Marietta Injury Lawyer Blog
In mid-February, a 19-year-old motorcyclist died after a crash in Cobb County. According to an Alive 11 news report, police believe that excessive speed and lane violations could have played a role in the deadly accident. Police are still investigating the incident.
If you have been involved in a motorcycle accident and want to explore your legal rights, it may be useful to contact an experienced Marietta personal injury lawyer.
Common Factors in Motorcycle Accidents
While every case is unique, some hazards often cause or contribute to motorcycle accidents. Unsafe lane changes, excessive speed, driving under the influence, and disregarding the “right of way” are common factors. In addition, external factors such as volatile weather, road hazards, and bad road conditions can contribute to motorcycle accidents.
Understand The Anatomy of a Motorcycle Crash
The National Highway Traffic Safety Administration, NHTSA notes that a motorcycle does not have the crashworthiness or occupant protection characteristic of an automobile. Motorcycles can also be harder to see, and a lack of visibility can contribute to crashes.
Many motorcycle crashes can be attributed to the driver’s lack of experience, not taking precautions, and not practicing defensive driving. A motorcycle has the advantage of being more agile and maneuverable, which enables it to stop quickly and swerve when needed.
According to a NHTSA report, about one-third of multi-vehicle crashes are the result of motorists turning into the path of the motorcycle. Most motorcycle accidents occur at intersections. Therefore, motorcyclists need to drive defensively, anticipate other drivers’ moves, and be extremely alert at intersections.
Actively Participate in Motorcycle Safety
If you are a motorcycle driver or passenger, wear a helmet and take extra precautions to stay safe. According to the Centers for Disease Control and Prevention (CDC), helmets are 37% effective in preventing deaths of motorcycle operators and 41% effective for passengers.
CDC emphasizes that motorcycle helmets also reduce the risk of head injuries by 69%. Wearing a helmet at all times can significantly reduce the risk of fatalities and head injuries.
The CDC data shows that more than 5,500 motorcyclists died in the United States in 2020, and over 180,000 were treated for crash injuries in emergency departments.
Helmets, protective eyewear, and protective clothing may help to reduce the severity of injury in the event of a crash. In Georgia, GA Law § 40-6-315 states that protective headgear is required. The commissioner of public safety is required to provide a list of approved headgear.
Timing for Filing Accident Claims in Marietta, GA
Filing a claim for a motorcycle accident is governed by a time limit called a statute of limitations. In Georgia, this is typically two years from the date of the accident.
There can be exceptions that impact the statute of limitations, such as if minors were involved in the incident or if the injury was not obvious immediately. A lawsuit may be dismissed if it is not filed within the prescribed time.
If you have been involved in a motorcycle accident, talking with an experienced attorney may help you understand your legal rights, procedures, time limits, and what is needed to navigate the legal landscape.