Tifton Motorcycle Accident Lawyer
Motorcycle accidents are among the most serious accidents on the highway. No other motorists are exposed to potential physical harm like a motorcycle rider because the vehicle offers zero in terms of protection that is provided with a standard passenger vehicle. Motorcycle enthusiasts understand this transportation danger, but many times other drivers on the roadway are not always aware of their surroundings regarding alternative traffic. This means that motorcycle operators are not only exposed for injury due to minimal protection, but they are also susceptible to being hit by other vehicles on highway. Motorcycle accidents also need not occur at a high rate of speed for injuries to be severe, which is common with a typical four-wheel vehicle accident. Even seemingly minor mishaps can produce significant physical damage, which are injuries that will require the expertise of an experienced Tifton motorcycle accident lawyer to represent the case for full compensation.
Defending the Stereotypes
All insurance companies use every technicality available when attempting to lessen the value of an injury claim, including the stereotypes associated with motorcycle riders. Motorcyclists are typically perceived as daredevils of sorts, but the truth is they are of the safest motorists on the road because all riders understand that a quick mistake can result in a very serious injury, if not death. Fatalities are common results of motorcycle accidents, and many times motorcycle accident lawyers find themselves fighting false assertions from insurance companies when comparative negligence is an issue in an accident case. This can be vital in a Georgia motorcycle accident claim because state comparative negligence law holds that anyone over 50% responsible for their own injuries can be denied medical benefits from the responsible insurance company. Your Tifton motorcycle accident lawyer from Nelson & Smith understands how defending attorneys attack injured motorcycle accident claimants and is prepared to build a strong case to the contrary.
Comparative Negligence in Georgia
All states use some form of comparative negligence law when adjudicating highway accidents. The bias against motorcycle enthusiasts can be a problem when negligence s being determined, as each party to a crash is assessed for personal contribution to causation. The state of Georgia uses modified comparative negligence law with a bar from being compensated for injuries set at 50%. This means that injured motorcyclists who are over half at fault for their own injuries are not allowed any compensation, which gives insurance companies incentive to defend strongly against all claims that are not obviously the fault of their client. Final determination of fault is conducted by a jury when a case goes to a full trial, which is not uncommon regarding motorcycle accident claims. Those found partially at fault for a wreck will have their settlements reduced by the percentage of fault assigned by the court following a trial. This is the component of a claim in which your Tifton motorcycle accident lawyer from Nelson & Smith works most diligently in protecting the legal rights of their clients and knows how to combat unreasonable claims by the defendant.
Motorcycle crashes always produce significant if not fatal injuries, and an experienced Tifton motorcycle accident lawyer understands how to set a value on the claim with respect to general damages for pain-and-suffering. The extent and ramifications of the rider’s injuries are always the central factor when determining a settlement, and every accident case is unique in some aspect. Compensation for personal property damage, lost wages, and medical bills are pecuniary items that can be calculated by specific amounts, but general damages are different evaluations. Some attorneys use a multiplication factor and others apply a per diem approach, especially when injuries will be long-term or permanent. In addition, many insurance companies will want a full medical release from future medical coverage, which will also enhance a settlement offer considerably. Calculating wrongful death damages can also be a challenging task, not to mention the fact that both the fatally injured rider and the family can pursue damages in separate legal actions. Punitive damages could also be available in certain cases when gross negligence can be proved by the plaintiff trial attorney, often applied in a accident case involving alcohol use.
Contact Nelson & Smith Attorney at Law
Never attempt handling a motorcycle accident injury claim personally because insurance claims adjusters are trained professional negotiators who are focused on reducing the value of any potential claim. Always call an experienced motorcycle accident attorney like the legal pros at Nelson & Smith and put their experience to work for you.