Many Cumming residents choose motorcycles over cars. They’re fuel-efficient, not to mention fun to operate. Unfortunately, motorcycles can also be dangerous when reckless or negligent drivers hit them.
Were you the victim of a motorcycle accident in Cumming? Did you suffer injuries and need medical care to recover? If so, the team from the law offices of Jonathan R. Brockman, P.C. can provide the legal representation you need to hold the negligent party responsible. We’ll fight hard for the just compensation you deserve.
You shouldn’t go through the difficult insurance claim alone. We’ll be by your side and guide you through the process. We have years of experience pursuing the maximum financial settlement that injured accident victims need to recover.
When you hire us, we’ll create an effective legal plan to build a strong case. We don’t back down from intimidating insurance companies or their defense attorneys. We’ll use aggressive tactics to reach a favorable outcome.
If someone else caused your motorcycle accident and injuries, call us today at 770-205-8827. We’ll schedule a free consultation with one of our Cumming motorcycle accident lawyers to discuss your case and advise you of the legal options available.
Common Causes of Motorcycle Accidents in Cumming
At Jonathan R. Brockman, P.C., we know you take your safety seriously. You know that you don’t have the protection that car drivers do in the event of a crash. Unfortunately, motorcyclists injured in Cumming, Georgia accidents suffer a range of injuries, from minor to catastrophic.
Colliding with a motor vehicle often results in debilitating injuries and fatalities. Even if you take safety precautions, you can’t completely protect yourself from your surrounding environment. Motorcycles don’t have a seatbelt or airbag. The only thing protecting you is your helmet.
There are laws all Georgia drivers must follow to keep motorcyclists safe. Sadly, many people don’t pay attention to them and fail to see the bikes near them. Motorcycles are much smaller than cars, so they’re easily obscured by a blind spot.
Most motorcycle accidents are the result of driver inattention or error. Common examples include:
- Turning left or merging without checking for a motorcycle
- Tailgating
- Passing a bike too closely
- Braking suddenly
- Failing to check blind spots
- Speeding
- Texting or other distractions
- Failing to yield the right of way
Car drivers are often in a rush to get to their destination. That causes them to speed and ignore basic traffic laws. If you’re on a motorcycle when a 5,000-pound car crashes into you, you probably won’t walk away with minor injuries.
You might require expensive medical treatment and long-term care. At Jonathan R. Brockman, P.C., we can help. Knowing what to do after a motorcycle accident is crucial to protecting your right to pursue financial compensation.
How the Cumming Motorcycle Accident Lawyers from the Law Offices of Jonathan R. Brockman, P.C. Help
After you are the victim of a motorcycle accident, call a lawyer immediately. We can help you with every step of the legal process. We’ll demand full, fair compensation for your injuries.
First, we’ll prove the other driver’s actions were negligent. Negligence is the legal theory that one party’s injuries were the direct result of another party’s failure to provide a reasonable duty of care.
There are five elements we must show existed at the time of the crash to base your case on negligence:
- Duty: The driver owed you a duty of care to reasonably prevent you from harm;
- Breach: They breached their duty of care;
- Cause in fact: If it wasn’t for their actions, you wouldn’t have gotten hurt;
- Proximate cause: Their breach was the direct cause of your injuries; and
- Damages: The accident resulted in physical, emotional, or financial harm.
Our attorneys have experience investigating motorcycle accidents. We’ll collect evidence that proves the other driver’s negligence caused the crash. Depending on what we find, you might be owed significant compensation.
The crucial evidence we’ll gather may include the following:
- Traffic crash report
- Eyewitness statements
- Photos of the accident scene
- Video surveillance
- Copy of the at-fault party’s insurance policy
- Repair estimates for your motorcycle and all cars that sustained damage
- Your medical records and bills
Your Cumming motorcycle accident lawyer can file an insurance claim or lawsuit on your behalf and submit the evidence we find. We’ll use various factors to calculate the settlement you deserve and aggressively pursue it from the at-fault party.
