Augusta Premier Personal
Injury Attorneys

How Is Fault Determined in a Georgia Motorcycle Accident?

A motorcycle accident can have a major impact on any person’s life, resulting in severe injuries and financial hardship. If you are injured in this kind of collision, you may be eligible for an insurance claim or lawsuit against the person responsible for your accident.

To secure a settlement, you will need to prove that the responsible party caused your accident. Establishing fault may seem relatively straightforward, but you may need the help of an Augusta motorcycle accident lawyer to prove your case.

Common Causes of Georgia Motorcycle Accidents

Motorcycle accidents can happen for several reasons. In many cases, defective vehicle parts or dangerous roads are responsible. However, several accidents occur due to the negligence of another driver. Motorists can commit dangerous and reckless acts on the road, putting smaller motorcyclists at risk of an accident.

Common examples of driver negligence include the following.

  • Speeding
  • Running a red light
  • Unsafe lane changes
  • Driving under the influence
  • Distracted driving
  • Fatigued driving
  • Opening a vehicle door into traffic

Proving Fault in a Motorcycle Accident Claim

Georgia is a fault accident state, meaning that negligent drivers are financially responsible for any accidents that they cause. If you are injured in a motorcycle collision caused by another driver, you could file an insurance claim or lawsuit against him or her. Through this claim, you can recover a settlement for medical expenses, property damage, lost wages, and more.

To secure this compensation, you will need to establish that the at-fault driver’s actions directly caused your accident and resulting injuries. When filing an insurance claim, a company representative will review evidence and determine how the collision occurred. 

If you are filing a lawsuit, you and your attorney will need to gather evidence to prove four important facts.

  • The at-fault driver owed you a duty of care to drive safely and follow Georgia traffic laws.
  • The at-fault driver breached his or her duty of care through a negligent act or failure to act.
  • The at-fault driver’s breach of duty caused your motorcycle accident and resulting injuries.
  • You can recover compensation in your lawsuit for the damages that you sustained in the accident.

A personal injury attorney in Augusta can conduct a full investigation into your accident and gather the evidence necessary to prove your insurance claim or lawsuit. He or she can also handle all communications with the insurance company and advocate for your highest possible settlement.

Comparative Negligence in Georgia

Motorcyclists are often subject to unfair stereotypes and scrutiny. As a result, an insurance representative or defense attorney may claim that you are partially responsible for your accident. During the insurance process, the company may use this information to deny or reduce your award.

In a personal injury lawsuit, Georgia’s comparative negligence rules will apply, and your award will be reduced by the amount of liability that you share. For example, if you request $100,000 and you are 30% at fault, you will only recover $70,000. If you are 50% or more at fault for the accident, you will not recover any compensation in your case.

In these situations, you need an attorney on your side who can represent your best interests and secure the compensation that you deserve. As soon as possible following your collision, speak to an Augusta accident lawyer to discuss your legal options.