Brunswick Motorcycle Accident Attorney
Lack of visibility causes most motorcycle crashes. Most riders who have gone down probably heard the tortfeasor (negligent driver) say something like “He came out of nowhere” or “I never saw her.” Such excuses never hold up in court. The duty of care requires all drivers to look out for not only other cars, but also pedestrians, motorcyclists, and anyone else on or near the road.
At Gillette Law, many of our compassionate Brunswick motorcycle accident attorneys are riders themselves. So, we understand the physical pain and emotional trauma these accidents cause. Therefore, we fight hard for the compensation you deserve, and more importantly, the justice you deserve. Some motorists simply refuse to share the road with motorcyclists. They might not have respected you before, but they will once we help you stand up for your rights.
Establishing Liability
Many lack-of-visibility wrecks are left-turn crashes. The tortfeasor, who is waiting to make a left turn against traffic, does not see an approaching motorcycle and crosses directly into the rider’s path. These wrecks could involve the negligence per se rule or the ordinary negligence doctrine.
Such left-turn wrecks are clearly a failure to yield the right of way. Motorcycles are motor vehicles too. Tortfeasors could be liable for damages as a matter of law if:
- They violate safety laws, and
- Those violations substantially cause injury.
This rule only applies if emergency responders issue citations. Frequently, that doesn’t happen, even if a citation is clearly warranted. To many officers, car wrecks are civil disputes. They don’t want to issue citations and involve themselves in them.
Therefore, many left turn wrecks involve the ordinary negligence doctrine. Usually, negligence is a lack of ordinary care. Some drivers, mostly commercial operators, have a higher duty of care. If drivers breach this duty and cause injury, they are usually liable for damages.
Evidence in these cases usually includes some combination of medical records, witness statements, and the police accident report.
Common Insurance Company Defenses
The last clear chance defense often comes up in left-turn motorcycle wrecks. The duty of care requires all drivers to avoid accidents if possible, no matter what the other driver does or doesn’t do. So, if a motorcyclist could avoid a wreck with a car that turned illegally, the motorcyclist must take advantage of that chance.
Note that this doctrine is the last clear chance, not any possible chance. If riders swerve or stop suddenly, they could very well lose control of their bikes. In other situations, events happen so quickly that the rider has no reasonable chance to avoid a collision.
The comparative fault defense comes up in a number of collisions as well, and not just left-turn wrecks. This defense shifts blame from the tortfeasor to the victim. For example, the insurance company might admit that the driver made an illegal turn and blame the wreck on the rider’s excessive speed.
In such situations, jurors must listen to the evidence and divide fault on a percentage basis. Georgia is a modified comparative fault state with a 50 percent bar. So, if the tortfeasor was at least 50 percent responsible for the wreck, the victim is entitled to a proportionate share of damages.
These damages usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Reach Out to an Experienced Glynn County Motorcycle Accident Lawyer
All serious injury victims are entitled to fair compensation. For a free consultation with an experienced Brunswick motorcycle accident attorney, contact Gillette Law, P.A. Attorneys can connect victims with doctors, even if they have no money or insurance.
