A Georgia Motorcycle Accident Attorney On Your Side
The freedom and openness of driving a motorcycle might be greater than driving a traditional motor vehicle, but when an accident happens, the potential of serious injury or even death is also far greater for the motorcycle driver. Each year in the United States there are thousands of deaths and injuries experienced by motorcycle drivers. In fact, the CDC reports that in 2020 alone, there were over 180,000 motorcyclists treated in emergency departments for injuries resulting from crashes. This is in addition to over 5,500 deaths.
If you or a loved one has experienced a long-term, life-altering injury as a result of a motorcycle accident caused by someone or something else, you could have a claim to collect compensation for your damages. To learn more about the options available for your case, reach out to a Georgia motorcycle accident lawyer from Michael M. Day Law Firm, LLC.
Distracted Driving is a Leading Cause of Motorcycle Accidents
A common slogan for motorcyclists and cyclists alike is “share the road,” meaning that the drivers of traditional motor vehicles, in addition to the drivers of large trucks and other vehicles, must be attentive to persons who are riding on two wheels. Unfortunately, this is not always the case, and one of the leading causes is distracted driving. According to the CDC, distracted driving leads to 9 deaths each day in the United States. In 2019 alone, over 3,100 people were killed and more than 424,000 injured in crashes that involved distracted drivers.
Distracted driving is engaging in any behavior that negatively impacts a driver’s ability to pay attention to the road and to drive safely. Examples of distracted driving include:
- Texting while driving
- Talking on a cell phone or even to a passenger while driving
- Manipulating the radio or in-dash display
- Applying makeup
There are many other activities that constitute distracted driving because they cause one or all of the following types of impairment:
- Mental impairment: When a driver is distracted, their mind is not on their driving, which can decrease their ability to respond to a situation on the road or to pay attention to motorcycle drivers
- Visual impairment: Any activity that takes the driver’s eyes off of the road endangers them and others on the road
- Manual impairment: when the hands of the driver are taken off the wheel, they are unable to drive safely and respond to demanding situations and emergencies on the road
An example of distracted driving would be when a driver is texting while operating a motor vehicle. Their hands are impaired from driving by being on their phone typing, their eyes are not on the road as they are on the phone looking at the message, and the driver’s mind is impaired as they are focusing on the content of the text message. When a driver is impaired in any of these 3 ways, they are distracted and can be liable for any damages that result from motorcycle accidents they cause. A Georgia motorcycle accident attorney can aid in the collection of these damages.
Distracted Driving is Illegal in Georgia
Under the Hands-Free Georgia Act, it is illegal for motorists to hold their phones to read or text while driving. Additionally, video recording and broadcasting are also prohibited. Calls and the use of GPS navigation are only allowed under the law through Bluetooth devices so that the hands and eyes of the driver are not taken away from the road. Under the law, the use of a phone while driving is considered to be distracted driving, which is defined by the Deputy Director of Injury Prevention at the Georgia Department of Public Health as “when drivers divert their attention from driving to focus on something else”.
If a driver in Georgia is distracted under the definition of the law and causes a motorcycle accident, they may be liable for the resulting damages. When a driver violates the law and causes an accident, a Georgia motorcycle accident attorney may be able to hold them liable for civil damages in addition to any criminal charges or traffic penalties they may face.
Collecting Damages for Your Motorcycle Accident Injury Requires a Claim
When you or a loved one experiences a life-altering injury with long-term costs and consequences, the financial compensation you might be entitled to is not received automatically. Instead, you’ll need to gather evidence to prove liability on behalf of the at-fault party and evidence to accurately and completely measure the full costs associated with your injury.
It is possible the injuries can cause life-long suffering. Calculating the damages that your motorcycle accident injury will result in for the remainder of your life requires follow-up opinions from medical and occupational experts. The treatments you will need in the future for your injuries and how those injuries will impact your ability to work and also enjoy life are incorporated into your damages. Working with a Georgia motorcycle accident attorney helps to streamline the process. At Michael M. Day Law Firm, LLC, we handle the collection of evidence and drafting processes on your behalf. We also help you schedule appointments with experts and negotiate on your behalf with the insurance company.
Insurance Companies May Try and Shift Blame by Citing Unsafe Driving or Helmet Law Violations
It is also important to keep in mind that alongside 18 other states and the District of Columbia. Georgia has a universal motorcycle helmet law. This law mandates that motorcycle drivers who are operating vehicles that require a helmet, namely those without an enclosed cab, must wear a helmet or risk being in violation of the law. The way that not wearing a motorcycle helmet might impact your claim will depend upon the unique facts and circumstances of the accident, and your local Georgia motorcycle accident attorney is best equipped to determine your best options.
Connect with a Georgia Motorcycle Accident Lawyer
If you have been injured, reach out to an experienced Georgia motorcycle accident attorney at Micahel M. Day Law Firm, LLC. We may be reached by calling (404) 480-4284 or via our website.