Motorcycle Accident

Georgia's comparative negligence law allows courts to find one party responsible or divide the liability between two or more parties. Many cases end with liability being split. For instance, one party may be liable for failing to use a turn signal and the other for speeding.

However, defense attorneys often try to unfairly assign blame to the plaintiff in the hopes of reducing the settlement or award. For motorcyclists, this presents a danger of biker bias. Biker bias is an unfounded belief that a motorcyclist must be at fault for an accident or injury. This prejudice against bikers comes from the stigma that they are outlaws or reckless people.

In reality, most motorcyclists are careful drivers, and other careless motorists cause accidents by intruding into the biker's lane, speeding, tailgating, or making a left-hand turn in front of oncoming traffic. Brooks Injury Law blasts biker bias through aggressive litigation. False claims of biker liability cannot stand up in court, so we demand total compensation or take the defendants to trial and win.

Georgia is a comparative negligence state. According to this doctrine, you can collect damages so long the court rules you are less than 50% at fault.

For instance, imagine that you are riding, change lanes, but forget to use your turn signal. A van is approaching the other lane at speed far over the limit, taking you off guard. A court may rule that the van driver is primarily at fault due to a massive speed limit violation, and you are partly at fault for failing to signal.

In such a case, the court may rule the van driver is 80% at fault and you are 20% at fault. If you sustained $100,000 in damages, 20% of that is deducted from your award, leaving you with $80,000.

Most cases settle in 1-2 years, depending on whether they go as far as depositions. Many cases resolve after depositions, but a minority goes on to trial. Trial cases, including appeals, can lengthen the process by several years.

Brooks Injury Law takes motorcycle accident cases on contingency fees. This payment arrangement requires no upfront or out-of-pocket payments. You pay nothing unless you collect a settlement or award.