Marietta Motorcycle Accident Attorney
If you are injured while riding a motorcycle, contact motorcycle accident attorney for legal representation and collect the compensation you deserve.Riding motorcycles is a popular activity and total motorcycle registrations increased 51% between 2000 and 2005. In 2006, Americans bought over 1.1 million motorcycles. But, riding them can be dangerous. Unlike cars and other vehicles, motorcycles offer drivers and passengers no protection against the forces exerted in a wreck. There is nothing between the rider and the open road other than the clothes the rider is wearing and possibly a helmet. If you have been injured in a motorcycle accident, call Steven M. personal injury attorney in Marietta, Georgia who can explain your legal options.
Motorcycle Accident Statistics
Motorcycles are less visible on the road than other cars and trucks and are less stable on rough or slick roads, which can lead to accidents. In addition, because motorcycles are not enclosed like cars, riders and passengers often suffer more serious injuries in wrecks. According to the National Highway Traffic Safety Administration, the number of deaths per mile traveled on motorcycles in 2004 was approximately 34 times the number in cars. Since 1997, fatalities among motorcycle drivers and passengers have more than doubled. Accidents involving a motorcycle and another vehicle made up half of all fatal motorcycle crashes in 2005.
Causes of Action
Like other personal injury cases, a motorcycle wreck case will generally be brought under the theory of negligence. To establish negligence, the plaintiff (the injured party) must prove that the defendant (the party the plaintiff is suing) owed the plaintiff a duty; breached that duty; and caused the plaintiff’s injuries. Negligence claims are common in situations where another driver hits the motorcyclist.
If a person was injured because of a defective motorcycle or motorcycle part, he or she may be able to bring a claim against the manufacturer of the motorcycle or part. For example, if a motorcyclist is injured when the brakes fail, he may be able to assert product liability claims against the manufacturer of the brakes.
Building Your Case
If you or a family member was injured in a motorcycle wreck, it is important to take certain steps, in addition to consulting with an attorney, to protect your rights and build your case. If the police arrive at the scene, give them basic information such as your name and address and the relevant facts about the wreck. After the accident, seek immediate medical help if needed and keep your medical records. If you have health insurance or med pay coverage, submit bills to your insurance for payment (use med pay first). In addition, keep any bills related to medical treatment, and keep track of any other expenses related to your wreck such as repair expenses, rental vehicle costs and wages lost because of missed work. All of this information is relevant to the calculation of damages.
If you are able to do so, try to talk to other drivers or pedestrians who witnessed the wreck. At the very least, try to write down their names and phone numbers before they leave the scene. While some witnesses may wait for the police to arrive and collect their information, others may leave before the police get there so it is important to have their contact information. In addition, exchange names, addresses, telephone numbers and insurance information with the driver(s) of the other vehicle(s) involved. As soon after the wreck as possible, take photographs of the scene to record evidence and the road conditions. Photographs of your injuries and damage to your motorcycle or other property are also important to have.
Depending on your situation, it may be necessary to engage expert witnesses to assist with building your case. Experts in crash reconstruction or motorcycle mechanics may be able to assist with determining the cause of the crash and the defendant’s potential fault. Your attorney will take care of this process.
If you bring a negligence action against another driver, that driver may argue that your negligence is at least partly responsible for your injuries. The doctrine of comparative negligence may reduce or completely bar your recovery if you are found to be partly at fault for your injuries. This is yet another reason to hire an experienced attorney as soon as possible.
Contacting a Motorcycle Accident Attorney in Marietta, GA
Motorcycles are extremely popular, and this popularity has led to an increased number of riders and an increased number of wrecks. If you or a loved one has been injured in a motorcycle wreck, talk to a motorcycle accident attorney who has experience handling these cases. Here is a good analogy: if you break your arm, you would not go to your eye doctor. So, only trust an attorney that specializes in the relevant area of law.
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