Motorcycle Accident Claims in Georgia
Motorcycle Accidents in Georgia
Motorcyclists face many risks that drivers and passengers in cars do not. The very nature of the vehicle means that unlike people traveling in cars, motorcyclists have no metal surrounding them. But there are other risk factors as well, including the fact that motorcycles are less visible than cars, and that small obstructions on the road can lead to accidents for motorcycles when they would not pose much of a risk to drivers in passenger vehicles.
Nationwide, the added risks faced by motorcyclists lead to a death rate that is 27 times higher than that of individuals in cars. Unfortunately for motorcyclists in Georgia, there are over 130 motorcycle fatalities each year in the state. While some motorcycle accidents are the fault of the motorcyclist, many are the result of inattentive drivers.
Motorcycles and Negligence in Georgia
Many traffic accidents are the result of negligence. Negligence occurs when someone fails to act as a reasonably prudent person in a given situation. When someone behaves in a way that is considered negligent and someone else gets hurt as a result, the negligent person can be held legally liable for the harm that they caused. If a driver is texting, speeding, or runs a red light, then he or she likely was negligent. Of course, many times accidents are the result of more than one person having been negligent.
Comparative Negligence in Georgia
The state of Georgia practices contributory Contributory Negligence. This means, “If a plaintiff is partially at fault for an accident in which he or she suffers harm, that person’s recovery of damages will be reduced.”
Helmet Laws in Georgia
In Georgia, a motorcyclist is required to wear a helmet.
Title 40. Motor Vehicles and Traffic. Chapter 6. Uniform Rules of the Road. Article 13. Special Provisions for Certain Vehicles. Part 2. Motorcycles. Section 40-6-315 Headgear and eye-protective devices for riders. :
"(a) No person shall operate or ride upon a motorcycle unless he is wearing protective headgear which complies with standards established by the Board of Public Safety. . . ."
In Georgia, failure to wear a helmet can have adverse legal consequences to a personal injury claim. If you were to be injured in an accident when not wearing a helmet, it would be possible for the other driver to claim that your injuries were more severe as a result of your failure to wear a helmet. In this case, you would find yourself potentially being considered comparatively negligent, and therefore having your damages reduced by your proportion of fault.
If you were involved in a motorcycle accident in Georgia, you should contact an experienced Georgia motorcycle accident attorney at Montlick & Associates to discuss your claim and to determine the best course of action for you to take.
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If you have been injured in ANY type of accident involving someone else's negligence, 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 36 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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