When it comes to motorcycle accidents, having an attorney with expertise in this specialized area of law can make all the difference in the outcome of your case. At Monge & Associates, we have been representing clients injured in motorcycle accidents since 1993, and our track record speaks for itself. We have taken on big insurance companies and large corporations nationwide, recovering billions of dollars for our clients. Our extensive experience and deep understanding of motorcycle accident law enable us to fight for your rights and maximize your compensation. Contact us today for your free consultation.
Atlanta Motorcycle Accident Resources
To immediately access the resources at any point on this page, click the corresponding links below.
How Can an Attorney Help You?
When Should You Contact an Attorney?
Determining Liability for a Motorcycle Accident
Potential Damages Available in Your Case
Wrongful Death in Motorcycle Accidents
Timeline of a Georgia Motorcycle Accident Claim
What is the Statute of Limitations in Your Case?
Notable Case Results
Passenger Rights in Motorcycle Accidents
Why Are Motorcycle Accidents So Devastating?
Injuries Caused by Motorcycle Accidents
Common Causes of Motorcycle Accidents
Call a Lawyer Today
How Can an Atlanta Motorcycle Accident Lawyer Help You?
It can be overwhelming when you’re dealing with the aftermath of a motorcycle accident. You may be facing mounting medical bills, lost wages, pain and suffering, and emotional distress. Our Atlanta motorcycle accident lawyers are here to help you navigate the legal process and ensure you receive the compensation you deserve.
First and foremost, we will provide you with personalized attention and support. We understand that every case is unique, and we will take the time to listen to your story and understand the full extent of your injuries and damages. With this information, we can build a strong case tailored to your specific circumstances.
Next, we will conduct a thorough investigation into the accident. This may involve gathering evidence such as accident reports, witness statements, medical records, and video footage. We leave no stone unturned in our quest for the truth and will use every resource at our disposal to establish liability and prove the at-fault party’s negligence.
Our team negotiates with the insurance companies on your behalf. We will aggressively advocate for your rights and ensure that you are not taken advantage of. Our goal is to secure a fair and just settlement that covers all your losses and expenses.
If necessary, we are fully prepared to take your case to trial. Our attorneys have extensive courtroom experience and are not afraid to go up against large insurance companies. Our Atlanta personal injury lawyer will present your case effectively and persuasively to a judge and jury, fighting tirelessly for the compensation you deserve.
When Should You Contact an Attorney?
As soon as you are physically recovered enough to contact an attorney after your accident, we recommend doing so. Your recollections of the event may fade over time, it can become more challenging to access crucial evidence, and in some cases Georgia’s statute of limitations can prevent you from recovering compensation after enough time passes. By reaching out to an Atlanta motorcycle accident attorney at Monge & Associates as soon as possible, you ensure that your rights are protected. We will explain your legal options and strive to secure as much compensation as possible on your behalf.
Determining Liability for a Motorcycle Accident
Establishing fault in a motorcycle accident is crucial for seeking compensation. Depending on the cause of your accident, different parties could be at fault:
- Another Driver: If the driver acted negligently or recklessly, causing the accident, they would be the primary party responsible.
- Product Manufacturer: If a motorcycle or its parts were defectively designed or manufactured, the company producing them might be liable.
- Government Entity: Poor road conditions, lack of signage, or other infrastructure issues caused by government negligence can lead to accidents. The entity in charge of this particular issue would be liable.
Understanding Georgia’s Comparative Negligence Law
Under Georgia Code § 51-12-33, your ability to recover damages depends on your percentage of fault in the accident. This “comparative negligence” system has significant implications for motorcycle accident victims:
- You can only recover compensation if you are less than 50% at fault
- Your compensation will be reduced by your percentage of fault
- Insurance companies often try to assign higher fault percentages to motorcyclists
- Multiple parties may share fault in complex accidents
For example, if you’re found 20% at fault for an accident and your damages total $100,000, you would be eligible to recover $80,000. However, if you’re found 50% or more at fault, you cannot recover any compensation. This is why you want an experienced motorcycle accident attorney handling your case, to help navigate the evidence.
Potential Damages Available in Your Case
If you have been involved in a motorcycle accident, there are several potential damages you may be eligible to claim. These are divided into two broad categories: economic damages, which involve your financial losses, and non-economic damages, which refer to the physical and emotional trauma that you sustained. You could also recover a third category, known as punitive damages, depending on the specifics of your case.
