Getting injured in any road accident is horrible, but when you are hurt because another driver was driving recklessly, you also have reasons to feel agitated. Motorcyclists are always at great risk of suffering serious injuries in accidents, as they don’t have the same level of protection as car passengers and drivers. If you were hurt in such a mishap and want to file a lawsuit, your first step should be to consult an expert. Consider meeting Lawbike Motorcycle Injury Lawyers who can do an assessment. Here are five things to know before proceeding ahead.
Georgia is a fault state
If a driver or motorcyclist is liable and responsible for an accident, they are also accountable for the losses that others suffer. In other words, Georgia’s system is based on fault. You can turn to the other party’s carrier and file a claim to recover compensation through their coverage. The system makes it easy to hold the other party liable when they are negligent or reckless.
The statute of limitations is critical
You cannot wait for years to file a motorcycle accident case, as there is a statute of limitations. In Georgia, the statute of limitations sets the time limit at two years for most vehicle accidents, and if you want to sue for vehicle damage only, the deadline is four years. However, these limits are not for insurance claims. You have to inform your and the other party’s insurance claims promptly and must start the claims process.
Comparative Negligence in Georgia
It often happens that more than one driver or motorcyclist is responsible for the accident, and in such situations, it can be tough to determine which party gets the settlement. This is where the comparative negligence rule becomes critical. In Georgia, you can only sue the other party when you are not more at fault. In other words, the state follows the modified comparative fault rule. Also, the damages you have recovered will be reduced according to your share of the fault. Let’s take an example – A drunk driver rams into your motorcycle in Savannah at a stop, and it is found that you are 30% at fault for being over the speed limit. In this case, you can recover 70% of the award.
Your medical records are critical
If you want to recover the expenses you have incurred because of your accident, you must keep all records. Your medical file is probably one of the most crucial types of evidence. For this very reason, you must check with a physician immediately after the accident. The doctor may give you a note saying that you should stay away from work. Also, if your injuries are severe, you may need medical care for a long time, and the settlement should cover these costs.
You should hire a motorcycle accident lawyer
Numerous personal law firms specialize in motorcycle accident claims and lawsuits, and you don’t even need to pay anything. While there is no legal necessity to hire an attorney, having someone as your advocate always comes in handy. A competent lawyer will ensure there is enough evidence, and if there is no clarity on the fault, they can even hire expert witnesses. Lawyers are always a step ahead in keeping up with deadlines and know how to negotiate with other parties and their attorneys. They will also talk to the insurance claims adjuster to ensure there is no pressure on you to accept an offer.
Having a competent attorney will allow you to take time to recover and heal. Your motorcycle accident attorney in Savannah will not charge a fee unless you win.
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