You don’t have to negotiate with insurance bureaucrats on your own. Our experienced team will handle all the legal aspects of your case so you can focus on your recovery.
You Deserve Compensation for Your Damages
If you sustained injuries in your motorcycle accident, you incurred damages. Damages include all the expenses and suffering associated with an injury caused by negligence.
There are two main types of damages that are available in an insurance claim and lawsuit.
Economic damages are all costs that result from an injury. Examples include:
- Medical treatment
- Expenses for necessary medical care in the future
- Lost wages
- Lost earning capacity
- Property damage
Non-economic damages refer to the emotional and physical suffering endured after an accident. They include the following:
- Pain and suffering
- Emotional distress
- Disfigurement or disability
- Loss of quality of life
There are special situations that allow an accident victim to pursue punitive damages. They’re only available in a lawsuit and rarely awarded unless there’s sufficient evidence that the at-fault party exhibited actions that were wanton, reckless, malicious, or lacked regard for others’ safety. Instead of compensating you for your economic and non-economic damages, punitive damages provide financial punishment to deter similar acts in the future.
Should I File an Insurance Claim or a Lawsuit?
Your Cumming motorcycle accident lawyer will advise the best option for you to recover the maximum compensation available. Each aims to cover the injured victim’s losses, but the procedures are different.
Insurance Claims
The goal of a claim is to negotiate a settlement with the at-fault party’s insurance company. Under Georgia’s fault system, the person who causes a motor vehicle crash is automatically responsible for resulting injuries and damages. All motorists in Georgia must carry auto insurance that includes liability coverage.
Liability falls under two categories: bodily injury and property damage. Bodily injury covers economic and non-economic damages associated with the injury, while property damage provides payment for motorcycle repairs.
Your Jonathan R. Brockman, P.C. motorcycle accident lawyer will file the insurance claim for you. We’ll investigate the cause of the crash and collect evidence that the other driver was at fault. Once we finish our investigation, we’ll put everything together into a demand package and send it to the insurance adjuster.
The insurance adjuster will review what we sent them and decide if they agree with our findings. We negotiate with them and try to reach a full, fair settlement. If there’s no question of liability, they’ll be more likely to settle. Unfortunately, insurance companies are motivated to save money, so they sometimes deny the claim or provide a lower settlement offer.
Settling is a more efficient option for motorcycle accident victims. Claims are usually resolved sooner than a lawsuit. If we can recover the maximum settlement available, that’s what we’ll do. But if the insurance adjuster denies the claim or refuses to provide a fair settlement offer, we can file a lawsuit.
Lawsuit
Lawsuits are more complex than claims and can take years to resolve. Your Cumming motorcycle accident lawyer will file suit on your behalf and handle most of the legal aspects. You’ll need to participate in some steps.
We can file a lawsuit against the liability insurance company if we believe their settlement offer isn’t high enough. We can also file against the at-fault driver if we think they’ll be able to pay.
After the initial filing, there’s a period of discovery. This is the process when both sides gather evidence and request copies of what the other party found. During this period, we’ll also set up depositions, which involves questioning the other party and witnesses under oath.
One or both sides might agree to mediation to try to resolve the case. The goal of mediation is to reach an agreement before trial preparations begin. If we can get the at-fault party to agree to the compensation you deserve, we won’t have to argue your case in court.
If we can’t reach an agreement, the attorneys at Jonathan R. Brockman, P.C. are fully capable of proceeding to a lawsuit. We’ll fight for you so that you recover the damages you need.
Injured in a Motorcycle Accident? Contact Jonathan R. Brockman, P.C.
If you suffered injuries in a motorcycle accident, you deserve the chance to hold the other person responsible for their careless actions. You shouldn’t have to pay for the damage they caused. We’ll protect your right to the compensation you deserve.
Don’t worry about the cost of seeking legal representation from Jonathan R. Brockman, P.C. We take cases on contingency. That means there are no upfront fees or costs. We only expect payment if we win your case.
Call us today at 770-205-8827 for a free consultation with one of our Cumming motorcycle accident lawyers.