Highly Skilled Newnan Lawyer Helps Victims of Motorcycle Accidents
Personal service focused on maximizing your compensation
No vehicle lets you enjoy the freedom of the open road quite like a motorcycle. Unfortunately, that enjoyment can come at a price. Because you’re so exposed while riding, your injuries could be serious and even catastrophic. As you struggle to recover from an accident, trust The Law Office of S. Mark Mitchell, LLC to pursue full, fair compensation from any party whose negligence was a contributing cause. With more than 15 years of experience, I know the obstacles injured motorcyclists face in obtaining recovery for their damages. I am ready to provide the skilled representation necessary to secure the best possible results in settlement negotiations and at trial.
How Georgia helmet laws impact accident cases
Georgia Code § 40-6-315 requires all motorcyclists to wear helmets and have either a wind screen or eye protection. The helmets must meet the crash protection standards set by the Commissioner of Motor Vehicle Safety. Compliant helmets carry a “DoT” sticker. A rider who fails to wear a compliant helmet puts his or her life at risk and also risks losing a claim for compensation.
Georgia has a modified comparative negligence law, which reduces an injured party’s claim in proportion to that person’s fault. Injured parties who are 50 percent or more at fault for the accident cannot recover compensation. Failing to wear a helmet may be considered as fault if it was a cause of the accident or made the plaintiff’s injuries worse. Generally, this means that if you are claiming a head injury but you weren’t wearing a helmet, you’re going to have a hard time recovering compensation. However, for other injuries, failure to wear a helmet may not reduce your recovery.
How Georgia’s motorcycle traffic laws could impact your case
Georgia Code has several traffic laws that pertain specifically to motorcycles. These include:
- Full use of lane — Motorcycles are entitled to the full use of a traffic lane. Passing vehicles may not occupy any part of the lane the motorcycle is using. Motorcycles likewise may not pass a vehicle while in the same lane.
- Lane splitting — Motorcycles are not entitled to ride between lanes of traffic.
- Headlights — Motorcycles must have their headlights illuminated even in daytime.
Violations of these laws can be considered negligence. Although there would have to be proof that the violation was a contributing cause of the accident, evidence of a violation could be very damaging.
Steps to take after a motorcycle accident
If you are injured in a motorcycle accident, you should proceed the same way you would for a car accident. Call 911 and request the police and an ambulance. Exchange identifying information and insurance details with other drivers involved.
Under Georgia law, motorcyclists are required to carry insurance at the following levels:
- A minimum of $25,000 for bodily injury or death of one person
- A minimum of $50,000 for bodily injury or death of at least two people in one accident
- At least $25,000 coverage for property damage
The law requires carrying proof of insurance and presenting it in the event of an accident.
If you are able, take cellphone photos of the accident scene, vehicle damage and injuries. Get contact information from potential witnesses. When the ambulance arrives, get yourself check out and treated thoroughly. Finally, call a personal injury attorney as soon as you are able. When you retain our services, we go to work immediately to preserve evidence and build your case for recovery.
Contact a determined motorcycle accident attorney in Newnan
Motorcyclists face many obstacles to a successful settlement of their injury claim. A skilled and experienced Georgia attorney can make all the difference. To schedule a free consultation at The Law Office of S. Mark Mitchell, LLC in Newnan, call 470-344-8550 or contact me online.