Many Georgians ride their motorcycles on the crowded roads of Fulton County, and especially in Roswell, unaware that they might soon need the services of a Roswell, GA, motorcycle accident lawyer. Unfortunately, some contribute to the dire statistics according to which more than 55,000 traffic collisions occur in Fulton County every year.
When it happens, the best chance to recover the cost of the motorcycle repairs and medical treatment is contacting a motorcycle accident attorney and seeking compensation for the losses. Although Georgia laws allow even those who were partly at fault for the accident to receive compensation, actually obtaining it is not easy.
On the one hand, motorcyclists often incur severe injuries that keep them in the hospital for weeks, unable to gather evidence of the accident they were involved in. On the other hand, the other parties involved in the accident take advantage of the stereotype according to which motorcyclists are reckless and love speed, and they try to blame the latter.
At The Weinstein Firm, our motorcycle accident lawyers often visit clients at the hospital or in their homes. Time is of the essence when it comes to preparing and filing motorcycle accident claims, and we prefer to be there for our clients when they need us. Most of the time, our collaborations begin with a free case evaluation and a brief overview of how liability is established under Georgia laws. Call and schedule your free consultation to learn how we can help.
Establishing Liability After A Motorcycle Accident in Roswell, GA
As any motorcycle wreck lawyer will explain, Georgia is an at-fault state. Otherwise put, the laws in force here admit the possibility for all the parties involved in an accident to be partly at fault. They consider the overall fault for the accident as 100%, and they share it between the parties according to the available evidence.
Whether one party can obtain compensation for their losses will often depend on the experience and dedication of the motorcycle accident lawyer. If the latter manages to prove that their client was less at fault than the other parties and to document all the injuries and damages they incurred, obtaining compensation should be just a matter of time.
How consistent compensation is will depend on the same factors. For example, in a motorcycle accident with total losses worth $100,000 for which the motorcyclist is 40% at fault, the latter will be responsible for covering $40,000 worth of damages. If their injuries and damages they incurred exceed this amount, they will still receive some money.
Contacting a motorcycle wreck lawyer as soon as possible after the unfortunate event is very important. When accidents are part of their everyday routine, people forget easily how they took place, and finding witnesses after weeks or months from the accident could be difficult.
Also, local Roswell stores and gas stations delete the recordings of their surveillance cameras regularly, so finding video footage of the accident will become more difficult with time. At The Weinstein Firm, our car accident lawyers have noticed that evidence is easier to find in the first weeks after an accident.
We provide free preliminary consultations and contingency-based agreements, meaning that we get paid from the compensation our client receives after we obtain it. Our clients have nothing to lose by requesting the help of a The Weinstein Firm motorcycle wreck lawyer on their case, but they do have a lot to win, especially since motorcycle accident claims are subject to specific time constraints.
What Is The Georgia Statute of Limitations For Motorcycle Accidents
When an accident victim contacts a Roswell motorcycle wreck lawyer too soon, they can postpone the filing of the compensation claim until they have all the evidence and information they need. When they do it too late, there is very little, if anything, a motorcycle accident attorney can do to help.
According to GA Code § 9-3-33 (2016), the deadline for filing a personal injury lawsuit is two years from the event that caused the injuries. Property damage claims are subject to GA Code § 9-3-32 (2016), which stipulates a four-year deadline.
At The Weinstein Firm, we advise our clients to get in touch with our Roswell motorcycle accident lawyer as soon as possible, not just for fear that the deadline may pass, but also make sure we can be there for them from the beginning and help them avoid costly mistakes.
What Should You Do After A Motorcycle Accident?
After a motorcycle accident it is crucial to avoid doing the following:
Leaving the Accident Scene
GA Code § 40-6-270 (2016) stipulates that, in case of an accident, all motor vehicle operators should remain or return at the scene. The penalties for fleeing the scene include fines and even time in jail. Instead, we advise everyone to stop, request or provide medical assistance, according to the circumstances, report the event to the police, and contact a motorcycle accident lawyer as soon as possible.
Failing to Clear the Carriageway
According to Georgia laws, after an accident, the parties involved should clear the road, to avoid impeding traffic or causing other accidents. Under GA Code § 40-6-275 (2016), the only situation when leaving a motorcycle or a car in the middle of the road is acceptable is when the accident leads to a person’s death or serious injury. In such cases, it is better to consult a motorcycle accident attorney and wait for the investigating officer to finish collecting evidence.
Neglecting to Gather Information and Evidence
No matter if the victims file it themselves or hire a personal injury lawyer to do it, the success of a compensation claim will depend on the information and evidence supporting it. On the one hand, the parties involved should exchange name, contact, vehicle, and insurance information.
On the other hand, they should take photos of the accident scene, of the vehicles involved, and any other details that can show how the accident occurred. They should obtain footage from local surveillance cameras and find witnesses, to make sure they or their motorcycle accident lawyers can later substantiate the compensation claim.
