Motorcycle accidents cause injuries in Atlanta every day. If somebody else is responsible for your injury, you may be entitled to financial compensation for the damages you have suffered. In a lot of crashes, several parties can share fault for them. In such cases, you may wonder if you can still get compensation if you share fault for the accident. The answer depends on your particular case. The state’s contributory negligence rules are followed in these situations. Skilled Lawbike Motorcycle Injury Lawyers can explain this confusing concept and ensure your right to compensation is protected.
Understanding the Contributory Negligence Law in Georgia
The state of Georgia adopts the modified comparative negligence system with a bar of 50% for claims that involve personal injuries. You can seek monetary compensation in personal injury cases as long as you are not more than 50% at fault for the accident. Thus, even if you can seek compensation from other parties responsible for the crash, your degree of fault affects your claims. Also, your percentage of fault will reduce your compensation amount.
What to Know About Negligence
Legally, negligence refers to a person’s failure to act reasonably. In motorcycle accident claims, negligence must be established. In different circumstances, individuals must take reasonable precautions, so they do not harm other people. To have a solid claim, you must collect evidence that proves somebody owed you a duty of care, this party breached this duty, you suffered injuries, and your injuries and related losses directly resulted from it.
Motorcycle accident cases require thorough investigations to secure evidence that can prove negligence. Your attorney can investigate the accident for you.
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Who Assigns Fault in Atlanta?
Whether or not you are entitled to financial compensation for your injuries depends on your percentage of fault. Insurers, lawyers, and the court are parties that can assign fault. You need to ensure the fairness of your fault assignment as it can affect your claim. The insurers of the opposing parties and their lawyers will try to maximize your percentage of fault to reduce your payout or deny your claim.
To initiate a case after a motorcycle accident in Atlanta, you must file an insurance claim. Every insurer assesses available evidence such as police reports, photos and videos taken of the crash scene, eyewitness statements, investigation results, and medical records. Then, they assign a fault percentage to every party involved indicating their respective degree of blame.
Insurers usually make low settlement offers and even deny claims outright. If such companies are not reasonable, you have the option to take your case to court. At this point, a jury or judge will evaluate fault.
Motorcycle accident lawyers are aware of applicable laws such as how the contributory negligence rules apply to your case. Also, they have the resources and experience to thoroughly investigate your claim and gather evidence to support your claim.
Limiting Your Liability
Below are steps you can take to protect your rights and best interests after a motorcycle accident in Atlanta:
- Do not admit fault. Insurance providers can use whatever you say against you or your claim. Even saying sorry can be interpreted as an admission of fault.Â
- Take photos and videos while at the accident scene. Photos and videos of the accident scene, the position of the vehicles involved, the road conditions, and other related evidence can strengthen your claim.
- Avoid signing paperwork or speaking with an insurance adjuster. Before you sign anything or speak with an adjuster, make sure to get the input of your lawyer first. Your lawyer can handle talks with the other party to ensure your claim’s integrity.Â
- Follow your recommended treatment plan. By adhering to the treatment plan that your doctor recommends, you do not give the insurer a reason to question the extent and existence of your injuries.Â
