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 inherently face certain safety risks, with 80 percent of all motorcycle crashes resulting in physical injuries to the rider, according to the National Highway Traffic Safety Administration (NHTSA). Head injuries, particularly suspected concussions or traumatic brain injuries (TBI), are particularly alarming. In the event of a crash, it’s imperative for injured motorcyclists to take the following steps:
- 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’s crucial to stop your motorcycle safely and report the accident to the police immediately. Not only is calling the police a legal requirement, but it also ensures the creation of an official report, which can be invaluable in building a strong case later on.
- Seek Immediate Medical Attention and Ongoing Care: Treat all suspected brain injuries as medical emergencies. A severe TBI requires immediate treatment at the nearest emergency room. The prognosis and recovery from a motorcycle accident brain injury are better with emergency care and ongoing support.
- Document the Motorcycle Accident and Your Brain Injury: Collect evidence and document the accident as soon as possible. Take photos of the scene, your injuries, and any damage to your motorcycle. Obtain contact information from witnesses. Additionally, document your brain injury, including medical treatment received and the adverse impact on your life.
- Consult With a Georgia Motorcycle Accident Lawyer Before an Insurer: Insurance companies may not be 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 attempt to minimize payouts, and without legal representation, you may not receive the compensation you deserve.
Understanding Georgia Motorcycle Helmet Laws
In our state, wearing a motorcycle helmet is mandatory every time you ride. Under Georgia law (O.C.G.A. § 40-6-315), all motorcycle operators and passengers must wear protective headgear that meets safety standards set by the Commissioner of Public Safety. This law aims to minimize the risk of head injuries in motorcycle accidents. Georgia statutes also mandate the use of proper eye protection, such as goggles or a face shield, for motorcycle riders.
The importance of motorcycle helmets cannot be overstated. In addition to being a state requirement, overwhelming evidence shows that motorcycle helmets reduce the risk of brain injuries and save lives. According to the Centers for Disease Control and Prevention (CDC) more than 1,700 motorcyclists are saved each year because of helmets, preventing or reducing the severity of tens of thousands of brain injuries. 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’s crucial to understand key points about state law:
- Fault-Based System: Georgia operates on a fault-based system for motorcycle accidents. The party responsible for causing the accident is also responsible for compensating any damages suffered by the victim.
- Comparative Negligence: Comparative negligence is significant in personal injury claims from motorcycle accidents in Georgia. The victim’s compensation decreases proportionally with their own level of fault in the accident. Recovery becomes feasible only when establishing that the at-fault driver is liable for at least 50.1% of the harm.
- Two-Year Statute of Limitations: Georgia law (OCGA § 9-3-32) imposes a two-year statute of limitations for motorcycle accident claims. Victims have a limited window to file a lawsuit against the at-fault party. Failure 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 secure the full and fair financial compensation that you rightfully deserve, covering ongoing medical needs and non-economic damages. We possess the skills and experience to handle brain injury claims, and we are committed to assisting victims in maximizing their recovery. Damages 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. Yet, healing from a severe traumatic brain injury might require an extended duration, potentially leaving a motorcyclist with a permanent impairment. Regardless of the severity, all motorcycle crash injuries require proper medical treatment.
Brain injuries from motorcycle accidents can range from mild to severe, including:
- 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, however, facing such challenges can be more difficult, and the compensation might be reduced based on comparative negligence. Georgia law mandates all motorcyclists to wear a helmet, and failing to do so is deemed negligent. However, you can still take action to hold an at-fault driver, truck company, or another party legally liable for their share of the fault if the other party is more than 50.1% liable for the harm.
Long-term or permanent adverse effects from a traumatic brain injury (TBI) can significantly impact your quality of life, leading to cognitive, emotional, and physical challenges. If another party’s negligence caused the injury, you or your loved one have the right to pursue compensation for future medical bills, loss of earning power, and non-economic damages.
Whether you can ride a motorcycle again after sustaining a traumatic brain injury depends on the severity of the injury and 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.
HOW LONG DOES IT TAKE A BRAIN INJURY TO HEAL AFTER A MOTORCYCLE ACCIDENT?
Challenges of Recovering from a Brain Injury
Recovery from a brain injury poses multifaceted challenges that extend beyond physical healing, encompassing cognitive, emotional, and social aspects. Cognitive challenges may include memory deficits, impaired attention, and difficulties with problem-solving, impacting daily functioning. Emotional challenges often manifest as mood swings, anxiety, or depression, affecting the individual’s overall well-being. Socially, relationships may strain due to changes in personality or communication difficulties. Coping with these challenges requires comprehensive support systems, including medical professionals, therapists, and a strong social network.
Time Frame for Healing
The time frame for healing from a brain injury varies widely and depends on factors such as the severity of the traumatic injury, the effectiveness of medical intervention, and the individual’s overall health. Mild concussions may resolve within weeks, while more severe injuries could entail prolonged recovery periods spanning months to years. Rehabilitation programs, including physical therapy, occupational therapy, and cognitive therapy, play a crucial role in the recovery process. However, it is essential to acknowledge that some individuals may experience lasting effects, necessitating ongoing support and adaptation to achieve the best possible quality of life. The journey to healing is unique for each person, emphasizing the importance of personalized care and a patient-centered approach.
Why Rely On Our Georgia Motorcycle Accident Attorneys for a Brain Injury Claim
Handling motorcycle accident claims becomes complicated, particularly for individuals who have suffered a significant brain injury in a crash. You need a specialist on your side. For over 25 years, Lawbike Motorcycle Injury Lawyers have exclusively fought to protect the rights of injured motorcyclists. We know how to handle even the most complex 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.