5 Things To Learn About Your Motorcycle Claim

Did you get injured in a motorcycle accident? Check out these 5 things to learn about your motorcycle claim, then call our Atlanta attorneys.

1. Mistakes to Avoid

5 Things To Learn About Your Motorcycle ClaimWe see a few common mistakes with people who have been injured in motorcycle wrecks that harm their cases without even knowing it. One of the first things that someone who’s been in a motorcycle wreck needs to do is preserve evidence. That may be in the form of clothing they were wearing, the motorcycle itself, their helmet – things that show what type of impact they received.
Another mistake that we see people make is not getting medical attention quickly enough. A lot of people tend to delay their treatment and wait several weeks. When you do that, you give the insurance company the opportunity to argue that you weren’t actually injured in the collision. If you feel injured at the scene, make sure you get medical treatment. If it’s not until the next day that you start feeling pain, which is very common, make sure that you go then and have those symptoms documented. We want to make sure that we can show that you had documented symptoms as soon as possible after the collision.

Another mistake is not following through with your treatment. It’s essential that when you start treating, you do what your doctor says and keep your appointments. Don’t leave gaps in the treatment that insurance companies can use to argue against your claim. Don’t give them that opportunity.

Finally, it’s crucial to make sure you hire an attorney who is skilled at handling motorcycle wreck cases and knows how to present them properly. Don’t waste time and allow evidence to disappear and diminish the value of your case. Immediately contact a qualified personal injury attorney and make sure that they are handling your case properly from the outset. Don’t hire the wrong attorney or your case can dissolve into nothing.

2. Steps to Take After the Accident

People often ask what someone needs to do if they’ve been injured in a motorcycle wreck case. The first thing they need to do is the same thing they need to do in any other type of personal injury matter, and that is to seek immediate medical attention. People who have been injured often want to delay and see if the injuries are going to get better on their own, but that’s not the best thing to do when you’re talking about pursuing a personal injury claim. It’s important to get immediate attention and document what injuries you already are experiencing. Insurance companies are notorious for pointing out gaps in seeking treatment and trying to minimize claims because someone did not seek immediate treatment. Don’t give them this advantage, and don’t wait around. Seek treatment immediately.

The next thing you need to do is follow through with what your doctor advises, and make sure you keep up with your treatment. An easy way to derail a good personal injury case is to seek medical treatment but not follow your doctor’s orders and not follow through with your treatment. The next thing you need to do after seeking treatment is find an experienced lawyer who handles motorcycle cases and knows how to work those cases and preserve proper evidence.

3. Motorcycle Accident Liability

One of the first things we need to evaluate in motorcycle injury cases is who the responsible party is. When looking at a motorcycle injury case involving either a driver or a passenger on a motorcycle, the first thing we have to do is determine who caused the accident. In that regard, motorcycle cases are not any different than a general car wreck case. If someone else negligently operated their vehicle and caused an accident where someone who was driving a motorcycle or riding on a motorcycle was injured, that party will be responsible for the damages caused.

4. Not Wearing a Helmet

We were recently asked by a person who had been injured in a motorcycle wreck case whether they could recover damages for their injuries even though they had not been wearing a helmet. The answer is, potentially, yes. Under Georgia law, a person is required to wear a helmet when they are riding a motorcycle. However, the failure to wear a helmet does not automatically extinguish a personal injury claim. In that scenario, your own personal negligence in not wearing a helmet gets weighed against the negligence of the person who caused the accident. It’s important to investigate these claims from the beginning and preserve all necessary evidence to make sure that you can present that claim in the most effective manner.

5. Passenger Injury Claim

We recently had a potential client contact us and ask whether she was entitled to personal injury damages having been injured due to the negligence of another while riding on a motorcycle as a passenger. The answer is yes. When someone injures you and you are the passenger in any type of motor vehicle, you may have a claim for damages. Even if you are the passenger on a motorcycle, you will have that claim just like you would have if you were a passenger in a car. The issue comes down to who the responsible party may be.

If it is the driver of the vehicle who was negligent, that would be the party you seek a claim against. If the party who caused the accident was a driver of another vehicle, that is the party you pursue a claim against. It’s important at the outset to evaluate these claims and make sure that we know who the liable party is and who the claim needs to be made against.

If you or a loved one was injured in a motorcycle wreck in Georgia, you may have questions about our 5 things to learn about your motorcycle claim.
Contact experienced Atlanta motorcycle accident lawyer Christopher Gunnels at Gunnels Injury Law today to arrange a free consultation.
Let our experience work for you.

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