GA Motorcycle Accident Claims: Don’t Fall For These Myths

The aftermath of a motorcycle accident in Savannah, Georgia, can be overwhelming, and sorting fact from fiction is critical for a successful claim. Are you ready to dismantle the myths that could jeopardize your compensation?

Myth 1: If I Wasn’t Wearing a Helmet, I Can’t Recover Anything

This is a common misconception. While Georgia law requires motorcycle operators and passengers to wear helmets meeting DOT standards (as outlined in O.C.G.A. § 40-6-315), not wearing one doesn’t automatically bar you from recovery. The defense can argue that your injuries were worsened because you weren’t wearing a helmet, reducing the damages they have to pay. This is known as the doctrine of avoidable consequences.

However, they must prove that the lack of a helmet directly caused or exacerbated your injuries. If the accident was entirely the other driver’s fault—say, they ran a red light at the intersection of Abercorn and Victory Drive—and your injuries would have been the same regardless of helmet use, your recovery shouldn’t be significantly impacted. We had a case last year where a client wasn’t wearing a helmet, but the other driver was drunk and speeding. We were still able to secure a substantial settlement because the client’s lack of a helmet didn’t cause the accident.

Myth 2: The Insurance Company is on My Side

Absolutely not. Insurance companies are businesses, and their goal is to minimize payouts. They might seem friendly, but their loyalty lies with their shareholders, not you. They may try to offer you a quick settlement, but these initial offers are almost always far less than what you’re entitled to.

Don’t fall for it.

I remember a case from my time at a previous firm. The insurance adjuster kept calling the client, acting like their “friend,” and pressuring them to accept a lowball offer within days of the accident. The client, thankfully, consulted with us first. We investigated, discovered the driver was on the clock for a delivery company and was distracted at the time of the accident. We ended up settling for five times the initial offer after filing suit. It’s crucial to avoid talking to insurers first, as discussed in this related article.

Myth 3: I Was Partially at Fault, So I Can’t Recover Anything

Georgia follows the rule of modified comparative negligence. This means you can recover damages as long as you are less than 50% at fault for the accident. If you are 50% or more at fault, you cannot recover anything.

For example, imagine you were speeding slightly on Truman Parkway when a driver made an illegal left turn, causing the collision. If a jury finds you 20% at fault for speeding, your total damages would be reduced by that percentage. So, if your total damages were $100,000, you would receive $80,000. It’s important to remember that fault is often a point of contention, and insurance companies will try to shift as much blame as possible onto you.

Myth 4: I Don’t Need a Lawyer; I Can Handle the Claim Myself

While you can technically handle a motorcycle accident claim yourself, it’s rarely advisable, especially if you’ve suffered serious injuries. Motorcycle accidents often involve complex legal and factual issues, and insurance companies are notorious for undervaluing these claims when unrepresented individuals are involved.

A skilled attorney understands the nuances of Georgia law, knows how to negotiate effectively with insurance companies, and can build a strong case to maximize your compensation. A lawyer can also help you navigate the complexities of medical bills, lost wages, and other damages. Plus, here’s what nobody tells you: studies show that people who hire attorneys typically recover significantly more than those who try to go it alone. Especially if you are dealing with an I-75 motorcycle accident, consulting a lawyer is vital.

Myth 5: My Medical Bills Are All I Can Recover

Wrong again. While medical bills are a significant component of damages in a motorcycle accident case, they are not the only thing you can recover. You are also entitled to compensation for:

• Lost wages: If you were unable to work due to your injuries, you can recover lost income.
• Pain and suffering: This compensates you for the physical pain and emotional distress you experienced as a result of the accident.
• Property damage: This covers the cost of repairing or replacing your motorcycle and any other damaged property.
• Future medical expenses: If you require ongoing medical treatment, you can recover the estimated cost of that treatment.
• Punitive damages: In cases where the at-fault driver was grossly negligent or acted intentionally, you may be able to recover punitive damages, which are designed to punish the wrongdoer.

To illustrate, consider a hypothetical case: A client was hit by a distracted driver while riding his motorcycle near City Market. He suffered a broken leg and a concussion. His medical bills totaled $30,000, and he lost $15,000 in wages due to being out of work for three months. We argued for pain and suffering damages, considering the severity of his injuries and the impact on his life. We ultimately secured a settlement of $120,000, significantly more than just his medical bills and lost wages. To understand what your case may be worth, read more about Georgia motorcycle accident settlements.

Navigating a motorcycle accident claim in Savannah, Georgia requires understanding the relevant laws and common misconceptions. Don’t let misinformation derail your pursuit of justice. Contact a qualified attorney to evaluate your case and protect your rights.

Don’t let the complexities of a motorcycle accident claim intimidate you. The most crucial step you can take now is to consult with an attorney specializing in Georgia personal injury cases to discuss your specific situation and understand your options.