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There is nothing like the freedom you feel when you take your motorcycle for a spin. Millions of people have swapped their passenger vehicles for choppers, hogs, and Harleys during motorcycle season. Unfortunately, this is also why the number of motorcycle injuries has remained alarmingly high over the past 30 years. A motorcycle rider is vulnerable when a traffic crash occurs – and the simple fact is that the biker usually is not the cause of the accident. David Brauns believes you deserve more – not less – for sustaining serious injuries. That is why he dedicates his life to helping people like you get the help they need.
If you have suffered an injury in a Duluth motorcycle accident, the Duluth motorcycle accident lawyers at Brauns Law Accident Injury Firm can help you recover compensation for your medical bills, lost wages, property damage, pain and suffering, and other damages that you have incurred. You can contact us at (404) 975-2634, or through our online contact form.
Although motorcycles allow riders to feel a sense of freedom that they would otherwise not get from driving a car, this “freedom” comes with a price – poor protection. Motorcycles are inherently less safe than regular cars because they provide little protection for riders and passengers. As a result, motorcyclists are 26 times as likely as car drivers to die in an accident per vehicle mile, and five times more likely to become injured, according to the Insurance Information Institute.
This is why David Brauns has spent the last decade acquiring the knowledge and experience needed to help those who suffered excruciating motorcycle injuries in Duluth Georgia, including but not limited to:
You may try to convince yourself that an increased risk of injury is only true if you are in an accident. As long as you are careful, you do not have to worry, right?
Wrong! In addition to a greater risk for injury in the event of an accident, motorcyclists also have an increased risk of getting into accidents. Due to their smaller size and decreased stability (two wheels instead of four), motorcycles are subject to the following accident risks.
- Cars and pedestrians failing to see them. Motorcycles are harder to spot in mirrors and in peripheral vision. But car and truck drivers simply are not accustomed to look for smaller vehicles. “Gee, officer, I just didn’t see him,” is a common excuse for motorcycle wrecks. Pedestrians also often fail to see motorcyclists, which can lead to catastrophic injuries for both parties.
- Trucks braking in front of them. Motorcycles are maneuverable, but braking fast to avoid a collision can cause a loss of stability.
- Other reckless bikers. Some motorcyclists get dangerously daring, and they become a hazard to others sharing the road.
- Open doors. Countless motorcycle accidents have occurred when passenger vehicle occupants open car doors without looking.
- Failure to abide by the rules of the road. Too often, other drivers refuse to yield the right of way to motorcyclists, fail to signal their intentions, or do not grant bikers safe use of a full lane. The result is often tragic.
- Drunk drivers. Intoxicated drivers already have demonstrated poor judgment, and they cannot be trusted to drive cautiously around smaller vehicles.
- Defective bike design or parts. If the bike was poorly designed or manufactured, then the manufacturer or a parts manufacturer could be liable for any damages that result from an accident.
- Road hazards. A government entity responsible for road upkeep, or a trucking company whose vehicle spilled cargo onto the roadway could be liable should those hazards cause a motorcycle accident.
Motorcycle accidents can result in serious and sometimes catastrophic injuries, including bone fractures, traumatic head and brain injuries, internal injuries, spinal cord injuries (including paralysis), and even death. One of the main reasons Duluth motorcycle accidents result in such severe injuries is that motorcyclists have very little protective covering while operating their vehicles on the road, except for their helmets. Therefore, if a motorcyclist falls to the ground in an accident, there is a good chance that they will receive a serious (and possibly permanent) injury.
In some cases, the injuries that a motorcyclist gets in an accident are so severe that they lead to their untimely death.
Driver negligence is another common cause of motorcycle accidents, but there are other causes of these accidents. The experienced Duluth motorcycle accident attorneys at Brauns Law Accident Injury Firm can help you file a claim or lawsuit against the person or persons who are responsible for your accident and can help you pursue the monetary compensation that you deserve.
Where do Duluth motorcycle accidents usually occur?
Motorcycle accidents can occur anywhere that motor vehicles are present, including busy interstate highways and rural, two-lane country roads. Motorcycle accidents that occur on interstate highways in and around Duluth, including on I-85, are arguably the most serious. Vehicles involved in accidents on busy highways are usually traveling at high rates of speed. Such accidents are also more likely to include multiple vehicles.
In addition to highways and country roads, motorcycle accidents can also take place in the parking lots and public parking garages, especially in areas where there is low or limited visibility.
No matter where your motorcycle accident takes place, the experienced Duluth motorcycle accident attorneys at Brauns Law Accident Injury Firm can investigate the circumstances of your accident and help you pursue monetary compensation from the person or entity who caused your accident.
