There’s a shocking amount of misinformation surrounding motorcycle accident claims, especially here in Savannah, Georgia. Separating fact from fiction is crucial if you want fair compensation. Are you prepared to fight for what you deserve?
Key Takeaways
- You have only two years from the date of your motorcycle accident to file a lawsuit in Georgia, as dictated by the statute of limitations (O.C.G.A. § 9-3-33).
- Even if you were partially at fault for the accident, you can still recover damages in Georgia, so long as your percentage of fault is less than 50%.
- Insurance companies are businesses focused on profit, so consulting with a lawyer experienced in motorcycle accident claims in Savannah can help you avoid low settlement offers.
Myth #1: If I was even a little bit at fault, I can’t recover anything.
This is a common misconception, and it’s just plain wrong. Georgia follows a “modified comparative negligence” rule. This means that you can recover damages even if you were partially at fault for the motorcycle accident, but only if your percentage of fault is less than 50%. If you are 50% or more at fault, you are barred from recovering anything. Let’s say a jury finds you 20% at fault for an accident where your total damages are $100,000. You can still recover $80,000. But if you are found 50% or more at fault? You get nothing.
We had a case a few years back where our client was broadsided at the intersection of Victory Drive and Skidaway Road. The other driver claimed our client ran a red light. We dug into the traffic camera footage and found that while our client might have been slightly late crossing the intersection, the other driver was speeding excessively and clearly distracted. We were able to prove the other driver was primarily at fault, securing a significant settlement for our client. The lesson? Don’t assume you’re out of luck just because the other driver is pointing fingers.
Myth #2: I don’t need a lawyer; I can handle the insurance company myself.
While you can technically handle your motorcycle accident claim yourself, it’s rarely advisable, especially when dealing with serious injuries. Insurance companies are businesses, and their primary goal is to minimize payouts. They might seem friendly and helpful at first, but their loyalty lies with their shareholders, not you. An experienced Georgia lawyer understands the tactics insurance companies use to undervalue or deny claims. We know how to build a strong case, negotiate effectively, and, if necessary, take your case to court.
I saw a client last year who initially tried to negotiate with the insurance company on his own after a motorcycle accident on Abercorn Street. He sustained a broken leg and significant road rash. The insurance company offered him a paltry $5,000, claiming his injuries weren’t that serious. After we got involved, we compiled all his medical records from Memorial Health University Medical Center, consulted with medical experts, and presented a clear picture of his long-term pain and suffering. We ultimately settled the case for $150,000. The difference? We knew the true value of his claim and were prepared to fight for it.
Myth #3: Filing a lawsuit is too expensive.
Many people avoid consulting a lawyer after a motorcycle accident because they are afraid of the cost. Most personal injury lawyers, including us, work on a contingency fee basis. This means that you don’t pay any attorney’s fees unless we win your case. Our fee is a percentage of the settlement or jury award we obtain for you. This arrangement allows anyone, regardless of their financial situation, to access quality legal representation. Furthermore, a good lawyer will handle all the upfront costs of litigation, such as filing fees, expert witness fees, and deposition costs. These can add up quickly, but you won’t have to worry about paying them out of pocket.
Here’s what nobody tells you: insurance companies know which lawyers are willing to go to trial and which ones aren’t. They’re far more likely to offer a fair settlement to a lawyer with a proven track record of success in court. Hiring a lawyer signals that you’re serious about pursuing your claim and that you won’t be bullied into accepting a lowball offer.
Myth #4: My motorcycle insurance will cover everything.
Unfortunately, this is rarely the case. While your own motorcycle insurance policy may provide some coverage for medical bills, lost wages, and property damage, it’s often not enough, especially in cases involving serious injuries. Furthermore, your own insurance company is still a business, and they may try to minimize your payout. The primary source of compensation in a motorcycle accident claim is usually the at-fault driver’s insurance policy. However, if the at-fault driver is uninsured or underinsured, you may need to pursue a claim against your own uninsured/underinsured motorist coverage. Navigating these different insurance policies can be complex, which is why it’s so important to have a lawyer on your side.
Myth #5: I have plenty of time to file a claim.
Wrong, wrong, wrong. In Georgia, the statute of limitations for personal injury claims, including motorcycle accident claims, is two years from the date of the accident (O.C.G.A. § 9-3-33). This means that you must file a lawsuit within two years of the accident, or you will lose your right to recover any compensation. Two years may seem like a long time, but it can fly by quickly, especially when you’re dealing with medical treatment, recovery, and other challenges. It’s crucial to consult with a lawyer as soon as possible after a motorcycle accident to ensure that your claim is filed within the statute of limitations. Don’t delay – protect your rights!
We had a case come across our desks where someone contacted us 23 months after their accident. While we were able to quickly gather all the medical records and accident reports, the challenge was finding witnesses and preserving evidence before the deadline. We managed to file the lawsuit just in time, but it was a stressful situation that could have been avoided if the client had contacted us sooner.
Don’t let these common myths derail your chances of receiving fair compensation after a motorcycle accident. An experienced attorney can help you understand your rights, navigate the complexities of the legal system, and fight for the justice you deserve. Your first step? Schedule a free consultation with a Savannah lawyer who specializes in motorcycle accidents.
What should I do immediately after a motorcycle accident?
First, ensure your safety and the safety of others involved. Call 911 to report the accident and request medical assistance if needed. Exchange information with the other driver, including insurance details. Take photos of the scene, vehicle damage, and any visible injuries. Seek medical attention as soon as possible, even if you don’t feel seriously injured. Finally, contact a motorcycle accident lawyer in Savannah to discuss your legal options.
What types of damages can I recover in a motorcycle accident claim?
You may be able to recover compensatory damages, including medical expenses (past and future), lost wages, property damage, pain and suffering, and loss of enjoyment of life. In some cases, punitive damages may also be awarded if the at-fault driver’s conduct was particularly egregious.
How is fault determined in a motorcycle accident case?
Fault is typically determined by investigating the accident, gathering evidence such as police reports, witness statements, and traffic camera footage. Factors such as traffic laws, driver behavior, and road conditions are considered. In some cases, accident reconstruction experts may be used to analyze the evidence and determine the cause of the accident.
What if the other driver was uninsured?
If the at-fault driver was uninsured, you may be able to pursue a claim against your own uninsured motorist (UM) coverage. UM coverage protects you if you are injured by an uninsured driver. It’s important to review your policy and understand your coverage limits. You can also pursue a personal lawsuit against the at-fault driver, although collecting damages may be challenging if they have limited assets.
How long will my motorcycle accident case take to resolve?
The length of time it takes to resolve a motorcycle accident case varies depending on several factors, including the complexity of the case, the severity of your injuries, and the willingness of the insurance company to negotiate. Some cases may be resolved within a few months, while others may take a year or more to reach a settlement or go to trial. A lawyer can give you a more realistic timeline based on the specific circumstances of your case.
Don’t let fear or misinformation keep you from pursuing the compensation you deserve. Contact a Savannah motorcycle accident attorney today and take the first step toward rebuilding your life.
If you’re a Savannah rider, know your GA motorcycle rights!
Many people don’t realize that injuries impact your claim.
