Georgians see motorcycles as a way to sneak through the crowded traffic in Cobb County. Unfortunately, many end up needing the services of a Mableton motorcycle accident lawyer. They add to the already worrying statistics.
In Cobb County, approximately 10% of traffic fatalities involve motorcyclists. The Governor’s Office of Highway Safety reports 26% more motorcyclist fatalities from 2014 to 2016. No wonder more and more people need a motorcycle accident attorney in Mableton.
Motorcyclists are the ones who suffer the highest losses and the most serious injuries. Their recovery takes time and money, and obtaining compensation for their losses is not easy. For them, the help of an attorney can be invaluable.
How Can a Motorcycle Accident Attorney in Mableton Help?
Claiming compensation after a car accident is not easy. It requires following complicated procedures, meeting deadlines, and filling in paperwork. It requires the same amount of evidence as a court trial.
If allowed, a lawyer will take over all procedures. They will explain the law and the formalities to their clients. They will prepare and file the compensation claim on their behalf. They will negotiate fair compensation and even fight the defendant in court.
Every motorcycle accident lawyer in Mableton has a thorough knowledge of motorcycle laws. They will use their knowledge to assess liability and build a solid case for their client. With their help, motorcycle accident victims will save time and money and gain peace of mind.
Liability, Contributory Negligence, and the Role of the Motorbike Accident Attorney
Under Georgia laws, the party at fault for the accident is responsible for any losses they caused. However, the law also accepts the possibility that all the parties involved share liability. When that happens, each party covers the share of damages corresponding to their share of liability.
This is one of the first principles a motorcycle accident lawyer in Mableton explains to their client. That is because the burden of proof falls on the claimant. In order to obtain compensation, accident victims have to show that:
- The defendant to their claim caused the accident
- The accident brought about the losses for which they seek compensation
- The value of those losses justifies the requested compensation amount.
An experienced motorcycle accident attorney in Mableton will prepare clients to defend themselves. To pay as little as possible, most defendants argue that the claimant shared fault for the accident. Every fault percentage they attribute to the claimant lowers the amount they have to pay.
They may argue that the motorcyclist violated traffic laws. As any motorcycle accident lawyer in Mableton knows, this could mean showing that their client:
- Took over other vehicles in their own lane
- Rode with more than one other motorcycle abreast
- Lacked adequate equipment on their motorcycle (windshield, night lights, helmet)
- Failed to signal their intentions in traffic
- Failed to yield right of way to the defendant or another party involved in the accident
The claimant will need thorough evidence to prove the defendant’s liability and their own innocence. If the accident was serious, obtaining it themselves could be challenging. They should enlist the help of a motorcycle accident attorney in Mableton. To support their case, the latter can:
- Look for evidence at the scene of the accident
- Use the police accident report to guide their investigations
- Find witnesses and obtain their testimonies
- Identify nearby surveillance cameras and obtain copies of their recordings
- Find experts to testify and confirm their client’s story
At Schneider Hammers, we work hard to protect our clients’ interests. We accept cases at all stages, and we do not rest until we win. However, we have noticed that the sooner we begin working on the case, the easier winning is.
We, therefore, recommend contacting an attorney as soon as possible. When the circumstances allow, it helps to have one present at the accident scene. We have several reasons for making this recommendation.
Why Contact a Motorcycle Accident Lawyer in Mableton as Soon as Possible
1. To Get Help in the Most Difficult and Most Important Moments
Motorcycle accident victims usually incur the most severe injuries. These leave them in pain and confused. They make costly mistakes and they neglect important things. Calling a Mableton motorcycle accident lawyer immediately is the best way to avoid mistakes. If called on time, the latter may be able to come to the accident scene and help out.
By phone or in person, the motorcycle accident attorney in Mableton will advise and assist their client. They will prevent the latter from apologizing or signing rights waivers. They will teach them how to deal with the police and the insurance agents or represent them in the discussions. They will keep them focused on the important aspects and help them avoid distractions.
Lawyers will also take over the evidence collection process which often makes or breaks a case. Without sound evidence, a motorcycle accident claim will most likely face denial. Most of the necessary evidence is only available at the scene of the accident. Therefore it helps to rely on a motorcycle accident lawyer in Mableton from the beginning.
2. To Avoid Losing Evidence and Witnesses
Gas stations and public institutions delete their recordings periodically. People forget details every day. Finding evidence and witnesses is easy immediately after an accident. However, it can become impossible several months or one year later.
An attorney will start collecting evidence immediately. However, they will wait until they have everything they need to file the compensation claim. It is better to give them time than to risk losing or missing out on valuable evidence and witnesses.
