Cohen & Sinowski are Cobb County motorcycle accident lawyers. From our office in Marietta we help clients across the Atlanta-Metro area.
Motorcycle accidents can happen almost anywhere in Marietta, Georgia. Motorcyclists can be injured in high-speed crashes on I-75, but they can also get hurt in a local collision that happens on neighborhood roads in Cobb County. Given that motorcyclists do not have much physical protection in the event of a collision with a motor vehicle, motorcyclists frequently sustain severe and debilitating injuries.
To be sure, many motorcycle accident victims are unable to return to work after an accident and must face lifelong disabilities resulting from crash-related injuries.
At Cohen & Sinowski, P.C., we are dedicated to fighting for motorcycle accident victims in Marietta and throughout Cobb County. If you or a loved one has been injured in a motorcycle collision, our lawyers want to meet with you. We have a history of recovering large settlements for our clients, and we offer guarantees to maximize your compensation.
If you’ve been injured, don’t wait. Contact us today for your free, no-obligation case consultation.
Facts and Figures: Motorcycle Accidents in Georgia
Are some people at greater risk of injury in a motorcycle accident than others? Are motorcycle accidents more likely to be fatal when a rider is not wearing a helmet? The Insurance Information Institute (III) reports the following facts and figures about motorcycle crashes in 2015:
- Nearly 5,000 motorcyclists suffered fatal injuries in 2015, which represented an 8.3 percent increase from the previous year;
- Nearly 90,000 motorcyclists sustained nonfatal injuries in crashes;
- About 40 percent of motorcyclists who suffered deadly injuries in a collision were not wearing a motorcycle helmet;
- Fatality rate for motorcyclists is approximately six times greater than the fatality rate of passenger vehicle occupants involved in crashes;
- Motorcyclists aged 40 and older account for more than 50 percent of all reported motorcycle accident fatalities, which actually represents a decrease in recent years;
- Average age of a victim in a deadly motorcycle accident was 42 years old;
- Older motorcyclists often sustain injuries that are more severe or debilitating than those suffered by younger riders, which is attributed to older motorcyclists’ decline in vision and reaction time, but also to the types of motorcycles they tend to favor (larger bikes that are more likely to roll over);
- Alcohol plays a factor in nearly 30 percent of all deadly motorcycle crashes, and approximately 27 percent of all motorcyclists involved in a fatal crash had a blood alcohol concentration (BAC) of 0.08 percent or higher;
- Motorcyclists between the ages of 35 to 39 who were involved in fatal collisions had the highest rate of drunk driving;
- Nighttime riding is much more likely to result in a serious or fatal crash, especially one involving alcohol;
- Speeding was a factor in 33 percent of all deadly crashes for motorcyclists; and
- 27 percent of motorcyclists who were killed did not have a valid motorcycle license (and thus did not have proper training).
Common Causes of Motorcycle Accidents
What are some of the most common reasons for motorcycle accidents in Marietta and throughout Cobb County? An article in Ride Apart cites some of the following:
- Car or truck makes a left turn in front of a motorcyclist without seeing the motorcyclist;
- Motorcyclist hits gravel unexpectedly;
- Motorcyclist enters a corner too quickly;
- Car or truck changes lanes and does not see the motorcyclist in the lane due to distraction or a blind spot;
- Car or truck strikes a motorcyclist from behind;
- Motor vehicle driver opens his or her door into the path of the motorcyclist;
- Inclement weather that causes slick or slippery roadways; and
- Alcohol consumption—by the motorcyclist and/or the motor vehicle driver.
As you can see, many of the most common causes of a serious motorcycle accident concern another driver’s negligence. Whether a driver fails to pay proper attention to the road or is driving aggressively, the injured motorcyclist may be able to file a claim to hold that driver accountable.
Filing a Motorcycle Accident Claim on Time in Marietta, Georgia
If you were injured in a motorcycle accident in Marietta, you must file your claim within the period specified by the statute of limitations. Whether you live in Marietta, Austell, Smyrna, or elsewhere in Cobb County, you most likely will have two years from the date of your accident to file a claim for compensation.
Under O.C.G.A. § 9-3-33, the two-year statute of limitations for personal injury cases is very strict. If you fail to file your claim within that period of time, the law can bar you from filing a claim in the future to seek compensation. While you might be thinking that two years is a long time and that you do not need to act immediately, nothing could be further from the truth.
The sooner you begin working with a Marietta motorcycle accident attorney, the sooner we will be able to gather evidence in your case, negotiate with the insurance company, and, if necessary, take your case to court in order to help you receive compensation for your losses.
The statute of limitations may be much shorter if your case is against the state of Georgia or a local municipality. In such cases, the statute of limitations can be anywhere from six months to twelve months. Given the short time frame, it is important to get in touch with a lawyer as soon as possible. Keep in mind that the sooner you get started on your case, the sooner you may be eligible to receive financial compensation.
Types of Damages Available in Motorcycle Accident Cases
In most cases, motorcycle accident victims may be eligible to seek two different forms of compensatory damages:
- Economic damages, or those that compensate for direct financial losses; and
- Non-economic damages, or those that compensate for nonfinancial losses that tend to be more subjective (such as pain and suffering).
Some states have caps on non-economic damages. However, Georgia is not a state with non-economic damages caps. As such, a motorcycle accident plaintiff can be eligible to receive the full amount of a damages award unless contributory negligence is a factor in the case.
Seek Advice from a Marietta Motorcycle Accident Attorney
Do you have questions about filing a personal injury lawsuit after a motorcycle crash? To learn more, you should discuss your case with a motorcycle accident attorney. An advocate at our firm is available to speak with you today. Contact Cohen & Sinowski, P.C. for more information.