motorcycle accident in Duluth

Have you suffered injuries in a motorcycle accident in Duluth, GA? If someone else caused the accident, their insurer could cover your medical bills, lost income, and other losses. Getting these big companies to honor their obligations can be challenging. But you don’t have to face them on your own. A motorcycle accident attorney from Brauns Law Accident Injury Lawyers, PC can advocate for your rights and demand the insurance company compensate you fairly.

Our legal team spends every day helping ordinary Georgians recover from life-altering accidents. We understand that you cannot afford for your case to drag on indefinitely. We have a thorough process and will use top-quality case management software to pursue your case quickly, efficiently, and effectively.

Contact Brauns Law Accident Injury Lawyers, PC today for a free initial claim evaluation with a Duluth motorcycle accident attorney. Let us fight for the financial recovery you need for your injuries.

Common Types of Injuries Caused by Duluth Motorcycle Accidents

Motorcyclists don’t have much to offer protection in a crash. They don’t have the safety features that passenger vehicle occupants do, such as seat belts and airbags. Consequently, they tend to suffer serious injuries in accidents.

The National Highway Traffic Safety Administration (NHTSA) reports that motorcyclists are four times more likely to be injured and 28 times more likely to die in collisions than passenger vehicle occupants. Some of the most common injuries caused by motorcycle crashes include:

  • Lacerations and abrasions
  • Degloving injuries
  • Burns
  • Crush injuries
  • Dislocated joints
  • Ligament sprains
  • Tendon and muscle strains

Georgia’s Motorcycle Laws

Georgia motorcycle laws help protect riders from accidents and injuries. Some of the most important laws governing motorcycle concern the following:

Helmets

Georgia has a universal helmet law requiring all motorcycle operators and passengers to wear helmets. Helmets must have a U.S. Department of Transportation certification sticker, which shows that the helmet meets Federal Motor Vehicle Safety Standard No. 218. Violating the helmet law carries a penalty of up to one year in jail and a potential fine of up to $1,000.

Riders must also wear goggles or have a face shield on their helmet when riding a motorcycle without a windshield.

Lane Splitting

Georgia law expressly makes it illegal to engage in lane splitting, which refers to riding a motorcycle between rows of traffic. The law also makes it illegal to practice lane filtering – slowly riding a motorcycle through slow or stopped traffic, usually to the front of traffic at an intersection.

State law gives motorcycles the right to the full width of a traffic lane. No vehicle can occupy a traffic lane next to a motorcycle, except two motorcycles may ride side-by-side in the same lane.

Motorcycle Equipment

Required features and equipment for motorcycles include:

  • At least one side mirror
  • Manufacturer-installed second seat and separate footrests for a passenger carried behind the operator
  • Turn signals
  • Handlebars no more than 15 inches above the operator’s seat
  • A muffler
  • A headlight and taillight, which riders must always have on

Helmet Cams

Although Georgia law does not expressly prohibit helmet cams, approved helmets may not have rigid projections outside the shell. Riders also may not modify helmets once purchased from the manufacturer. That means riders cannot drill holes or use screws to mount a helmet cam. Riders can use suction cups or adhesives to mount a helmet cam. However, they risk getting stopped by police to remove the camera due to the risk of the camera flying off and hitting someone.

Licensing and Insurance Requirements

Motorcycle operators must have a valid Class M license or instructional permit to operate a two- or three-wheeled motorcycle. Operators aged 17 and older can obtain a full license, while 16-year-olds can apply for an instructional permit which means the operator:

  • May ride only during daylight hours
  • Cannot carry passengers
  • Cannot use limited-access highways

Operators must also have liability insurance with minimum policy limits of:

  • $25,000 per person of bodily injury and death liability coverage
  • $50,000 per accident of bodily injury and death liability coverage
  • $25,000 per accident of property damage liability coverage

Getting Compensation for Your Injuries After a Motorcycle Accident

If someone else caused a motorcycle accident that injured you, you have the right to demand compensation for losses you suffered, including for:

  • Medical treatment and physical rehab
  • Long-term care and support services for permanent disabilities
  • Loss of income from missed time from work
  • Loss of future earning capacity and employment benefits
  • Pain and suffering
  • Repairs to your motorcycle or reimbursement for your totaled bike

When to Hire a Duluth Motorcycle Accident Attorney

You should contact a motorcycle accident attorney as soon as possible after a crash. Georgia’s statute of limitation on injury claims gives you only two years to file a lawsuit. Your attorney needs time to investigate the accident and prepare a persuasive legal case. If you wait too long to contact a lawyer, you may lose access to evidence for your case, your attorney may not have enough time to prepare your claim, and you may run out of time to file a lawsuit.