3. To Avoid Missing the Statute of Limitations
Georgia laws allow specific time periods for taking legal action, known as statutes of limitations. For injury-related claims, GA Code Section 9-3-33 allows two years. For property damage claims, GA Code Section 9-3-32 allows four years. The countdown begins on the day of the accident.
It is advisable to hire a lawyer much earlier. However, later is better than never. An experienced motorcycle accident attorney in Mableton may succeed in winning more time. This is possible especially in case of minor claimants, disability, or late injury discovery.
4. To Obtain the Compensation Faster
No matter when the lawyer starts working on the case, the process is the same. The sooner they get to it, the sooner they finish. It is at the end of the claim process that the claimant receives the compensation they deserve. Usually, this is when they pay their motorcycle accident lawyer in Mableton. Although some see the attorney fees as an additional expense, it is not.
According to statistics, a lawyer can secure higher compensation. Also, those who work with a lawyer can invest their time and effort to make more money. Therefore, paying for legal assistance is well worth it. Those who doubt it should review the claim process.
The Compensation Claim Process and the Importance of Hiring a Motorcycle Accident Lawyer in Mableton
Obtaining compensation after a Mableton motorcycle accident involves following certain steps. The claimant decides whether they follow them alone or with a motorcycle accident lawyer. Here are the steps involved:
1. Identifying the defendant
The accident victim needs to decide whom to file their compensation claim against. A motorcycle accident lawyer in Mableton can help. Usually, the defendant is the party at fault for the accident or their insurer. If the party at fault is underinsured or uninsured, the defendant could be the victim’s own insurer.
In Georgia, just like drivers, motorcyclists need liability insurance. The minimum limits for the policy are the following:
- $25,000 per event for property damage
- $25,000 per person for injuries
- $50,000 per event for personal injury
When recommending the best defendant, accident lawyers consider coverage. Usually, obtaining compensation from insurers within the available coverage is very easy. Going to court and obtaining much higher amounts is quite challenging. However, every experienced and dedicated motorcycle accident lawyer in Mableton loves challenges.
2. Evaluating the value and implications of the claim
All accident victims want to know where they stand before taking legal action. They want to know their options, their chances of winning, and how much money they can get. A motorcycle accident lawyer can provide all these answers.
They will look at the available evidence and analyze all case details. They will quantify all losses -, past, current, and future. They will also look into similar cases and use their own experience. An experienced motorcycle accident lawyer in Mableton will provide realistic estimates. They will not promise the moon and the sky or throw around huge figures.
3. Preparing, documenting, and filing the compensation claim
This is the most troublesome step of the overall claim process. It involves putting together all the evidence and information available. The claimant needs to send the defendant a notice of claim. The paper should summarize their intentions and their reasons for acting as such. It should briefly summarize the available evidence and the claimant’s take on the case.
Preparing the notice of claim is routine for any motorcycle accident lawyer in Mableton. So is substantiating the claim. At Schneider Hammers, we make sure not to leave loose ends. We strive to prepare thoroughly documented and justified claims. This way, we can settle early and for higher amounts.
4. Negotiating the settlement
When faced with justified and thoroughly documented claims, defendants have no option but to settle. They cannot afford bad publicity, so they, too, want to close the issue as soon as possible. However, their settlement offers are not always convenient. Many times, they offer low compensation under restrictive terms. It helps to let a lawyer review their offer. The latter may be able to negotiate a better deal.
5. The verdict and the appeal
Based on the available evidence and negotiations outcome, the defendant will make a final offer. The claimant has the right to accept it or refuse it. If they refuse, they can appeal the defendant’s decision. This could mean negotiating with someone else or complaining to the Department of Insurance. It may also mean going to court.
A dedicated motorcycle accident attorney in Mableton will assist their client every step of the way. They will handle the appeal and not rest until they obtain rightful compensation. It is important to note that many motorcycle accident lawyers accept contingency agreements.
This means they only get paid when they win if they win. Their payment usually represents a percentage of the compensation amount. This means they have all the motivation in the world to win substantial compensation. Most of them succeed.
In the end, claiming compensation after a motorcycle accident is like going to war with a higher power. You can go by yourself and unarmed, or you can find allies and use their weapons and resources. A motorcycle accident attorney in Mableton is the best ally a claimant can have.
Get an Attorney as Your Ally Now!
At Schneider Hammers, we have some of the highest success rates. Our personal injury attorneys have managed to obtain compensation of millions of dollars for our clients. They may be able to repeat the performance for you as well.
We already gave you numerous reasons to work with a Mableton motorcycle accident lawyer. The only question you may have left is which lawyer is best. We think you should choose experience, commitment, and dedication. At Schneider Hammers, we provide all these and more.
To benefit from them, schedule a consultation with our motorcycle accident lawyer in Mableton. You can do so online or by phone. You are one step away from paying your outstanding bills and starting a new life. Let us help you take that step now!