claims involving motorcycle accidents in Rome are pursued under precedent laid down in common law. Common law is a collection of court rulings, compiled over time, that other courts are bound to follow. One of the major branches of common law is torts.
Torts describe injuries suffered by people under the civil law and the appropriate remedy. The most common tort used to pursue motorcycle accident cases is negligence.
There are five parts of a negligence claim that a plaintiff must prove in order to win their Rome motorcycle accident case. They are:
- Duty – Usually, a person has no legal responsibility to care for the welfare of others. However, in certain situations, the law creates this responsibility. This is known as the duty of care. A prime example is motorists. Whenever a person operates any kind of motor vehicle, they assume a duty to protect other drivers, passengers, and pedestrians. This, of course, extends to motorcyclists
- Breach – If the person who carries the duty of care takes an action that results in another person coming to harm, the duty of care is said to be breached. Common examples of a breach of the duty of care in bike accidents include speeding, improper lane changes, and ignoring stop signs
- Cause – The injuries suffered by the plaintiff must have been caused by the breach of the duty of care by the defendants
- Scope – Any injuries suffered by the plaintiff must have been reasonably foreseeable from the facts of the case
- Damages – The plaintiff must suffer actual physical harm. Whether the harm is to property or one’s body, actual harm is required. Mental anguish can certainly be added to a claim, but is not enough to stand on its own
Accident Statute of Limitations
One other thing to remember is Georgia law concerning the statute of limitations. This is a time limit within which a plaintiff must file his case in court if they wish to prevail. If the case is not filed within this limit, the defendant can make a motion that the case be dismissed.
If the case alleges only losses to personal property, this limit is four years from the date of loss. For cases alleging personal injury and motorcycle accidents in Rome, the limit is shortened to two years.
What a Rome Motorcycle Accident Attorney Can Help
If you have been injured as the result of a motorcycle accident, your focus should be on making a full recovery. The bodily harm and mental anguish can be significant given a biker’s exposed position. Sadly, the defendant’s insurance company can attempt to minimize your injuries or even to place the blame for the accident squarely on your shoulders.
Do not let the insurance companies bully you, contact Rome motorcycle accident lawyers today. They will gather all of the evidence, talk to witnesses, and form strong demand packages to protect your rights and attempt to come to a fair settlement. Using this method, most cases settle short of going to court. However, if a trial is necessary, a litigation team will fight by your side for the fair compensation that you deserve. Take a positive step towards protecting your rights, contact today.
