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Villa Rica Motorcycle Accident Lawyer

Riding a motorcycle can be liberating, but it can also be dangerous in the event of a crash. Compared to motor vehicle drivers who are protected by roll cages, airbags, and seatbelts, motorcyclists have very little between them and the open road, which unfortunately means that accidents often result in significant—and sometimes fatal—injuries.

Calling a personal injury attorney and filing a lawsuit may not be the first thing on your mind following a motorbike crash, but it may be an important option if your accident occurred because of someone else’s reckless actions. If you think you may have grounds for a civil case, consider speaking with a Villa Rica motorcycle accident lawyer about your legal options.

Assigning Liability for a Motorbike Wreck

Like any type of car accident, crashes involving motorcycles may serve as grounds for a civil lawsuit if an injured party can prove that someone else was legally negligent. According to state law, negligence is defined based on four criteria:

  1. Duty of care – the defendant owed a plaintiff a duty to act reasonably around them
  2. Breach of duty – the defendant did something reckless or careless which constituted a violation of their duty of care
  3. Proximate cause – the defendant’s breach of duty directly led to an accident
  4. Damages – the accident caused by the defendant’s breach of duty led directly to the plaintiff suffering compensable harm

Everyone on the road has a presumed duty of care to drive carefully and to avoid behaviors that may put others at risk of harm. However, the other elements of legal negligence can be tricky to demonstrate, depending on the circumstances. Proving that a breach occurred and showing proximate cause in a motorcycle accident case are both tasks a skilled Villa Rica attorney could provide significant help accomplishing.

Potential Obstacles to Recovery in Villa Rica

Unfortunately, proving civil liability on the part of another person or entity does not necessarily mean a case will automatically be successful. There are several regulations established under state law that injured motorcyclists need to be aware of that could affect their ability to recover compensation.

For example, partial liability for an accident may be assigned to an injured plaintiff if a civil court determines that they acted negligently to some degree themselves. Specifically, under Official Code of Georgia Annotated §51-12-33, a court may reduce a partially liable plaintiff’s total damages by their assigned percentage of fault. Additionally, this statute establishes that a plaintiff who is 50 percent or more at fault for their accident is unable to recover any compensation at all.

Even if a defendant bears 100 percent of the liability for an accident, they may still be able to avoid paying out compensation if the plaintiff waits too long to file. O.C.G.A. §9-3-33 states that civil plaintiffs have a maximum of two years following the discovery of their losses to file suit for related damages, and that failure to file in a timely fashion may bar a plaintiff from recovery. Given these and other potential obstacles, representation from a knowledgeable lawyer in Villa Rica may be key to maximizing recovery following a serious motorcycle wreck.

Learn More by Calling a Villa Rica Motorcycle Accident Attorney

Motorcycle wrecks often result in far more than just a bad case of road rash. If you suffer serious injuries after being struck on your motorcycle by a negligent driver, you may need dedicated legal representation who could help you recover for all your injuries and losses.

A Villa Rica motorcycle accident lawyer could help with every aspect of your personal injury case. Call today to set up a consultation.