Macon Motorcycle Accident Lawyer

Find Out Why Working with Our Macon Motorcycle Accident Attorneys Will Help Your Case

As a Macon motorcycle accident lawyer who previously worked with a large insurance company, David Mann knows the tactics insurers often use to deny motorcycle accident claims or to pay claimants as little as possible. This experience makes him uniquely positioned to anticipate their moves and build strong cases for plaintiffs.

Mann Law Firm has served riders in the Macon area for decades. As part of a family firm, helping the injured in our community get justice is in David Mann’s blood.

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• Learn more about Macon motorcycle accident attorney David Mann.
• David Mann is dedicated to serving our Macon community. David cares about his clients because they are his neighbors, too.

Choosing the right Macon motorcycle accident attorney can make the difference between a four-figure settlement and a seven-figure one. If your case goes to trial, you’ll need a lawyer who is a skilled and experienced litigator.

The job of a Macon motorcycle accident lawyer is a multi-faceted one. Our work includes:

• Investigating the circumstances of motorcycle accidents and determining how they happen
• Gathering evidence, including videos from surveillance or traffic cameras, police and first responder reports, and medical records
• Interviewing witnesses and first responders
• Hiring experts to reconstruct accidents and provide testimony
• Negotiating for fair settlements with insurance companies and their lawyers
• Take your case to court if negotiations break down.

As a motorcycle accident lawyer who is dedicated to seeking maximum recovery for motorcycle accident victims in Macon and across Georgia, David Mann knows how to use his background and experience to benefit his clients in settlement negotiations and in court.

Every accident is different, so our team will have to research your case in detail to estimate your likely compensation. However, there are some general principles that apply to every case, such as Georgia’s “modified comparative fault” rule.

According to Georgia law, if you are injured in a motorcycle wreck that was partially your fault, your compensation entitlement will be reduced by the percentage of the accident for which you are to blame. For example, if you’re 10% at fault for your crash and the other party is 90% at fault, your total compensation amount will be reduced by 10%.

To win your case, our attorney will have to show that another party (the defendant) was negligent and at fault for causing the accident. All drivers have a duty to drive responsibly and carefully to avoid accidents and injuring others. If someone neglects this duty, that party may be legally liable if a motorcyclist is injured as a result.

In a lawsuit, our motorcycle accident attorney must establish four things to prove negligence. They are:

• You were owed a duty of care by the defendant.
• The defendant breached that duty of care.
• This breach caused your injuries.
• You suffered damages as a result.

What Damages May Be Available in a Motorcycle Accident Case?

Economic damages, also known as special damages, compensate you for monetary losses that have a specific dollar value. They include:

• Emergency room treatment costs
• Hospitalization costs
• Rehabilitation expenses
• Property damage to your motorcycle
• Lost earnings.

Noneconomic, or general, damages are those that do not have a specific dollar value, such as pain and suffering. An attorney with experience handling motorcycle accident cases will know how to quantify these types of injuries. For example, if accident-related scarring or disfigurement causes you distress, this may entitle you to general damages.

When Can Punitive Damages Be Awarded in a Motorcycle Accident Case?

Punitive damages are awarded to punish defendants and discourage egregious conduct, not to compensate injured parties. Under O.C.G.A. § 51-12-5.1, punitive damages may be awarded if there is “willful misconduct, malice, fraud, wantonness, oppression, or … conscious indifference to consequences.”

There is no limitation in terms of the amount of punitive damages that may be available in motorcycle accident cases if the defendant had specific intent to do harm or was using alcohol or drugs. Where neither condition exists, punitive damages are limited to $250,000.

In wrongful death cases, damages may account for the potential lifetime earnings of the deceased and intangible losses, such as the loss of companionship.

If my speeding contributed to my motorcycle accident, can I recover any compensation? 

This depends on the degree to which your act of speeding, or your “fault,” contributed to the accident. If you are less than 51% at fault, you can receive compensation.

Do I have any rights if I wasn’t wearing a helmet when I got into a motorcycle wreck? 

Georgia law requires any person operating or riding on a motorcycle to wear “protective headgear which complies with standards established by the commissioner of public safety.” (O.C.G.A. § 40-6-315). However, your failure to wear a helmet should not bar you from recovering full compensation unless it somehow contributed to causing your accident.

Can I bring a lawsuit if I was a passenger who was injured in a motorcycle accident? 

If you are a passenger who is injured in a motorcycle accident, you can seek relief from the driver of the other vehicle who caused your crash or from the person who was operating the motorcycle you were riding – or maybe even both – if their negligence contributed to the accident and your injuries.

While most passengers wouldn’t hesitate to take legal action against the car driver who caused the accident, they may be hesitant if they were hurt because of the negligence of a friend who was operating the motorcycle.

However, by law, anyone operating a motorcycle in Georgia must carry liability insurance (O.C.G.A. § 40-6-10). This insurance pays for any bodily injury or property damage they cause, including injuries that are suffered by passengers. Under Georgia law, the motorcyclist must have a minimum of $25,000 in liability insurance to cover bodily injury to a single person or $50,000 for two or more.