How do Duluth motorcycle accidents typically occur?
Motorcycle accidents in and around Duluth can happen for a variety of reasons. In some cases, these accidents result from driver negligence; at other times, poor road maintenance causes a motorcycle operator to lose control over the motorcycle.
Some of the most common causes of motorcycle accidents include:
- Negligent motor vehicle operation – Cars and trucks are much larger than motorcycles. The drivers of these vehicles are responsible for making sure they operate them using the necessary amount of reasonable care. Drivers exercise reasonable care by following all of the applicable traffic laws and regulations, such as obeying traffic signs and control devices, making safe lane changes, and making sure to drive within the posted speed limit. When drivers do not follow these basic traffic laws, they increase their chances of colliding with a smaller motor vehicle, such as a motorcycle.
- Distracted motor vehicle operation – Part of operating a motor vehicle safely and reasonably means paying attention to the roadway at all times. Drivers cannot do this effectively if they are sending text messages or emails on electronic devices, or otherwise diverting their attention from the roadway for even a small period of time. Motorcycles are much smaller than other vehicles on the road, and they can be difficult to notice if a driver is distracted even for a few seconds. When motor vehicle operators are behind the wheel, they should be giving one hundred percent of their attention to operating their vehicles safely.
- Intoxicated motor vehicle operation – In Georgia, a blood alcohol concentration (BAC) of 0.08 percent is the standard limit for operating a motor vehicle safely. Lower limits apply to individuals who operate commercial vehicles, as well as minors who are under 21 years of age. When police charge a driver with operating their motor vehicles while under the influence of alcohol or drugs, the driver can receive both criminal charges and civil penalties. In addition, an injured victim can sue such a driver, if the driver’s intoxication resulted in a collision with another motor vehicle (including a motorcycle) or a pedestrian. When drivers are intoxicated while behind the wheel, their reaction time may decrease, and they may not see a motorcycle in time to avoid colliding with it.
- Poor road maintenance – In some cases, motorcycle accidents have nothing to do with negligent motor vehicle operation. Instead, accidents can occur when a state or town does not maintain its roadways adequately. Governmental entities are usually responsible for properly maintaining their streets at all times and keeping them free from large potholes and other defects. Severe road defects may cause a motorcyclist to lose their balance and result in the operator or a passenger falling to the ground and sustaining serious injuries. In addition to governments, a construction company may also be responsible for a road defect that leads to a serious motorcycle accident.
- Manufacturing defects – Manufacturers owe a duty to consumers to ensure that their products are top quality and have been appropriately tested before making them available for sale to consumers. When a motorcycle part, such as a steering wheel and braking system, is not manufactured correctly or tested properly before sale, it can malfunction while a motorcycle is in operation on the road, bringing about a serious accident and injuries. When a defective motorcycle part plays a role in an accident, the accident victim may bring a claim or file a lawsuit against the product manufacturer and anyone else in the chain of product distribution.
Suppose you or someone you love sustained injuries in a motorcycle accident that involved any of the circumstances listed above. In that case, the knowledgeable Duluth motorcycle accident attorneys at Brauns Law Accident Injury Firm can assist you with taking legal action against the person or entity responsible. Our legal team will fight for your right to pursue and recover the monetary compensation that you deserve for the injuries you received in your accident.
How long do I have to file a personal injury claim or lawsuit arising from a Duluth motorcycle accident?
In Georgia, you have two years from the accident’s date to file a lawsuit for monetary damages arising from the injuries sustained. If the accident victim does not file a lawsuit within two years after the accident, a court will deny the claim. Additionally, the accident victim will no longer be entitled to any monetary payout. By failing to act promptly, an injured motorcyclist may involuntarily waive their claim for damages.
Given the relatively short statute of limitations, retain an experienced attorney in your motorcycle accident case as soon as possible. The knowledgeable team of experienced Duluth motorcycle accident lawyers at Brauns Law Accident Injury Firm can help you pursue monetary compensation for the injuries that you sustained in your accident by filing a claim or lawsuit promptly. It takes time to assess a case and prepare a claim, however, so the time to call for assistance is now.
Will I need to file a lawsuit to recover monetary compensation in my Duluth motorcycle accident case?
When your lawyer files a claim with the insurance company for the at-fault person or entity, the insurance company must decide whether to accept or deny the claim. If the insurance company accepts the claim, an adjuster should review all of the medical records and other supporting documentation before making an offer to settle the motorcycle accident case.
In almost all motorcycle accident cases, these initial settlement offers are much lower than what a victim needs to recover. Insurance companies do this to see if they can resolve the case for a minimal amount of money. After all, insurance companies want to spend the least amount of money that they possibly can to settle a Duluth motorcycle accident case.
