How Is Fault Determined In A Motorcycle Accident Claim In Macon, GA

Any bike enthusiast will attest that the thrill and freedom of riding a motorcycle are unparalleled. However, these joys come with numerous perils, especially since most of the rider’s body is usually unprotected. Most motorcycle accidents in Georgia and the rest of the country sadly often lead to life-changing injuries and even death.

If you have been involved in any motor collision in the Peach State, you may have the eligibility to seek compensation from the other party involved in the accident. However, whether you have a solid case to pursue compensation will depend on the unique facts surrounding your motorcycle collision. One of the critical determinants on whether you can file a Macon motorcycle accident claim is – Who was at fault for causing the collision?

Read on to understand the key factors that come into play when determining fault in Macon motorcycle accidents.

Who Can I Sue For My Macon Motorcycle Accident?

Motorcycle crashes can arise for a variety of reasons. In the cases we have handled, some of the most common at-fault parties include:

Negligent Drivers

Negligence often arises when drivers do not uphold their duty of care to other road users. A driver can be said to be negligent if:

• They are not following Georgia’s road and traffic laws
• They are driving while under the influence of controlled substances or alcohol
• They are driving while distracted, for example, while using a phone
• They are driving carelessly
• They are sleeping on the wheel
• They are driving aggressively

Motorcycle Manufacturers

If you ride a motorcycle with defective parts, an accident may occur. In such a case, the manufacturer of the faulty components may be held at fault.

Poor Road Conditions

The State is responsible for ensuring that roads are maintained in pristine condition. The local authorities can be liable for your accident if you are involved in a Macon motorcycle crash because of poor road conditions, such as a lack of road signs.

Understanding who is at fault in a bike crash can be complex, especially when multiple parties are involved. For this reason, we recommend that you talk to our seasoned Macon motorcycle accident lawyers. After reviewing the facts of your case, they can quickly pinpoint the parties liable for your accident.

How Is Fault Determined In A Macon Motorcycle Accident?

In Georgia, every driver has a duty of care to all other road users. This means they must act responsibly and follow all road and traffic regulations about their particular type of motor vehicle. Failure to follow the set regulations is considered negligence, which is punishable by law.

Georgia operates as a fault accident state. This means that when a driver acts negligently and causes a collision – perhaps by breaching their duty of care to other motorists- they are responsible for all financial damages resulting from the collision. Some of the damages that the negligent driver/party can pay for include:

• Cost of your medication, immediate treatment, and future treatments
• Loss of income
• Your pain and suffering
• Damage to your property
• Loss of consortium (when you lose a loved one)

What Is The Modified Comparative Negligence System Used To Identify Fault In Motorcycle Accidents Macon, GA?

Under the comparative negligence doctrine followed in Georgia, the compensation you receive when involved in an accident is usually subject to your involvement (fault) in causing the accident. To be able to pursue compensation from another party, your fault in causing the accident must be less than 50%. This means that if you share 50% or more of the fault for causing the accident, you cannot pursue compensation from the other party involved in the collision.

Under this system, the compensation you will eventually receive is usually reduced to reflect your level of fault or participation in causing the accident. For example, if the total damages in your accident total $800,000 and you are found to be 20% at fault for the accident, your compensation will be reduced by 20% to $640,000.

Note that when seeking compensation, the party you are suing and their insurer will try to reduce the amount you should receive by deflecting and downplaying their involvement in causing your accident. To ensure you get the maximum compensation after a motorcycle accident, you should hire aggressive and skilled attorneys adept at proving fault.

How Can I Prove Fault When Involved In A Motorcycle Collision In Macon, GA?

You should take several steps to build a strong negligence case against the party you sue for compensation. They include:

Calling the Police

We strongly recommend calling the police immediately after the accident if you can. Police will document the scene of the accident. The police report they produce will form a crucial part of the evidence you table against the party you seek compensation from.

Gather Evidence

If possible, gather as much evidence as possible from the accident scene. Take videos and photographs and write down any details you can gather about the accident scene. Further, you can also take videos of statements from people who witnessed the accident and their contact details.

Acquire Help from Investigators

Macon motorcycle accident claims can be bolstered with the help of professional accident investigators. These investigators can look for forensic evidence from the accident scene and recreate the accident. If you are seriously injured or don’t know how to get started, our attorneys can help you.

How Can I Minimize My Fault In Case A Motorcycle Accident Occurs?

Since motorcycle collisions have severe and often life-changing consequences, it is essential always to take maximum precautions when riding a bike. For starters, always adhere to the motorcycle driving laws enshrined in the Georgia Motor Vehicles and Traffic Code (Sections 40-6-310 to 40-6-315). They include:

• Only drive a motorcycle if you are 16 years and above
• Do not board a motorcycle as a passenger unless it is designated to carry more than one person
• Always wear a helmet while driving
• Do not cling to other vehicles while driving
• No lane-splitting (sharing lanes) while driving
• Uphold motorcycle driving safety tips

If you comply with the motorcycle driving regulations in the Georgia road and traffic code, there are minimal chances that you will be at fault in case of an accident.

Get a Macon Motorcycle Accident Lawyer Fighting For You!

You may still be involved in a Macon motorcycle accident despite taking all road safety precautions. Should that happen, understanding who is at fault and proving their liability will determine whether you can seek compensation for any damages arising from the collision.

Given that Georgia has a 2-year statute of limitations for filing motorcycle accident claims, it is best to engage deft attorneys like us who have successfully helped victims of bike accidents get their rightful compensation. With skilled lawyers handling your claim, you can rest easy knowing we will go to any lengths to get the at-fault parties to admit their liability for your accident by forking out compensation that reflects the true extent of the damages you sustained.