Passionate Advocacy that Fights for Just Compensation
Georgia has great weather most of the year, and motorcyclists take full advantage of our beautiful climate to enjoy the open roads. Motorcyclists also face great risks on the roads, however. In fact, many statistics report that they are up to five times more likely to become injured in an accident per mile traveled than a passenger vehicle and up to 27 times more likely to experience a fatal accident.
With these odds, it’s important to know where to turn to in the event of an accident. At Ross Moore II, P.C., we fight tenaciously on behalf of our clients, taking the time to truly understand their case and their individual circumstances. We fight to keep insurance companies in check and to provide our clients with the compensation they are justly owed.
Handling a motorcycle accident claim on your own can be very difficult. Insurance companies will do everything possible to minimize the amount of damages they have to pay, and their interests are not aligned with yours. Dealing with a claim while trying to recover from your injuries is very stressful, and it makes sense to have someone in your corner who is looking out for your best interests.
WHAT ARE THE LEADING CAUSES OF MOTORCYCLE ACCIDENTS?
Motorcycle accidents are most often caused by the negligence of other drivers. Many drivers have what is caused a “motorcyclist blind spot”, meaning that they do not register the presence of a motorcycle and regularly miscalculate their speed and other factors.
Motorcycle accidents are commonly caused by the following:
Distracted Drivers: Even though most people understand that this is a very dangerous practice, a large percentage of motorists admit to having sent a text message while behind the wheel. Texting while driving and similar activities are especially hazardous for motorcyclists, because when a driver sends a text, they might weave and straddle over the center of their lane, and they might not see a motorcycle that enters their blind spot.
Drunk Drivers: In spite of several decades of high-profile public awareness campaigns, far too many individuals make the horrible and often fateful decision to get behind the wheel after having too much to drink. Drunk driving impairs a motorist’s physical and cognitive abilities, causing a far greater likelihood of an accident.
Reckless Drivers: In today’s society where so many people are in a hurry, aggressive and reckless driving is increasingly common. Excessive speeding, running stop signs and stop lights, refusing to yield the right-of-way, illegal or dangerous passing maneuvers, and similar behaviors put everyone on the road in greater danger.
Drowsy Drivers: A surprising number of motorists drive without getting enough sleep. Drowsy or fatigued driving can cause a driver to fall asleep at the wheel, which can result in catastrophic consequences. The scary thing is that most individuals do not know the point at which they crossed the line and become sleepy. Even if that does not happen, however, a tired and fatigued driver can often miss important details that happen on the roads.
Defective Vehicle Parts: Some motorcycle accidents happen because of a defective vehicle or vehicle part that breaks down in the wrong place at the wrong time. When this occurs, it may be possible to bring a product liability claim against the manufacturer, supplier, or distributor of the faulty product.
Poor Road Conditions: Bad road conditions are a contributing factor to many motorcycle accidents. If this is the case, the party that is responsible for maintaining the roads could be held liable for the accident.
It is important to have aggressive legal help to fight for compensation to cover full damages.
PURSUING A GEORGIA MOTORCYCLE ACCIDENT CLAIM
When someone is injured in a motorcycle crash, they are entitled to damages for a wide range of losses. Compensatory damages can be grouped into two general categories:
Economic Damages: These are damages for direct monetary losses that the victim incurred because of the accident. Examples of economic damages may include medical bills, lost wages, loss of earning capacity, property damage, and funeral and burial costs (in the case of a wrongful death).
Noneconomic Damages: These are damages for losses that are real but more intangible and difficult to assign a dollar figure to. Noneconomic losses may include the physical pain and suffering the victim had to endure, the emotional distress and anxiety of having to live with the pain of the injury, the loss of the ability to participate in activities they once enjoyed, and the loss of comfort, care, guidance, and support for loved ones when someone is killed in a motorcycle accident.
In more limited cases when there is clear and convincing evidence that the actions of the party (or parties) responsible for the accident were willful, malicious, or grossly negligent, punitive damages may also be awarded. Also known as exemplary damages, punitive damages are meant to punish the wrongdoer for their egregious conduct and help discourage similar behaviors in the future.
In Georgia, punitive damages are capped at $250,000 in most cases. There are exceptions to this, however, such as in the case of a product liability, a defendant who was driving while under the influence of alcohol or illegal drugs, or when the defendant acted with specific intent to harm the plaintiff.
Georgia uses a modified form of comparative negligence for personal injury claims. Under this standard, an injured party can still recover monetary damages as long as they were no more than 49% at fault for the underlying accident. However, any damages that they are entitled to are reduced in proportion to the percentage of fault they share. For example, if you suffered $200,000 in damages and you were 20% at fault, your damage award would be reduced by $40,000 to a total of $160,000.
SPEAK WITH AN ATLANTA MOTORCYCLE ACCIDENT ATTORNEY FOR A FREE CONSULT!
Our attorney will carefully investigate the circumstances that led up to your accident. Ross Moore II, P.C. can work with you to craft a case that fights strategically for the best possible outcome on your behalf. We can uphold your rights and provide you with personalized legal guidance and honest communication throughout all case proceedings. All of our services are offered on a contingency fee basis, meaning that if we don’t win on your behalf, you don’t owe us a single legal fee.