A Firm Providing Aggressive Legal Advocacy To Injured Motorcyclists In Georgia
In many ways, a motorcycle accident is different from other vehicle accidents. The motorcycle rider is exposed and more vulnerable, so injuries are more likely to be severe or fatal. It can also be difficult to prove the liability since drivers who hit motorcyclists often claim they never saw the bike coming or that it “came out of nowhere.” Juries are often susceptible to stereotypes that bikers are risk-takers who routinely make unsafe maneuvers until they cause an accident that leaves them seriously hurt.
If you or a loved one has been seriously injured in a motorcycle accident, you need a determined team of legal advocates on your side. The McGarity Group is comprised of trustworthy, tenacious and knowledgeable lawyers who take great pride in serving the needs of motorcycle accident victims. When it seems the odds are stacked against you, we are here to help you tip the scales.
We Won’t Let The At-Fault Party Falsely Blame You For Your Injuries
Georgia recognizes a legal principle known as comparative negligence. After an accident, if both parties share blame, the plaintiff may have their compensation reduced by the percentage of fault assigned to them. Often, at-fault drivers and insurers will attempt to shift the blame to you as the victim. Some examples are provided below:
Example one: State law in Georgia requires all motorcyclists to wear a helmet. O.C.G.A. §40-6-315 If you violated this law, the defendant may attempt to prove that you were at least partially responsible for the accident and may ask that the court reduce or bar your recovery. The at-fault driver could argue that the only reason your head injuries are severe is because you didn’t wear a helmet. If the court decides that riding without a helmet made your head injury 40 percent worse, it can reduce your damage award by 40 percent. If the court decides that the only reason you suffered a head injury was the failure to wear a helmet, it can bar you from recovering any amount for your head injury. However, if your failure to wear a helmet did not cause the accident, and you are not claiming a head injury, then the fact that you didn’t follow the law is irrelevant to your case.
Example two: Georgia law also requires eye protection. Imagine you were not wearing eye protection and your bike did not have a windscreen. As you approached an intersection, an insect flew into your eye, distracting you at the very moment a car ran a stop sign, causing you to hit the side of the car in a T-bone accident. The driver is obviously at fault for running the stop sign but will argue that you are also at fault: if you’d worn eye protection, you would have seen the car enter the intersection. They would claim that you could have stopped, turned, or slowed enough to avoid or lessen the severity of the crash.
Our attorneys are well aware of these blame-shifting tactics, and we are prepared to counter them. Our firm is committed to investigating your accident thoroughly to ascertain any facts that can help your case.
Defective Roads Can Cause Or Increase The Severity Of A Motorcycle Accident
While frustrating and unsettling to passenger cars, potholes and uneven pavement can cause serious injury to motorcyclists. If you sustain an injury due to a defective road, you may bring a lawsuit against the state. However, these cases often have stricter time limits and are generally more complex than other personal injury matters. Therefore, it is critical to work with experienced lawyers like those at our firm.
Tell Us Your Story And Learn How We Can Help – Contact Us Today
If you or a loved one has suffered a severe injury or a loved one has died in a motorcycle accident, talk to a caring and committed attorney at The McGarity Group. We fully investigate every case we undertake so we can fight for the maximum amount of compensation available. To schedule a free consultation, call our office in Buford today at 770-692-9877 or contact us online. We serve the Atlanta metro area and all of Georgia.