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Cobb County Motorcycle Fatality Emphasizes Risks Posed by Others Sharing Roadway

November 13, 2010

A Marietta man was involved in a fatal motorcycle accident on Wednesday when he drove his motorcycle into a brick pillar adjacent to Johnson Ferry Road. A preliminary investigation by the police indicates that another motorist cut the rider off. Anyone operating a motor vehicle on Georgia roadways faces a high risk of being involved in a motor vehicle accident at some point during one's lifetime.

This risk increases exponentially for motorcyclists, even if their driving is flawless, because there is little a motorcycle rider can do to protect oneself when those driving passenger cars, SUVs or commercial trucks engage in unsafe driving practices. The preliminary reports from police indicate that another driver cut off the Marietta motorcyclist, which was responsible for the rider driving off the roadway and colliding with the pillar. The police also indicated that the motorcyclist did not appear to engage in any risky evasive maneuvers that might have contributed to the fatal motorcycle accident. At Montlick and Associates, Attorneys at Law, we have been representing those injured in serious motorcycle accidents throughout Georgia and the Southeast for over 39 years.

While many traffic safety experts advocate defensive driving techniques, motorcycles offer less control, stability or margin for error than other motor vehicles. It appears that the motorcyclist that lost his life in this accident did everything correctly, yet the rider still lost his life because of the careless driving of another motorist. Motorcycles have design disadvantages that limit their handling, reaction time, and available evasive maneuvers when responding to roadway hazards or errors by other drivers. Motorcyclists are not only more vulnerable in terms of the likelihood of being involved in a traffic accident, but are also much more likely to suffer serious injuries in a motor vehicle collision. Motorcycle accidents disproportionately lead to catastrophic injuries including severe head and neck injuries, spinal injuries, severe damage to internal organs and fatalities. A rider who is injured in a motorcycle wreck that is caused by another person's carelessness is entitled to compensation for one's injuries including medical costs, lost income, disability, pain and suffering, loss of services to a spouse, and burial and funeral expenses. In certain situations, punitive damages can be awarded as well.

The other driver in the fatal Marietta motorcycle accident left the scene of the accident rather than stay and try to render assistance or summon the police. When a driver is involved in an accident where anyone is injured, the driver is legally obligated to remain at the scene, render assistance to the injured person, and summon law enforcement. Where a driver flees the scene and fails to render assistance or attempt to summon help, a court may also award punitive damages to punish the other driver for the driver's conduct. If you are injured in a motorcycle accident, it is important to seek legal advice at the earliest possible opportunity. Witnesses need to be interviewed while their memories are fresh, and critical evidence needs to be preserved. Any delay in obtaining legal advice or representation can adversely impact one's claim.

The experienced Georgia motorcycle accident lawyers at Montlick and Associates, Attorneys at Law, have been representing motorcycle accident victims in Atlanta and throughout Georgia for over 39 years. We are available to assist clients throughout all of Georgia, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Dalton, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state. Call us today for your free consultation at 1-800-LAW-NEED (1-800-529-6333), or visit us on the web at No matter where you are in Georgia, we are just a phone call away, and we will even come to you.

Category: Auto Accidents

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All information provided by our blogs is general in nature and should not be relied upon as legal advice. Consult a Montlick attorney for details about your unique situation.

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