Your attorney from Monge & Associates can help you explore all potential avenues of compensation, which may include:
- Medical Expenses: These cover the cost of hospital bills, medication, therapy sessions, and any future medical needs stemming from the accident.
- Lost Wages: If the injury has caused an inability to work, you can claim compensation for the wages lost during that period.
- Loss of Future Earnings: If the injury leads to long-term or permanent disability affecting earning capacity, you could claim compensation for the loss of any earnings that you would have made otherwise.
- Pain and Suffering: This relates to the physical and emotional distress resulting from the accident, including depression, anxiety, mental anguish, chronic pain, and permanent disabilities.
- Disability Accommodations: If modifications to a home or vehicle are needed due to the motorcycle accident, these costs can be covered via an insurance claim or personal injury settlement.
- Property Damage: You can claim compensation to repair or replace your motorcycle, electronic devices, and any other personal property that was damaged in the collision.
- Punitive Damages: In cases where the defendant’s actions were particularly reckless or grossly negligent, additional damages might be awarded to deter similar behavior from occurring in the future.
Wrongful Death in Motorcycle Accidents
When a motorcycle accident results in death, surviving family members have specific legal rights under Georgia law:
Eligible Claimants:
- Surviving spouse
- Children if no spouse exists
- Parents if no spouse or children exist
- Estate representative for other beneficiaries
Recoverable Damages:
- Full value of the deceased’s life
- Medical expenses before death
- Funeral and burial costs
- Lost wages and benefits
- Loss of companionship
- Mental anguish and emotional suffering
Time Considerations:
- Two-year statute of limitations from date of death
- Special deadlines for government entity claims
- Importance of prompt investigation
- Evidence preservation requirements
Our Atlanta wrongful death lawyers are here to help you every step of the way.
Timeline of a Atlanta Motorcycle Accident Claim
The process of filing a motorcycle accident claim in Georgia can be as short as a few months to as long as a few years, depending on the complexities involved. Several stages are involved, which begin with scheduling a free consultation with an attorney. Your lawyer from Monge & Associates can guide you through your motorcycle accident claim, providing valuable support and advice during each of the following steps.
Receiving Medical Treatment
Immediately after a motorcycle accident, your priority should be to seek medical attention. Even if injuries seem minor, some conditions may manifest later and may cause complications. Your medical records will serve as valuable evidence in your case, helping prove the nature and extent of the damages that you suffered. Additionally, your lawyer will want to wait until you reach maximum medical improvement so that you have a clearer picture of your medical and financial needs.
Investigating and Preparing Your Case
Once you’re medically stable, the next step involves gathering evidence. This might include photographs from the accident scene, witness testimonies, and police reports. A thorough investigation can strengthen your case and provide a clear picture of the events leading to the accident.
Filing an Insurance Claim
Before a personal injury lawsuit, an insurance claim is typically filed. This process involves notifying the at-fault party’s insurance provider about the accident and your intention to claim damages. The insurer will assess and investigate the claim, which might involve evaluating medical reports, repair costs, and other related expenses. The company may offer a settlement, and your attorney may need to negotiate with the insurer to ensure that it meets your needs.
Filing a Personal Injury Lawsuit and Discovery
If the insurance company refuses to pay a fair settlement, you may need to file a personal injury lawsuit in civil court. After filing, both parties gather information in a phase called ‘discovery’. This involves exchanging evidence, taking depositions, and understanding the opponent’s strategy.
Pre-Trial Negotiations
Before heading to trial, both parties may engage in negotiations in an attempt to reach a mutual agreement. During these discussions, your attorney and the defendant’s lawyer exchange evidence, evaluate the strength of each other’s cases, and consider potential settlement amounts.
Trial and Verdict
If a settlement isn’t achieved, the case proceeds to trial. Here, both parties present their arguments, witnesses are cross-examined, and evidence is reviewed. Once all arguments are presented, a judge or jury delivers a verdict. Depending on the decision, you may recover compensation at this stage.
Passenger Rights in Motorcycle Accidents
As a motorcycle passenger, you have unique rights and considerations in accident claims:
- Passengers can file separate claims from the motorcycle operator
- Multiple insurance policies may be available for passenger claims
- Passengers rarely share fault in motorcycle accidents
- Different legal strategies apply for passenger claims
If you were injured as a passenger, you may have claims against:
- The motorcycle operator
- Other involved drivers
- Vehicle or parts manufacturers
- Government entities responsible for road maintenance
What Is the Statute of Limitations for Atlanta Motorcycle Crash Claims?
