Savannah Motorcycle Accident Attorneys

Who is Responsible for Paying My Medical Bills?

Your outlet for recovering compensation after a motorcycle accident will depend on your insurance policy and who is liable for the collision. Georgia is a fault-based state, meaning the responsibility for damages will generally fall on the driver who caused the accident. You can receive coverage for your medical bills and other expenses by filing a claim with their insurance company. If your own insurance policy includes personal injury protection, you may be able to receive benefits through your own provider as well.

It is possible that another party could be liable for your damages. In cases of vehicle malfunction, the car or motorcycle manufacturer or a mechanic could be liable for damages. Other causes of motorcycle accidents that could be the fault of a third party may include road conditions and weather, intoxication (in which the business that supplied alcohol could be liable for damages), or construction and other hazards.

Compensation Available for Motorcycle Accident Victims

Collisions involving motorcycles can be devastating. Without the level of protection offered by a car or truck, being struck while riding a motorcycle can result in severe injuries. If you were injured in a motorcycle accident in Georgia that was due to someone else’s negligence, you might be entitled to substantial compensation to help you pay for all of the damages you have and will likely suffer.

Our skilled Savannah motorcycle accident lawyers can help you file a claim to recover compensation for several damages, including:

• Past, present, and future medical bills: Everything from surgeries and extended hospital stays to prescription medications and years of rehabilitative therapies should all be covered by the compensation provided to you by the defendant’s insurance company. To help our attorneys better build your case with convincing evidence, please save copies of your medical bills, receipts, and records for us to analyze.
• Lost wages for missing work: Missing work because you are in the hospital or bedbound can devastate your finances. Our lawyers can work with your employer to get a full understanding of what wages you have missed and what work you typically conduct there that has now been interrupted because of your injuries. You deserve your missing wages to be repaid, even if you have been paid partially through disability insurance or workers’ compensation.
• Loss of future income earning ability: Disabilities and life-changing injuries can prevent you from completing your work as you did before, even with plenty of time set aside to heal. For example, if you were a dentist and your hands were broken in your motorcycle accident, then you probably cannotuse delicate dental tools anymore, which will hurt your earning capacity for the rest of your life. This gap in what you probably would have earned but now will earn in a different career or job position can be covered in your damages.
• Permanent disability or disfigurement: You can be financially compensated for permanent disabilities or disfigurements caused by your motorcycle accident. While you are entitled to damages to treat your injuries, this form of damage is an additional type of injury-related damage beyond that amount. Obtaining a disability rating from a medical professional can help our attorneys determine what this damage type should equal.
• Costs associated with repairing or replacing your motorcycle: If your motorcycle was wrecked, then you should not be the one to pay for its repair or replacement. Vehicle repair costs can be difficult to pursue because insurance caps are often much lower than what is needed. We might need to find secondary insurance policies to pursue or use careful negotiations to get you a fair amount.
• Additional expenses incurred due to the accident: Extra bills big and small can be demanded in your motorcycle claim as long as those bills are associated with the accident. For example, rental car costs, miscellaneous court processing fees, and even elective therapy to deal with PTSD symptoms could be named as an additional yet necessary expense that must be repaid.
• Pain and suffering: One of the biggest damages in your motorcycle accident claim could be those associated with your pain, suffering, PTSD, and undue hardship. It is common for motorcyclists to be diagnosed with depression or anxiety after suffering from severe injuries that could keep them from riding ever again. Your emotional pain and traumatization matter and they must be counted as damages that the liable party should pay.

Insurance Policies Used to Pay Your Damages

There are five types of insurance policies that might provide a portion of your damages:

1. Bodily injury liability: Pays for medical expenses and lost wages you have suffered due to your injuries.
2. Property damage liability: Pays for damage to your motorcycle, either for replacement or repair.
3. Uninsured/underinsured motorist (UM/UIM): Pays for medical costs, lost wages, and vehicle repair costs not covered by the liable party because they had no or not enough insurance, but only if you purchased this policy from your own insurer as an additional premium.
4. Collision: Pays for damages to your motorcycle as part of a necessary premium sold by your insurer.
5. Medical: Pays for medical costs associated with your injuries to get you immediate medical care, but will likely need to be repaid to the insurer when your claim is concluded.

