In Augusta and throughout Georgia, there are thousands of motorcycles on the road. Riding a bike is a thrilling and freeing experience, but all motorcyclists face a number of risks when they are on the road. Bikers are exposed to a number of dangers that drivers of passenger vehicles are not. They do not have a steel frame surrounding them, their vehicle is less stable than others, and smaller too, making it difficult for other drivers to see them.
Many motorists of traditional vehicles cause motorcycle accidents and in these cases, bikers can file a claim against them for compensation. What happens, though, when bikers contribute to a crash? This can impact the amount of compensation a biker receives. The degree to which it affects damages depends on the biker’s degree of fault.
Do Not Admit Fault for a Motorcycle Accident in Georgia
It is natural to want to apologize after a crash. You may not mean to accept fault for it, but simply apologize that the accident happened at all. It is critical that you do not do this. Even if you believe you were partly to blame for the accident, it is critical that you do not tell this to other motorists involved in the crash. If you apologize the insurance company will take your words out of context and use them against you. They will use your own words to show that you were to blame for the crash because you apologized and accepted blame at the scene.
In fact, it is best to say as little as possible at any accident scene. Anything you say can be used against you to minimize the total amount of compensation you receive. Give very basic details that cannot be refuted, such as your name, contact information, and your insurance information. Your Augusta motorcycle accident lawyer will negotiate on your behalf to refute claims of fault and to obtain the fairest settlement possible.
Recovering Compensation if You Were at Fault
In Augusta, and throughout Georgia, motorcycle accidents are governed by the modified comparative fault law. The law allows victims to obtain compensation if they were less than 50 percent at fault for a crash. However, any compensation injured individuals receive will be reduced by their same percentage of fault.
For example, a driver may have turned left in an intersection and struck a motorcyclist as they did. Left turns are one of the most common causes of motorcycle accidents. However, the driver may have had trouble gauging the speed of the biker because the motorcyclist was speeding. Still, motorists are expected to exercise great caution on the roads and make sure there is no oncoming traffic before making a turn.
In the above example, the driver turning left may be assigned 80 percent of the blame for the crash for failing to ensure the way was clear before making their turn. The biker, though, may also be assigned 20 percent of blame for traveling over the speed limit. The motorcyclist could still file a claim for compensation because they were less than 50 percent at fault. However, the damages would be reduced by the same 20 percent of blame. As such, if the biker was awarded $75,000 in damages, they would receive $60,000.
What to Do if You Believe You Were Partly to Blame
Evidence is the key to any motorcycle accident and determining which party is to blame. An Augusta motorcycle accident lawyer can collect the important evidence necessary to defend your case to the insurance company or to a judge. The strongest evidence often includes pictures of the accident scene, police accident reports, statements from eyewitnesses, and more.
Your lawyer can use this evidence to show that you were operating your bike in a reasonable and safe manner, and within the confines of the law. Insurance companies also often have a bias against bikers, thinking that they are reckless and dangerous individuals. Of course, this is not true and a lawyer can refute these claims and show proof that you were riding your bike in a safe manner. In the best of cases, your lawyer can even show that you were not at all to blame and so, you deserve full compensation.
Call Our Motorcycle Accident Lawyers in Augusta for a Free Consultation
After any crash, our Augusta motorcycle accident lawyers at Lawbike Motorcycle Injury Lawyers are here to help. Our experienced attorneys can gather the evidence necessary to prove your case so you obtain the fair settlement you are entitled to. Call us now at 866-529-2453 or contact us online to schedule a free consultation and to learn more about how we can help.