There is no average settlement for a motorcycle accident case in Georgia. How much you can recover depends on the unique details of your case. The different factors that impact your settlement include your total damages, prejudice against riders, and liability for the crash.
Because, as a motorcyclist, you are at greater risk of injury, you need a good lawyer to represent your interests. A Georgia motorcycle accident lawyer will know how to get you the settlement you deserve.
Average Settlement Amounts for Motorcycle Cases in Georgia
The “average” settlement for a motorcycle case is difficult to determine. While some cases may settle for thousands of dollars, others may reach into the millions, making it difficult to pinpoint an average figure that accurately reflects the diversity of motorcycle accident cases.
Some cases that result in severe injuries will settle long before trial for much more because an insurance company knows the victim will get high damages if the case proceeds to trial. Other cases may settle for smaller amounts because the injuries are not as serious or the plaintiff’s evidence is not strong.
In general, you are likely to recover more money if you have an Atlanta motorcycle accident lawyer working for you. They can effectively navigate the legal complexities and negotiate with insurance companies, so you receive the maximum compensation possible.
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What Factors Contribute to the Amount of My Motorcycle Accident Settlement?
Every case is different, but insurance companies, judges, and juries will value a claim based on the same categories of losses. Your compensation is intended to restore you to the position you would have been in if the accident had not occurred.
Your Total Damages
A motorcycle accident often results in severe injuries and expensive property damage due to the inherent vulnerability of riders. Unlike cars, motorcycles lack protective barriers, leaving riders exposed to a direct impact. Additionally, the motorcycle often sustains significant damage in a crash and can be expensive to repair or replace.
Personal injury damages are typically divided into two types:
- Special (or monetary) damages: These can be calculated to an exact dollar amount using bills, receipts, and other financial documents. Special damages include medical bills, lost wages, loss of earning capacity, and property damage.
- General (or non-monetary) damages: Physical pain and mental suffering are damages that cannot be easily quantified. Your attorney will attach a dollar value to these personal experiences to make sure you are fully compensated.
Liability in the Motorcycle Accident
Liability is the most important factor in a motorcycle accident case. When someone is at fault for an accident, they are liable for the costs. If no one was at fault, there is no liability and, thus, no injury case.
You will need to demonstrate who was negligent in your case and how they were negligent. For example, if a car driver fails to check their blind spot before merging and colliding with your motorcycle, they have been negligent and caused the accident. You will need to be able to show how they are liable and responsible for your damages.
Sometimes, more than one party is at fault for a motorcycle accident. If you were 50% or less at fault, you may still recover damages, but your compensation would be reduced by your percentage of fault (Georgia Code § 51-12-33).
Prejudice Against Motorcycle Riders
Bias shouldn’t be a factor in any motorcycle accident case, but unfortunately, many people have preconceived notions about motorcyclists that can impact the average motorcycle accident settlement amount in Georgia.
Motorcyclists are often seen as reckless, untrustworthy, or associated with undesirable behavior. We know this is an extremely unfair bias, but it can impact how much juries are willing to award in a trial or how the insurance company handles your case. Insurance adjusters will know that these judgments are common and may use them to offer you a lower settlement.
The prejudice against motorcyclists is one big reason to work with a motorcycle accident lawyer after a collision. An attorney can build a strong case, negotiate with the insurance company, and fight against any unfairness you may encounter.
Common Motorcycle Accident Injuries
Motorcycle accidents can result in catastrophic injuries. According to the Insurance Information Institute, the motorcycle fatality rate was 30.05 per 100 million vehicle miles traveled. In the same year, 82,686 motorcycle accident injuries were reported.
Common injuries that result from a motorcycle accident include:
- Road rash
- Head and brain injuries
- Limb injuries that lead to amputations
- Nerve damage
- Joint injuries
- Broken bones
While some of these can be avoided by following Georgia helmet laws, some injuries are unavoidable in a crash. Because the physical and mental injuries can be severe, the average motorcycle accident settlement in Georgia may be higher than the average amount for car accidents. But it will depend on the unique facts of your case.
Secure a Higher Settlement With an Experienced Georgia Motorcycle Accident Lawyer
The best way to determine what your case may be worth is to talk to the motorcycle accident attorneys at John Foy & Associates about your specific circumstances. Over the years, we have recovered over $1 billion for our clients; we know how to negotiate for fair settlements.
It is extremely difficult to predict whether your case is “average” without knowing all of the details. Call us or fill out the form to the right to get your free consultation today.
404-400-4000 or complete a Free Case Evaluation form