Proving Fault in a Motorcycle Injury Claim

Proving fault is crucial in any personal injury claim, but it can be particularly challenging in motorcycle accidents due to the inherent biases and misconceptions often associated with bikers. In this blog post, we'll delve into the nuances of proving fault in a motorcycle injury claim in Georgia and offer insights into how you can protect your rights as a motorcyclist.

Georgia operates under a "comparative fault" system when it comes to personal injury claims. This system allows accident victims to recover compensation even if they were partially responsible for the accident, as long as their level of fault does not exceed 50%. However, the compensation amount is reduced by the percentage of fault assigned to the victim.

For example, if you are found to be 20% at fault for a motorcycle accident, your compensation will be reduced by that same percentage. So, if your total damages amount to $100,000, you will receive $80,000, which reflects the 20% reduction due to your own fault.

To prove fault in a motorcycle injury claim, you need strong evidence to support your case. Here are some key steps to consider in collecting evidence:

• Gather Witness Statements: Eyewitnesses can play a crucial role in establishing fault. Collect statements from anyone who saw the accident happen. Their unbiased accounts can provide valuable insight into how the accident unfolded.
• Document the Scene: Take photos and videos of the accident scene, including skid marks, debris, traffic signs, and road conditions. Visual evidence can help recreate the accident and support your version of events.
• Police Reports: Always call the police to the scene of the accident, and ensure that they file an accident report. This report can serve as an official document detailing the circumstances of the accident.
• Medical Records: Keep thorough records of your medical treatment, including doctor's notes, hospital bills, and photographs of your injuries. These records demonstrate the severity of your injuries and the medical attention you required.
• Accident Reconstruction Experts: In complex cases, accident reconstruction experts can recreate the accident to determine how it happened. Their expertise can be invaluable in proving fault.
• Surveillance Footage: If the accident occurred near a business or intersection with security cameras, request surveillance footage that may have captured the accident. This can provide indisputable evidence of what transpired.
• Cell Phone Records: In cases involving distracted driving, cell phone records can be essential. They can reveal whether the other party was using their phone at the time of the accident.
• Maintenance Records: If mechanical failure of your motorcycle is a potential factor, gather maintenance records to prove that your bike was in good working order before the accident.
• Expert Testimony: Consult with medical professionals, accident reconstruction experts, and other specialists who can testify on your behalf, offering their expert opinions regarding the accident and your injuries.

Proving fault in a motorcycle injury claim often involves establishing liability on the part of the other driver. Here are some common scenarios in which liability may be established:

• Violation of Traffic Laws: If the other driver violated traffic laws, such as running a red light or failing to yield, their negligence may be a key factor in establishing liability.
• Distracted Driving: If the other driver was distracted by texting, talking on the phone, or engaging in any other behavior that took their attention away from the road, this can be strong evidence of negligence.
• Drunk Driving: If the other driver was under the influence of alcohol or drugs at the time of the accident, their impairment can establish a strong case for liability.
  Failure to Check Blind Spots: Motorcycle riders are often more vulnerable in traffic due to their smaller size. If the other driver failed to check their blind spots or failed to see the motorcycle, it can indicate negligence on their part.
• Unsafe Lane Changes: If the accident resulted from an unsafe lane change made by the other driver, this can be a clear sign of their negligence.
  Speeding: Excessive speed is a common factor in many accidents. If the other driver was speeding at the time of the collision, it can help establish liability.

It's important to acknowledge that motorcyclists often face biases when it comes to personal injury claims. Some people hold negative stereotypes about bikers, assuming they are reckless or responsible for their accidents. These biases can influence the perception of fault, making it even more crucial to gather strong evidence to support your claim.

To combat bias, work with a Savannah motorcycle accident attorney who understands the unique challenges faced by motorcyclists. Our team can help build a compelling case and advocate for your rights in negotiations or in court.
 

Powerful, Comprehensive Representation

With so much at stake, do not face the insurance companies alone. Reach out to Jamie Casino Injury Attorneys before you make another move. Our Savannah motorcycle accident attorneys are skilled at negotiating with insurers for a fair settlement. If no fair deal can be made, we have the knowledge and experience to take your claim to court.

Call (912) 809-5335 now to receive reliable legal advice from Attorney Jamie Casino and the rest of our team.

Motorcycle Accident FAQ:

Additional Reading:

• Different Ways Drivers Cause Motorcycle Accidents