Who Is At Fault in a Georgia Motorcycle Accident?
If you are in a motorcycle accident, your focus on your injuries is paramount. You may be struggling with recovery and also dealing with the emotional impact. Yet, when it comes down to it, you deserve action and compensation. The burden of proving fault lies with you as the victim. So, who is at fault in a Georgia motorcycle accident?
Numerous parties could be at fault, depending on the specifics of your case. Consider the following potential parties and then speak with a Newnan motorcycle accident attorney.
The Driver Who Struck You
If you were in a motorcycle accident with a car, truck, or other vehicle, and that driver caused the accident, they are at fault. Georgia is an at-fault state, also known as a tort state. That means the person who causes the accident is responsible for the damages that others suffered as a result of it. Examples of when the other driver may be at fault include:
- Distracted driving
- Driving under the influence of alcohol or drugs
- Speeding or other forms of reckless driving
- Fatigued driving
- Aggressive driving
In these situations, you must show proof of the cause of the accident. Your attorney will help you to do so.
An Employer
In situations where a commercial vehicle struck you, causing your injuries, and the driver was operating the vehicle as a component of the business, the company may be responsible for your injuries as well. For example, if a truck driver causes the accident, the trucking company may also be held responsible.
The Manufacturer
In situations where the vehicle’s manufacturing defect causes the accident, such as a brake system that fails to work as expected, the responsible manufacturer could be at fault for your injuries. You must be able to demonstrate the exact part or component that failed and have evidence that it was a fault in the design or in the production of that component.
The Property Owner
Motorcycle riders are at a higher risk of serious injury if they operate their bike on unsafe road conditions. In Georgia, grass clippings blown into the street by a property owner could make that owner responsible. If the city fails to maintain roadways and potholes cause the accident, then the city may be held liable for your injuries.
Pedestrians or Bike Riders
It is possible that a motorcycle rider suffers a serious injury and loss as a result of colliding with a pedestrian or another bike rider. For example, if you have the right of way, and someone darts out into the crosswalk unexpectedly, and you strike them, you may not be at fault for their injuries. They may be held accountable for your injuries.
When You Are At Fault
In some situations, motorcycle riders may share some of the fault themselves. As a modified comparative negligence state, Georgia holds individuals to a more stringent level of recovery if they are found to be partially at fault. You can only recover damages for your injuries if you are less than 50% at fault for the injuries. If you are at 50% or higher at fault, you cannot recover damages at all.
Seek a Free Consultation to Prove Fault
Determining fault in a Georgia motorcycle accident can be challenging, and yet so many rides on the outcome of doing so. Put Kam, Ebersbach & Lewis to work on your case. Set up a free consultation with a member of our team today.