So, if your friend caused your injuries as a passenger, you would be seeking to collect from the friend’s insurance policy, not from the friend personally.

What can I do if I was injured in a hit-and-run motorcycle accident? 

Whether you can recover anything for your losses following a hit-and-run will depend on whether you have purchased uninsured/underinsured motorist coverage (UM/UIM coverage). If so, then you may be able to file a claim through your own insurance policy. UM coverage generally includes benefits for hit-and-run accidents.

Will my motorcycle accident case be settled or go to court? 

It’s generally preferable to settle cases out of court, as it saves time, money, and stress for everyone involved.

Settlements come in the form of either a lump sum or a structured payment plan. Once a settlement is finalized, you must agree to release the at-fault party (or parties) from liability.

However, if the insurance company refuses to settle or offers you an insufficient sum, our Macon motorcycle accident lawyers will always be prepared to take your case to court. If we win your case, the jury will decide how much you’ll get in damages.

How long do I have to file a motorcycle accident lawsuit? 

Georgia has a two-year statute of limitations for the recovery of damages for injuries. In wrongful death cases where the plaintiff experiences a loss of consortium, there is a four-year statute of limitations (O.C.G.A. § 9-3-33). There is also a four-year statute of limitations in claims related to property damage (O.C.G.A. § 9-3-32).  If you do not file your motorcycle accident lawsuit ahead of the relevant deadline, your case will not be heard.

Your actions in the direct aftermath of a crash could have a huge bearing on outcomes in your situation, both from the point of view of your health and of any legal action you decide to pursue.

Your first concern should be for your safety. If you can move and it’s safe to do so, get away from the roadway to avoid further accidents. Assess your injuries and seek immediate medical attention, even if you don’t appear to have suffered any significant harm. Adrenaline can mask pain, and some injuries may not make themselves obvious right away.

Then, call law enforcement. The police will help secure the scene, direct traffic, and provide emergency assistance if needed. They will also compile an accident report, which could be a crucial piece of evidence later on.

In terms of documenting the scene, you should record the other driver’s contact and insurance information, as well as taking photographs of the accident scene, damage to your motorcycle, and any visible injuries. Additionally, take note of any potential witnesses and ask for their contact information.

Finally, it’s crucial to avoid making any statements that could be construed as admissions of fault. Even a statement as innocuous as “I’m sorry” can be used against you later.

It’s no secret that insurance companies do what they can to limit their expenses related to claims. If an insurer can somehow get away with paying you less than you deserve, or with throwing your claim out altogether, it will. For this reason, you need to exercise caution when dealing with these companies.

After an accident, the at-fault party’s insurance company might reach out to you to ask for your account of the incident or request a recorded statement. While this might seem like a straightforward process, it’s important to consult with your attorney before providing any statements or signing documents. Otherwise, you could inadvertently share something damaging to your claim.

You should also be wary of attempts by the at-fault party’s insurer to put the blame for the accident on you. Georgia is not a “no-fault” state, which means that the at-fault party’s insurer must pay all compensation arising from an accident. This means insurers frequently fight tooth-and-nail to create the impression that anyone other than their policyholders are responsible for collisions.

The easiest way to ensure that an insurance company agent doesn’t take advantage of you is to work with an experienced motorcycle accident attorney. If you hire our firm, we’ll handle all insurance-related communication on your behalf.

Despite what insurance companies frequently argue, car drivers often cause crashes with motorcyclists. There are a number of factors that can indicate that a car driver involved in a crash acted negligently, including:

Failure to signal a lane change or turn – Motorcyclists need to know when the driver in front is going to change positions on the road. Drivers failing to properly signal their intentions massively increase the risk of accidents on the road.

Failure to check mirrors or blind spots – Drivers should check their surroundings at least twice before turning or changing lanes.

Following too closely – Car drivers should allow a three- to four-second distance between themselves and motorcyclists. A minor road hazard may pose little threat to a car, but could present a life-or-death situation for a motorcyclist; so, motorbikes need more space behind them on the road.

Failure to give the motorcycle a full lane width – This is called lane-splitting or lane-sharing. Encroaching on a motorcyclist’s space is negligent driving that increases the risk of accidents.

Non-Driver-Related Causes of Motorcycle Accidents

Factors other than negligent driving may play a role in accidents and give rise to liability, including:

Defective roads – A federal, state, or local government entity – or contractors hired by such a government entity – could be liable for damages in a motorbike accident case due to the defective design or construction of a road, or because of poor road maintenance.

Defective motorcycles or parts – Defective motorcycles or motorcycle parts, such as brakes that fail or tires that blow out, may give rise to liability in motorbike accident cases. Manufacturers, distributors, and retailers may all potentially be held liable.

Motorcycle accident cases can be highly complex, and many unforeseen issues can arise. It’s essential to seek assistance from an experienced motorcycle accident lawyer with a track record of delivering for clients in need. Find out how we can help you by calling our Macon motorcycle accident attorney David Mann for your free consultation at (478) 742-3381.