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How Do Two-Wheeled Vehicle Accidents Differ from Regular Car Accident Claims?

Two-wheeled vehicle accidents in Georgia, most of which involve motorcycles, aren't the same as ordinary car accidents when it comes to making claims. The personal injury aspects of these cases are usually devastating to the rider, and a motorcycle accident lawyer is an important ally for anyone injured in such an accident.

How Two-Wheeled Accidents Differ From Regular Car Accident Personal Injury Claims

Extreme Injuries

A passenger car surrounds its occupants with a steel frame that has crumple zones, and it comes with seat belts and airbags that absorb and redirect the force of a crash. A motorcycle, trike, or similar two-wheeled vehicle has none of those barriers, so even a collision that would produce only bruising or whiplash inside a car routinely produces much more serious injuries in riders.

The resulting medical bills, the long rehabilitation period (during which it's often impossible to work), and the lost earning capacity from long-term physical disability are typically larger, and the damages claimed for pain, suffering, and future care are correspondingly higher than with regular car accidents.

Differences in Insurance

Georgia treats motorcycles as motor vehicles for purposes of liability insurance, and the statutory minimums are identical to those required for cars. Motorcycle policies, however, frequently don't include medical payments or personal injury protection endorsements that some automobile policies carry, so it's common for an injured rider to be more dependent on their own health insurance or on the at-fault driver's liability insurance. Those liability limits are often exhausted quickly because the injuries and bills are so much more costly.

Differences in Fault

Technically speaking, fault is assigned in these accidents under the same modified comparative-negligence statute that governs every motor-vehicle collision in the state. If you're 50% or more at fault, you can't claim anything. If you're less than 50% at fault, your final award is reduced by the same percentage as your degree of fault.

In practice, however, this rule often ends up being more harshly applied to two-wheeled vehicle riders because insurance adjusters and jurors often have an assumption that motorcyclists are reckless and must have been speeding, weaving, or otherwise riding dangerously. Overcoming this requires more extensive evidence and the help of an experienced lawyer. 

Insurer Resistance

Because claims are often so high in these accidents and because of the bias against motorcyclists, it's common for insurers to fight back hard in these cases. The insurance company will be very aware of the time limits involved and will likely seek to push them to the limit in the hopes that you will miss the filing deadline. You have two years after an accident to bring a lawsuit, and if you miss this window, you can't then bring a lawsuit, no matter how strong the evidence or serious your injuries.

Talk to a Motorcycle Accident Lawyer

If you've been injured in an accident, don't try to take on the insurance company on your own. Call Davis, Chapman, & Wilder in Augusta, GA at 706-200-1578 today to request a consultation. 
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