In Georgia, you typically have two years after an accident to file a motorcycle accident claim, as stated by Georgia Code § 9-3-33. If you file your claim after the statute of limitations passes, the court will most likely dismiss your case unless you qualify for a rare exception. Additionally, if your claim involves a government entity, you may have a shorter period to file.
To protect your right to a fair settlement, it is important to act swiftly after a motorcycle accident. In addition to court rules, witnesses might become unreachable over time, memories can fade, and vital evidence can get lost. An Atlanta motorcycle accident lawyer can help determine your filing deadline and initiate your case as soon as possible, helping you comply with this critical statute.
How Much Does A Motorcycle Accident Lawyer Cost You?
Our firm operates on a contingency fee basis, meaning:
- No upfront costs to clients
- Fees only charged if we win your case
- Percentage-based fee structure
- Clear explanation of case-related expenses
Notable Case Results
We are proud to have secured numerous favorable verdicts and settlements on behalf of motorcycle accident victims in Atlanta, GA. Some of our firm’s successful results include:
$1,250,000 Recovered
We filed a lawsuit for a client who suffered a testicular injury when his motorcycle was hit by a seventeen-year-old motorist and recovered a significant financial award.
$1,200,000 Wrongful Death Lawsuit
We filed a wrongful death lawsuit on behalf of a woman who lost her husband in a motorcycle accident. The victim was killed when another driver carelessly pulled out in front of his motorcycle.
$400,o00 Recovered
After a motorcycle collision, the victim’s insurance company claimed that $100,000 in damages was the maximum amount covered under full policy limits. After negotiation, our attorneys were able to secure 4x that amount for our client.
While these are just a few examples of cases we’ve handled in the past, you can trust that we will fight tirelessly to secure the maximum amount of compensation in your case. Call today to secure a free initial consultation with one of our Atlanta motorcycle accident attorneys.
Why Are Motorcycle Accidents So Devastating?
Riding a motorcycle can be a thrilling and liberating experience. The open road, the wind in your hair, the freedom to explore new horizons—a feeling like no other. However, when a ride takes a turn for the worse, and an accident occurs, it can feel like your world is crashing down around you.
The consequences of a motorcycle accident can be devastating. Due to a motorcycle’s lack of protection, a rider is more vulnerable to serious injuries. Broken bones, spinal cord injuries, traumatic brain injuries, and road rash are just a few of the common injuries suffered in motorcycle accidents. These injuries can result in significant pain, disability, and the need for long-term medical treatment.
Moreover, the financial impact of a motorcycle accident can be staggering. Medical expenses can quickly add up, especially if you require ongoing rehabilitation or specialized care. Additionally, you may be unable to work due to your injuries, resulting in lost wages and financial strain.
Amid the physical pain and financial turmoil, you shouldn’t have to bear the legal burden alone. Our compassionate and skilled Atlanta motorcycle accident attorneys are here to guide you through this difficult time and fight for the justice and compensation you deserve.
Georgia Motorcycle Accident Statistics
Georgia experienced a peak in motorcycle fatalities in 2022, with 221 motorcyclists losing their lives on state roadways. Of these fatalities, the majority of riders (191) were wearing helmets at the time of the crash, while 27 were not helmeted, and helmet usage was unknown in 3 cases. In 2023, there was a slight decrease in the number of motorcycle fatalities, with 210 motorists losing their lives in collisions.
In the Atlanta metropolitan region, which encompasses eleven counties (Cherokee, Clayton, Cobb, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, and Rockdale), motorcycle fatalities increased by 8% from 2021 to 2022, rising from 76 to 82 deaths.
This increase in the Atlanta region was significant, though not as severe as the increases seen in other parts of the state, with Other Urban regions seeing a 15% increase and Rural areas experiencing an 18% rise in motorcycle fatalities.
The financial impact of motorcycle crashes has also been substantial, with Georgia recording $270 million in motorcycle-related hospitalization and emergency room charges in 2022.