It may take several rounds of negotiations between your attorney and the insurance company adjuster to reach a final settlement offer in your case. As the accident victim, you have the final say about whether or not you should accept a particular settlement offer in your case.
In some instances, insurance companies are incredibly hard-headed and will not offer a motorcycle accident victim the sufficient monetary compensation to fully and fairly settle a case. When that happens, your lawyer can file a lawsuit against the at-fault person on your behalf.
Filing a lawsuit means drafting a formal legal complaint and submitting it to the civil court. This submission begins the litigation process. However, just because your lawyer filed the complaint does not necessarily mean that a court of law will review your case. In fact, many motorcycle accident cases are settled long before the trial date.
The experienced Duluth motorcycle accident attorneys at Brauns Law Accident Injury Firm can help you decide whether you should accept a particular settlement offer or whether you should file a lawsuit and litigate your case in court. Once the court system receives the complaint, settlement discussions will typically continue. Your lawyer can help you decide whether you should accept a final settlement number or ultimately take your motorcycle accident case to trial.
What types of monetary damages can I recover in my Duluth motorcycle accident case?
The types of damages that you may be eligible to recover in a Duluth motorcycle accident case depend primarily upon the severity of your injuries and the extent of your medical treatment. If you sustained a severe injury, such as a bone fracture or traumatic head injury, requiring one or more medical procedures, the amount of compensation that you may be eligible to recover would likely be more than if you had just sustained a soft tissue injury (one that required minimal treatment).
In motorcycle accident cases, you may be eligible to recover economic damages. These are out-of-pocket costs associated with the accident and your injuries, including the cost of medical treatment, medical procedures, physical therapy, and rehabilitation. In addition, you may recover your lost wages if you couldn’t work during the time period of recovery following your accident. You may recover the anticipated costs of future medical expenses or treatment as well, such as the cost of a future surgery or injection.
In addition to these economic damages, you may also be eligible to recover non-economic damages. These damages compensate individuals for the pain, suffering, and inconvenience from which they suffered as a result of injuries sustained in a motorcycle accident. In addition to pain and suffering damages, the motorcycle accident victim may recover compensation for emotional distress, mental anguish, loss of earning capacity, permanent disability, loss of spousal companionship and family support, and other similar damages.
In some cases, the injuries that an accident victim sustained in a motorcycle collision were so severe that the accident victim passed away as a result. When that happens, the accident victim’s surviving family members may bring a wrongful death claim on behalf of their deceased loved one.
In some cases, an estate is opened for the deceased motorcycle accident victim, and a personal representative appointed for the estate. The personal representative of the estate can then pursue monetary compensation against the at-fault party, such as compensation for future loss of income from the decedent, pain and suffering that the decedent experienced leading up to their death, and loss of the decedent’s support and companionship.
If you or someone you love has sustained painful injuries in a motorcycle accident that was caused by a negligent person or entity, the skilled Duluth motorcycle accident attorneys at Brauns Law Accident Injury Firm can help you pursue and recover the monetary compensation that you need for the injuries you sustained in your accident. If a loved one died in a motorcycle accident, our knowledgeable legal team can assert a wrongful death claim on their behalf and pursue the necessary monetary compensation.
With all of the potential risks you take getting on your bike, it is time that you put your life and future in secure hands. Fill out our contact form or call us at 404-205-8792 to see how David’s passion to win fair settlements for his clients will drive him to provide you with the following.
- A complete analysis of your claim and thorough assessment of all damages, including injuries and necessary motorcycle repair.
- A personal, in-depth discussion (at least 45 minutes) about your needs and options for restitution.
- A thorough review of your case and estimate of recoverable compensation.
- A compassionate and empathetic development of a client-attorney relationship. We want to make sure you are 100 percent comfortable with us and our representation.
- Help organizing and dealing with medical bills and insurance.
- A complete education on the filing process, strategies going forward, and what to expect throughout the claim process.
- Help with gathering evidence for your claim.
- A willingness to fight for justice. We will press the opposition to make sure your needs are met, not theirs.
- Personal attention. We will do everything in our power to ensure that you are as comfortable as possible throughout this ordeal. This includes answering all of your questions and giving you the personal attention and reassuring confidence you need to get back on your feet.
What are you waiting for? Allow David to use his extensive knowledge and experience to work for you. Call now!
“I was treated with great care and compassion by David Brauns and his team. Both David and Nick Connelly were in constant communication with me throughout the process. Highly recommend.”
Rating: 5/5 ⭐⭐⭐⭐⭐
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