The motorcycle accident in Athens leads to a situation where many injured bikers hold back their compensation claims since they think that the mere fact of being partly at fault will bar them from recovery automatically. This, unfortunately, is one of the largest and most expensive myths. A skilled Athens Motorcycle Accident Lawyer can clarify that under Georgia law you are not disqualified from receiving compensation just because you have a share in the blame for the accident. On the contrary, sharing the blame is quite common in motorcycle accidents and it does not stop you from claiming damages if you know how to deal with it.
Georgia utilizes a modified comparative negligence system. This allows an injured motorcyclist to recover a settlement provided that their fault in the accident is not more than 50%. Yet, the total amount you get is your fault percentage deducted. By way of illustration, if your damages are set at $100,000, but you are deemed 20% responsible, your payout will be $80,000. This law enables the injured bikers to get justice even if the blame is distributed, however, it also helps the insurance companies to cut down on their payouts.
Insurance adjusters very often try to distort the picture of a motorcyclist’s fault and put him or her at a higher level of fault. They can argue that speed, lane positioning, or visibility were factors in the accident, even when another car driver is to blame. Motorcyclists are usually and unfairly stereotyped as the reckless ones and that is why these kinds of claims are very dangerous. Without an attorney, injured riders might accept guilt that reduces their compensation or even eliminates it completely, without knowing it.
In common accident scenarios, partial fault arguments are very often present. A typical scenario is the left-turn collision where drivers deny their fault claiming the motorcyclist was speeding or lacked visibility while actually, they failed to yield. Lane-change accidents may involve claims that the biker was in a blind spot while rear-end collisions can be attributed to sudden stops. Sudden stops may also be claimed in the case of road hazard lawsuits while the rider should have been able to avoid the debris or uneven pavements as per the inferences drawn from this situation. All these instances demand well-founded counterarguments to safeguard the rights of the injured rider.
In cases of partial fault, medical evidence is of utmost importance. Extremely serious injuries like broken bones, damage to the spine, or brain injuries bring to light the violent impact of the accident and go against the assertion of minor fault on the part of the rider. Giving medical records that are very detailed, expert witnesses, and long-time treatment plans are all ways to help the true effect of the crash be seen and the money being sought be justified. Serious and well-documented injuries are the more difficult to downplay in the eyes of the insurers when it comes to their responsibilities.
Accident reconstruction is one more powerful tool in the cases where fault is disputed. The examination can include skid marks, vehicle damage, roadway situation, traffic signal, and witness statements which may be used to recreate the actual event. In a lot of cases, these reconstructions disclose that the driver’s negligence such as using a mobile phone while driving, not giving way, or making unsafe turns was the main reason for the accident. This piece of evidence can drastically lower the percentage of fault that is attributed to the biker.
Timing is critical as well. The insurers for the accident may use the statements provided right after the accident to determine later who is at fault. Riders who have received injuries or even people around may show sorrow, guess, or down-play their injuries while being still in shock thus giving the insurance companies people an argument saying the blame should be shared. Calling for litigation support at the very beginning keeps this kind of statement from happening and makes sure that the whole communication process is done in a tactical way.
In the end, it’s not about showing a perfect case—it’s about establishing negligence when it comes to the recovery of a motorcycle accident compensation. Georgia laws consider the accidents to be complicated and that many factors may be involved. The thing that really counts is whether or not the fault of the other party was a major contributor to the harm done. With the proper legal strategy, people who got hurt while riding their bikes can still get their money back for the expenses related to the medical treatment, the income they did not get because they could not work, the suffering they went through, and the needs for long-term care.
In case you got hurt in a motorcycle accident and are concerned that shared liability could possibly have an impact on your case, then having a conversation with an experienced legal adviser might really change the outcome. Such a company as R. Alan Cleveland, LLC possesses the know-how to contest unjust fault accusations, safeguard your rights, and demand the highest reimbursement allowed by the law of Georgia.
