Georgia Motorcycle Accident Lawyer Provides Tips for Preserving Your Personal Injury Claim


April 07, 2014

When people are involved in a motorcycle accident while traveling the streets and highways of DeKalb County, our Georgia motorcycle accident lawyers recognize that motorcycle crash victims may be unsure what steps to take to protect their legal rights and preserve the value of their claim. A financial claim for damages may include compensation for medical bills, pain and suffering, property damage, lost wages, reduced earning capacity, loss of companionship and even punitive damages. Because motorcycle riders tend to suffer more substantial injuries in a collision, the financial recovery obtained from a drunk driver, distracted driver or other unsafe motorist might have a substantial impact on your quality of life. Our DeKalb County motorcycle accident lawyers at Montlick and Associates have provided a few tips that can help motorcyclists obtain the compensation they need following a serious motorcycle crash.

Avoid Underestimating Injuries: When you are involved in a motorcycle accident in DeKalb County, it is reasonable to assume you may experience shock, intense pain and disorientation. People experiencing physical pain and intense emotions might be unable to properly judge the severity of their injuries. Generally, it is advisable to seek prompt medical attention despite your initial impression that your injuries are not substantial. Not only is it important to obtain immediate medical attention, but you may be able to partially counter later claims by the other driver’s insurance company that you are overstating the severity of your injuries.

Preserve Key Evidence: When the driver of a passenger vehicle is facing civil liability and sometimes criminal charges in the wake of a motorcycle accident, the version of facts presented by a negligent driver can make it seem like the parties were involved in two separate incidents. The evidence gathered and preserved at the scene can help an accident reconstruction expert analyze what transpired at the scene of the crash for purposes of determining negligent conduct and the way in which you were injured during the collision. Because you may be incapacitated, you might want to summon someone close to you to the scene to take pictures, get contact information for witnesses, obtain insurance and vehicle information for the other driver and confirm the report number for the accident report prepared by law enforcement. When our firm is hired and a serious injury has occured, we will promptly take appropriate measure to make sure the evidence is preserved- which is a good reason to call us as soon as possible after an accident.

Decline to Talk to the Other Driver’s Insurance Carrier Without Getting Legal Advice: The other driver’s insurance carrier may contact you under the guise of attempting to resolve your claim. What this really means is that the insurance company is looking for statements or factual information that will allow their insured to avoid liability or reduce the value of your claim. Insurance companies use adjusters, investigators, attorneys, medical experts, crash reconstruction experts and others as part of their attempt to keep their financial exposure to a minimum. If you obtain prompt legal counsel and representation from an experienced DeKalb County motorcycle accident lawyer, you will put similar resources and experience on your side.

Beware of Quick Settlement Offers: Many motorcycle crash victims are surprised to receive a rather quick settlement offer from the other driver’s insurance company. While it may be tempting to accept such an offer as you face financial hardships like unpaid wages, medical bills and vehicle repair costs, insurance companies are not motivated by being fair and reasonable. Their goal is to pay the minimum amount on your claim. A quick settlement offer might mean that the other motorist was clearly at-fault, so the insurance company wants you to settle now to avoid liability for future medical costs and future lost income. Any check generally will be accompanied by a “general release” or language that has this legal effect, can extinguish your legal rights to future damages that you do not even know exist. If the other driver’s insurance company approaches you about obtaining information to “process your claim” or a settlement offer, the best option is to let an experienced motorcycle accident attorney handle these discussion so that they can protect your rights and help you avoid crucial missteps.

Montlick Associates' Team of Georgia Motorcycle Accident Lawyers—Fighting for the Rights of Motorcycle Accident Victims For Over 30 Years

If you or a loved one is injured or a loved one dies in a motorcycle crash, our experienced team of DeKalb County motorcycle accident lawyers at Montlick and Associates have been representing those who suffer serious injuries throughout all of Georgia and the Southeast for over thirty years, including but not limited to all smaller cities and rural areas in the state. No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Category: Auto Accidents

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.