One of the most important aspects to cover is whether or not the parties are insured. Under Georgia laws, both drivers and motorcyclists should carry liability insurance coverage of a minimum of $25,000 property damage per event, $25,000 personal injury per person and $50,000 personal injury per event.
When the party at fault is uninsured or underinsured, it is better to contact a motorcycle accident lawyer near Roswell as soon as possible. Obtaining compensation from an uninsured party is a real challenge even for an experienced motorcycle accident lawyer, but the latter may be able to find a solution.
Apologizing or Assuming Fault
Sometimes, after an accident, when seeing someone in pain or devastated, many people feel the need to express their regret for the situation and do so if they do not have a motorcycle accident attorney present to advise them otherwise.
Unfortunately, a simple “I’m sorry” can be interpreted as an assumption of guilt, so, at The Weinstein Firm, we advise our clients to avoid any expressions of regret or apologies. Under no circumstances should they admit breaking the law or doing something inappropriate, as this could ruin the case even for the best motorcycle wreck lawyer.
It is best to avoid unnecessary discussions with the parties involved and focus on collecting information and evidence. During the police investigations, answers should be short and concise, avoiding assumptions or unnecessary details.
Signing Documents without Reading or Consulting a Motorcycle Accident Lawyer
Sometimes, when their clients report the accident immediately, insurance agents come to the accident scene to investigate and try to minimize damages for their company. They may take advantage of a victim’s state of confusion and of the fact that they do not have a motorcycle wreck lawyer to advise them and defend their interests, to pressure them into signing detrimental agreements or right-waivers.
At The Weinstein Firm, our motorcycle accident lawyers advise all clients to not sign any document at the scene of the accident, at least not without reading it carefully and showing it to their motorcycle accident attorney. A simple signature could cost them their right to compensation, and that would not be fair.
Accepting the First Settlement Offer They Receive
Most of the time, hoping to avoid the hassles of a court trial and minimize their losses, insurance companies will make immediate settlement offers for low amounts. Many claimants have bills piling up and want to forget all about the accident and return to their normal lives, so they find a settlement tempting.
However, the best approach is to discuss the settlement offer with an experienced motorcycle accident lawyer near Roswell. Based on the case details, the latter can easily assess whether the settlement offer is fair or not and advise their client accordingly.
If the compensation offered is too low, the claimant can file an appeal and request more money. If it is acceptable, they can go ahead and accept it. However, if a claimant accepts an unfavorable settlement, there is very little a motorcycle wreck lawyer can do to help them obtain more money after that.
The best way to avoid the necessity of working with a motorcycle accident attorney and the importance of avoiding mistakes like the ones reviewed above is to understand the process of filing a compensation claim in Georgia.
How Can A Motorcycle Accident Lawyer Near Roswell Help My Claim?
In order to obtain compensation after a motorcycle accident in Roswell, victims need to follow the next steps:
Evaluate the claim
This step involves analyzing the circumstances of the accident and its consequences, to find out what rights the claimant has, what losses they incurred, and how much money they can obtain. It also means deciding against whom to file the claim: the party at fault, their insurer, or the claimant’s own insurer. It goes without saying that the best person to conduct the evaluation is an experienced motorcycle accident lawyer.
Prepare the claim
This step involves putting together all the evidence of how the accident took place and of the expenses the victim incurred. The purpose is to prove beyond doubt the fault of the other party and justify the compensation requested. Besides supporting documents, the claim will also include a notice of claim, a written, justified presentation of the claimant’s requests. At The Weinstein Firm, preparing such notices is part of everyday routine for our motorcycle accident lawyers.
File the claim
Before you can request compensation for any damages and injuries, you need to assess their value. As mentioned above, the claim filing should occur within the first two years from the accident to allow the motorcycle accident lawyer enough time to file a civil lawsuit, if necessary.
Evaluate the verdict
The claim will receive a response. For example, claims filed against insurers will either receive a denial (a letter in which the insurer explains why they will not pay compensation), or a settlement offer. If the settlement offer is accepted, the parties sign an agreement, and the claimant receives their compensation.
File the Appeal
It is possible to appeal claim denials and unfavorable settlement offers. When the claim is against an insurance company, their claims supervisor will review the notice of appeal. If the parties cannot reach a favorable settlement at this stage, there is always the option of filing a civil lawsuit.
In most cases, the parties reach a convenient settlement outside of court. However, at The Weinstein Firm, we go to any extent to defend our clients’ interests and obtain them the compensation they deserve.
Contact A Motorcycle Accident Lawyer Near Roswell Now!
If you want to save time, money, and effort, while still obtaining fair compensation for the losses you incurred, you need an experienced motorcycle accident attorney on your side. You will find one dedicated to your case and ready to defend your interests at The Weinstein Firm.
Call us and request a FREE case evaluation now! The sooner you get in touch with our Roswell injury lawyer, the sooner you can receive the money you deserve, pay those outstanding bills, and start a new, pain- and debt-free life!