Duluth Motorcycle Accident FAQs

Motorcycle accidents can result in severe and sometimes catastrophic injuries, including bone fractures, traumatic head and brain injuries, internal injuries, spinal cord injuries, 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. If a motorcyclist hits the ground in an accident, there is a good chance that they will receive a serious and possibly permanent injury. In some cases, the damages that a motorcyclist suffers in an accident are so severe that they lead to their untimely death.

Driver negligence is a common cause of motorcycle accidents, but there are other causes. The experienced Duluth motorcycle accident attorneys at Brauns Law Accident Injury Lawyers, PC can help you file a claim against the parties responsible for your accident and pursue the monetary compensation you deserve.

Motorcycle accidents can occur anywhere 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. These accidents are also more likely to include multiple vehicles.

In addition to highways and country roads, motorcycle accidents can also occur in parking lots and public parking garages – especially in areas with low or limited visibility.

No matter where your motorcycle accident takes place, the attorneys at Brauns Law Accident Injury Lawyers, PC can investigate the circumstances of your accident and help you seek compensation from the person or entity who caused it.

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.

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 with reasonable care. Drivers exercise reasonable care by following all applicable traffic laws and regulations, such as obeying traffic signs and control devices, making safe lane changes, and driving within the posted speed limit. When drivers do not follow these basic traffic laws, they increase their chances of hitting a smaller motor vehicle, such as a motorcycle.
  • Distracted motor vehicle operation– Part of operating a motor vehicle safely and reasonably means always paying attention to the roadway. Drivers cannot do this effectively if they are sending text messages or emails on electronic devices, or otherwise taking 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 give 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 operators of commercial vehicles, as well as drivers under 21. When drivers are intoxicated while behind the wheel, their reaction time may decrease. Drunk drivers may not see a motorcycle in time to avoid colliding with it. If 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. An injured motorcycle victim can also sue the driver if their intoxication resulted in a collision.
  • 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 roads and keeping them free from large potholes and other defects. Severe road defects may cause a motorcyclist to lose their balance, hit the ground, and sustain 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. When a motorcycle part is not manufactured correctly or tested properly, it can malfunction while a motorcycle is on the road. When equipment such as a steering wheel or braking system fails, it can cause serious accidents and injuries. If a defective motorcycle part plays a role in an accident, the accident victim may file a lawsuit against the product manufacturer and anyone else in the product distribution chain.

If you or someone you love sustained injuries in a motorcycle accident, the knowledgeable Duluth motorcycle accident attorneys at Brauns Law Accident Injury Lawyers, PC can help you take legal action against the person or entity responsible. Our legal team will fight for your right to pursue the monetary compensation you deserve for the injuries you received in your 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 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 not acting promptly, an injured motorcyclist may involuntarily waive their claim for damages.

Given the relatively short statute of limitations, you should hire an experienced attorney for your motorcycle accident case as soon as possible. The skilled team of accident attorneys at Brauns Law Accident Injury Lawyers, PC can help you pursue 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.

When your lawyer files a claim with the insurance company for the at-fault party, 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 they can to settle a 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 enough 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 Lawyers, PC can help you decide whether you should accept a particular settlement offer or 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.

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 requiring multiple medical procedures, the amount of compensation that you may be eligible to recover would likely be more than if you had just suffered a minor injury that needed 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:

  • Cost of medical treatment, medical procedures, physical therapy, and rehabilitation
  • Lost wages if you cannot work while recovering after the accident
  • Anticipated costs of future medical expenses or treatment

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 they suffered from injuries sustained in a motorcycle accident. The motorcycle accident victim may recover compensation for:

  • Emotional distress
  • Mental anguish
  • Permanent disability
  • Loss of spousal companionship and family support

In some cases, the injuries an accident victim sustained in a motorcycle collision were so severe that the accident victim passed away. When that happens, the accident victim’s surviving family members may bring a wrongful death claim on behalf of their deceased loved one. A Georgia wrongful death claim can allow them to recover monetary compensation from the at-fault party for:

  • Funeral expenses
  • Future loss of income from their loved one
  • Pain and suffering their loved one experienced leading up to their death
  • Loss of their loved one’s support and companionship

If you or someone you love has sustained painful injuries in a motorcycle accident caused by a negligent party, the skilled Duluth motorcycle accident attorneys at Brauns Law Accident Injury Lawyers, PC can help you pursue the financial recovery you need for the injuries you sustained. 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.

Contact Us to Speak with Our Motorcycle Injury Lawyers About Your Legal Options

Were you injured in a motorcycle accident near Duluth? Then reach out to Brauns Law Accident Injury Lawyers, PC today for a free, no-obligation consultation. Turn to our firm for the legal advice and advocacy you need from an experienced Duluth motorcycle accident lawyer. We will tirelessly pursue the compensation and justice you deserve from the at-fault driver and other liable parties.