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Stone Mountain Motorcycle Accident Lawyer

Motorcycle accidents can happen in an instant. Their small, speedy design makes them challenging to spot on the road, and the lack of protection that riders have can lead to serious injury if they are involved in a wreck.

If you suffered injuries from a motorbike wreck, you should reach out to a local Stone Mountain motorcycle accident lawyer. Proceeding without legal assistance could hurt your chances to maximize your compensatory award. A dedicated personal injury attorney could review your circumstances and consider your legal options moving forward.

The Fault System in Motorcycle Accident Claims

While there are two systems states may use to determine a claimant’s rights after a motorbike accident, Georgia follows the fault system. Under this structure, those injured by motorcycle accidents have three potential options. The first option is an injured party could file an insurance claim with their own provider. Next, plaintiffs have the option of filing a claim with the at-fault driver’s insurance company.

Finally, claimants could file a personal injury lawsuit without having to meet a serious injury threshold to recover additional damages. A skilled Stone Mountain motorcycle accident attorney could help an injured individual determine which course of legal action to take and which option could yield the highest monetary award.

Establishing Negligence and Comparative Fault

To file a civil lawsuit, someone must experience injury due to the negligent actions of another. Motorcycle accident plaintiffs can demonstrate negligence by proving that the defendant:

  • Owed them a duty of care
  • Breached their duty of care
  • This violation of their legal obligation proximately caused the plaintiff harm
  • The plaintiff suffered losses as a result

All drivers, including motorcyclists, have a duty to operate their vehicles with reasonable care. Establishing negligence can be more difficult to prove if a court believes that a plaintiff may be paritally at fault for their injuries.

The 50 Percent Bar Rule

Comparative fault determines whether the plaintiff could recover damages depending on the portion of responsibility they contributed to their accident. The 50 percent bar rule allows plaintiffs to recover compensation as long as the court finds them 49 percent or less at fault. Once the court determines this, a claimant may collect damages reduced by the proportion of fault they contributed to their injuries.

If a plaintiff apportioned fault is more than 49 percent, they may not be able to recover any compensation. A seasoned motorcycle wreck lawyer in Stone Mountain could help establish the defendant’s negligence while evaluating a plaintiff’s case to determine the amount of damages to which they may be entitled.

Statutes for Motorcyclists

Motorcycle cases are unique in that riders must follow certain regulations while operating their vehicle. For instance, the Official Code of Georgia §40-6-315(a) states that no person shall operate or ride a motorcycle without wearing protective headgear that complies with the commissioner of motor vehicle safety standards. Some other statutes specific to motorcyclists include §40-6-312(b) which establishes that motorcyclists cannot pass another vehicle while remaining in the same lane as the motorist they are passing. Also, motorcyclists may not operate their vehicle between traffic lanes according to statute §40-6-312(c).

Retain a Stone Mountain Motorcycle Accident Attorney Today

If you have suffered injuries in a motorcycle crash, receiving help from a legal professional could improve your situation and increase your chances of pursuing a more optimal award.

A knowledgeable Stone Mountain motorcycle accident lawyer could guide you through this process and help you determine your legal options. If you have been struggling to find a lawyer, our firm could review your case. Call now to get started.

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