Across Georgia’s various injury tracking systems, motorcyclists represented:
- 11% of all suspected serious injuries (933 cases)
- 5% of EMS transports (2,862 cases)
- 13% of trauma center patients (1,573 cases)
- 4% of emergency room visits (3,382 cases)
- 13% of hospitalizations (1,157 cases)
Injuries Caused by Motorcycle Accidents
Motorcyclists face a unique vulnerability on the road due to their limited physical protection compared to those inside vehicles. Consequently, they can experience severe injuries during accidents, such as the following:
- Internal Injuries: These are injuries to vital organs like the liver, spleen, or kidneys. These injuries can result from the force of impact, even if there’s no external wound, and can be life-threatening if not promptly addressed.
- Brain Injuries: Even with the protection of a helmet, motorcyclists are at risk for traumatic brain injuries. Concussions are common, and more severe cases can lead to long-term cognitive impairments
- Neck, Back, and Spine Injuries: Motorcycle accidents can cause whiplash, slipped discs, or even spinal cord injuries. These injuries can cause symptoms that range from mild discomfort to paralysis.
- Rib Injuries: A motorcyclist can suffer from broken or fractured ribs due to the direct impact of the collision or being thrown off the bike.
Common Causes of Motorcycle Accidents in Atlanta
A motorcycle accident can happen for a variety of reasons, but some causes are more prevalent than others. Understanding these common causes can help you stay vigilant on the road and minimize your risk of being involved in an accident.
Here are some of the most common causes of motorcycle accidents in Atlanta:
- Drivers impaired by alcohol or drugs: Operating a vehicle under the influence of alcohol or drugs is illegal and extremely dangerous. Impaired drivers have reduced reaction times and impaired judgment, making them more likely to cause accidents involving motorcycles.
- Blind spots: Motorcycles are smaller and more maneuverable than other vehicles, making them easier to miss in blind spots. When a driver fails to check their blind spots before changing lanes or making turns, they can collide with a motorcycle.
- Distracted drivers: In today’s digital age, distracted driving has become a significant problem. Drivers texting, talking on the phone, eating, or engaging in other distractions are not entirely focused on the road, increasing the risk of motorcycle accidents.
- Fatigued drivers: Fatigue can impair a driver’s ability to stay alert and react quickly to changing road conditions. When a driver is drowsy or fatigued, they may drift into other lanes or fail to notice a motorcycle, leading to an accident.
- Head-On Collisions: Head-on collisions are particularly dangerous for motorcyclists. When a driver crosses into the opposite lane and collides with a motorcycle, the results can be catastrophic.
- Motorists making left turns: Left-turn accidents are a common scenario for motorcycle accidents. When a driver fails to yield the right of way or misjudges the speed of an approaching motorcycle while making a left turn, a collision can occur.
- Lane splitting: Lane splitting refers to the practice of riding between lanes of slow-moving or stopped traffic. Although legal in some states, lane splitting is illegal in Georgia. When motorcyclists engage in lane splitting, they increase the risk of accidents due to their close proximity to other vehicles.
- Taking curves or turning corners too quickly: Motorcycles are designed for agility and maneuverability, but excessive speed when taking curves or turning corners can lead to loss of control and accidents.
- Speeding: Speeding is a common factor in many accidents, including motorcycle accidents. Higher speeds reduce the time available for drivers to react to changing situations, making it more likely for them to collide with motorcycles.
Single-Vehicle Motorcycle Accidents
While many assume single-vehicle accidents are always the rider’s fault, various factors can contribute to these crashes:
Road Condition Issues:
- Poorly maintained surfaces
- Inadequate warning signs
- Dangerous design elements
- Construction zone hazards
Government Liability:
- State responsibility for highway maintenance
- County liability for local road conditions
- Municipal responsibility for city streets
- Timeline requirements for government claims
Documentation Requirements:
- Photographs of road conditions
- Maintenance records
- Previous accident reports
- Expert testimony on road design
Contact an Atlanta Motorcycle Accident Lawyer at Monge & Associates
If you or a loved one has been injured in a motorcycle accident, it is crucial to seek legal representation as soon as possible. The liable insurance companies may try to minimize your claim or shift the blame onto you. Our motorcycle and truck accident lawyer in Atlanta is here to protect your rights and ensure you receive the compensation you deserve.
Don’t delay. Contact Monge & Associates today at 888-653-0605 for a free consultation. We will evaluate your case, answer your questions, and provide the guidance and support you need during this challenging time. We are here to fight for you and help you move forward toward a brighter future.
Atlanta Office:
1718-1720 Peachtree Street NW, Suite 426
Atlanta, GA 30309
Local (404) 383-5634
Toll Free (888) 653-0605