At Lawbike Motorcycle Injury Lawyers, our Georgia motorcycle accident attorneys have extensive experience handling traumatic brain injury (TBI) claims. With an exclusive focus on fighting for the rights and interests of injured motorcyclists, our law firm knows how to get results. If you or your family member sustained a brain injury in a motorcycle crash, we are more than ready to help. For a no cost, no obligation case review with an experienced Georgia motorcycle accident attorney, please call us at 866-529-2453 or contact us directly online.
What to Do If You or a Loved One Sustained a Suspected Concussion in a Motorcycle Crash
Motorcyclists are inherently exposed to certain safety risks. The National Highway Traffic Safety Administration (NHTSA) states that 80 percent of all motorcycle crashes result in physical injuries to the rider that necessitate professional medical attention. Head injuries—especially suspected concussions or traumatic brain injuries (TBI)—are especially alarming. It is imperative that injured motorcyclists know the steps to take after a crash. Be sure to:
- Stop Your Motorcycle and Report the Accident to Police: If you or a loved one has sustained a suspected concussion in a motorcycle crash, it is crucial to stop your motorcycle safely and report the accident to the police immediately. Calling the police is not only a legal requirement but also ensures that an official report is created, which can be invaluable in building a strong case later on.
- Seek Immediate Medical Attention and Ongoing Care: All suspected brain injuries should be treated as medical emergencies. A severe TBI requires an immediate treatment to the nearest emergency rooms. The prognosis and recovery from a motorcycle accident brain injury will be better if emergency care and ongoing support is provided.
- Document the Motorcycle Accident and Your Brain Injury: To the best of your ability, start collecting evidence and documenting the accident as soon as possible. You should try to take photos of the scene, your injuries, and any damage to your motorcycle. Be sure to obtain contact information from witnesses. Beyond that, you should also document your brain injury, including the medical treatment received and the adverse impact on your life.
- Consult With a Georgia Motorcycle Accident Lawyer Before an Insurer: Insurance companies are not on the side of injured motorcyclists. Before discussing your accident with an insurance company, consult with a knowledgeable Georgia motorcycle accident lawyer. Insurance companies often try to minimize payouts, and without legal representation, you may not receive the compensation you deserve.
Understanding Georgia Motorcycle Helmet Laws
You must wear a motorcycle helmet every time you ride in our state. Under Georgia law (O.C.G.A. § 40-6-315), all motorcycle operators and passengers are required to wear protective headgear that meets the safety standards set by the Commissioner of Public Safety. It is a law aimed at minimizing the risk of head injuries in motorcycle accidents. There are also Georgia statutes mandating the use of proper eye protection, such as goggles or a face shield, for motorcycle riders.
Motorcycle helmets are a must. Beyond it being a state requirement, the evidence is overwhelming that motorcycle helmets reduce the risk of brain injuries and save lives. The Centers for Disease Control and Prevention (CDC) estimates that more than 1,700 motorcyclists are saved each year because of helmets. Tens of thousands of brain injuries are prevented or made less severe. Protect yourself: Wear a motorcycle helmet when you ride in Georgia.
An Overview of Motorcycle Accident Liability in Georgia
If you or a family member suffered a serious brain injury in a motorcycle accident in Georgia, it is crucial that you understand how state law works. Here are key points you should know:
- Georgia is a Fault-Based Motorcycle Accident Jurisdiction: In Georgia, liability for motorcycle accidents is determined by a fault-based system. This means that the party responsible for causing the accident is also responsible for compensating any damages suffered by the victim.
- Comparative Negligence Applies to Personal Injury Claims: Comparative negligence plays a significant role in personal injury claims arising from motorcycle accidents in Georgia. This means that the compensation a victim can recover will be reduced in proportion to their own level of fault in the accident. The victim can only recover if it is determined that the at-fault driver is at least 50.1% liable for the harm.
- A Two Year Statute of Limitations for a Motorcycle Accident: Under Georgia law (OCGA § 9-3-32), there is a two-year statute of limitations for motorcycle accident claims. This means that victims have a limited window of time to file a lawsuit against the at-fault party. Failing to initiate legal action within this timeframe may result in the loss of the right to seek compensation for a brain injury.
