Motorcycle Accidents and Negligence in Georgia
In recent years, the number of motorcycles sold in the United States has been on a steady rise. People who choose to ride motorcycles may explain the appeal as a feeling of more freedom and a better appreciation of one's surroundings. Of course, the same reasons that motorcycles offer an appeal to riders also create certain risks that are unique to these vehicles. Motorcycles leave riders exposed in ways that they would not be in cars. They are smaller and not always as easy for others on the road to see, minor problems on the road create greater hazards to motorcyclists than to cars, and riding a motorcycle requires more skill than driving a car. All of these factors plus others create situations where motorcyclists are more likely to be seriously injured in the event of an accident. According to statistics, motorcyclists are actually about 27 times more likely to die as the result of an accident than are individuals riding in cars. The severity of these incidents often leads to questions of legal liability. In the vast majority of vehicle accident or collision cases, the question of liability will come down to the theory of negligence.
Negligence cases involving motorcycles accidents
Negligence is a legal concept that involves the liable party failing to exercise the level of caution and care that a reasonable or prudent individual would offer under similar circumstances. If an individual is riding a motorcycle, and is injured by a person driving a car negligently, the negligent driver could be found liable for the damage caused to the motorcyclist. For example, if a driver suddenly changed lanes without warning or properly looking in the other lane and hit a motorcycle in the process, the accident could give rise to a personal injury claim against the driver. Of course, many accidents are not always the result of one person's failure to use proper care and caution, but rather multiple factors, or even an act of God. Sometimes, an injured party shares in liability for an accident.
Some states allow for "contributory negligence" and others have "comparative negligence." In the minority of states in which contributory negligence is the law, if an injured motorcyclist was in any way at fault for his or her injury, then the injured person would not be permitted to recover from the other party. However, in most states, including Georgia, some form of comparative negligence is used. In these cases, the injured party's negligence would be weighed against the other party's negligence and percentages would be assigned to each party's actions. For instance, if jury found that an injured motorcyclist had a $100,000 claim, and the other driver was found 80% responsible while the injured motorcyclist was found 20% responsible, the injured person would only be able to collect $80,000. Georgia has a modified comparative negligence system, in which the injured victim must be less than 50% at fault to obtain any recovery.
If you or a loved one has been injured in a motorcycle accident, you likely have many questions regarding your rights. Our attorneys at Montlick & Associates can examine the facts and circumstances of what happened and advise you on your legal rights as well as what steps are necessary to protect your rights.
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Do not delay in seeking legal assistance, as you have a limited amount of time to pursue a claim. Call Montlick & Associates, Attorneys at Law for your free consultation today. Montlick & Associates has been representing those who suffer serious injuries throughout all of Georgia and in the Southeast for over thirty-three years, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state.
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Montlick & Associates, Attorneys at Law
17 Executive Park Dr NE
Atlanta, GA 30329
Telephone: 1 (404) 529-6333
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