Recovering Financial Compensation for a Motorcycle Accident Brain Injury in Georgia
Did you suffer a brain injury in a motorcycle accident in Georgia? It is imperative that you are able to secure the full and fair financial compensation that you rightfully deserve—including for ongoing medical needs and non-economic damages. With the skills and experience to handle brain injury claims, we are committed to helping victims maximize their recovery. Damage may include:
- Motorcycle repairs;
- Emergency room care;
- Hospital bills;
- Physical therapy;
- Mental health support;
- Lost wages;
- Loss of earning power;
- Pain and suffering;
- Mental distress;
- Permanent disability; and
- Wrongful death.
Brain Injuries and Motorcycle Accidents: Frequently Asked Questions: (FAQs)
The time it takes for a brain injury to heal after a motorcycle accident varies significantly depending on the severity of the injury. Mild injuries, such as relatively mild concussions, may heal within weeks or months. However, a severe traumatic brain injury could take far longer to heal. An injured motorcyclist could even be left with a permanent impairment. All motorcycle crash injuries require the proper medical treatment.
Brain injuries from motorcycle accidents can range from mild to severe. Some of the most notable different types of brain injuries that can occur in motorcycle accidents in Georgia include:
- Concussions: Temporary disruptions of brain function caused by an impact to the head.
- Contusions: Bruises or bleeding on the brain, often resulting from a direct blow to the head.
- Diffuse Axonal Injuries: Damage to the brain’s white matter due to rapid acceleration or deceleration, leading to widespread impairment.
- Penetrating Injuries: Injuries caused by objects penetrating the skull, often causing severe and localized damage.
Yes—but doing so can be far more challenging, and your compensation may be reduced on the grounds of comparative negligence. In Georgia, all motorcyclists are required by law to wear a helmet. As such, it is negligence to fail to do so. That being said, you can still take action to hold an at-fault driver, truck company, or other party legally liable for their share of the fault if the other part is more than 50.1% liable for the harm.
Long-term or permanent adverse effects from a traumatic brain injury (TBI) can have significant impacts on your quality of life, including cognitive, emotional, and physical challenges. If the injury was caused by another party’s negligence, you,or your loved one, have the right to seek compensation for future medical bills, loss of earning power, and non-economic damages.
Whether or not you can ride a motorcycle again after sustaining a traumatic brain injury depends on the severity of the injury and the recovery progress. It is crucial to consult with medical professionals and follow their recommendations regarding your recovery and resumption of activities. In some cases, the injury may result in permanent restrictions or precautions that prevent you from safely riding a motorcycle again.
Why Rely On Our Georgia Motorcycle Accident Attorneys for a Brain Injury Claim
Motorcycle accident claims are complicated—especially so for those who have sustained a significant brain injury in a crash. You need a specialist on your side. For more than 25 years,
Lawbike Motorcycle Injury Lawyers have fought exclusively to protect the rights of injured motorcyclists. We know how to take on even the most complex of cases, including brain injury claims. Among other things, our Georgia motorcycle accident attorneys are ready to:
- Listen to your story and explain your legal options;
- Investigate the motorcycle accident that resulted in a brain injury;
- Connect you with the right doctors and specialists;
- Thoroughly document liability and damages;
- Represent you in all settlement negotiations with insurers; and
- Develop a personalized strategy to get you the best outcome in your brain injury case.
Contact Our Georgia Brain Injury Motorcycle Accident Lawyer Today
At Lawbike Motorcycle Injury Lawyers, our Georgia motorcycle accident attorneys have the skills, experience, and proven legal expertise to handle all types of brain injury claims. If you or your loved one sustained a TBI in a crash, we can help. Call us at 866-529-2453 or send us a message to set up a free, no obligation consultation. Our legal firm represents motorcyclists who sustained brain injuries throughout Georgia.
SCHEDULE A FREE CONSULTATION WITH OUR GEORGIA MOTORCYCLE ACCIDENT LAWYER NOW
At Lawbike Motorcycle Injury Lawyers, our Georgia motorcycle accident attorneys are passionate, experienced specialists. We have what it takes to help injured motorcyclists get justice after a serious crash.
You do not have to take on the legal system alone. Call us now at 866-529-2453 or contact us online for a free, no commitment review of your case. With law offices in Atlanta and Roswell, we represent motorcycle accident victims throughout all of Georgia.