Understanding Motorcycle Accident Rights in Georgia and South Carolina

By law, motorcyclists in Georgia and South Carolina have the right to use a full lane. Two motorcycles are also permitted to share the same lane. However, impatient or negligent drivers sometimes fail to give motorcyclists the proper space on the road, putting the safety of motorcyclists and their passengers at risk.

As a motorcyclist in Georgia or South Carolina, you have the right to pursue compensation from anyone whose negligence caused your accident. You also have the right to repair or replace your motorcycle and, if needed, the right to seek punitive damages.

That’s where we come in—M. Austin Jackson takes the headache out of filing your claim and advocates on your behalf to ensure you receive fair compensation.

Do I Have a Motorcycle Accident Claim?

You may have a motorcycle accident claim if you’ve suffered injuries due to another party’s negligence or recklessness. First, you’ll need to establish liability and prove that the other driver was acting negligently. Though compensation varies, the amount of money you’ll receive from your claim will depend on factors such as:

• The severity of your injuries
• The nature of any other damages you might be able to claim
• The number of parties liable
• Whether you were partially at fault
• The relevant insurance policy limits
• Any statutory caps or limitations that might apply
• Any other factors or circumstances surrounding your claim

If you’re not sure whether you have a claim, reach out to our motorcycle accident attorneys and tell us your story. We’ll help you sift through all the details and pursue the right next steps.

Do I Need an Attorney After a Motorcycle Accident?

Though you aren’t required to consult an attorney after a motorcycle accident, hiring one will help you pursue an equitable settlement for your injuries and get back on your feet financially. We recommend hiring an attorney if:

• You sustained substantial vehicle or property damage,
• You or a passenger were injured in the accident,
• You aren’t sure who was at fault for the accident, or
• You want to understand your legal rights and maximize your compensation.

An attorney can take steps to protect your rights and strengthen your claim. These steps often include:

• Working with accident scene experts, including accident scene reconstructionists
• Collecting evidence from the scene of the accident
• Investigating the cause of the accident and any factors that may have contributed
• Contacting the at-fault driver’s insurance company

Timing is critical. You’ll want to contact M. Austin Jackson soon after your accident occurs so we can help ensure all documentation has been collected.

Unfortunately, we also know injured motorcyclists often have to fight to overcome stereotypes held by insurers and even law enforcement. This can add a layer of complexity to a motorcycle accident claim. While dealing with physical pain from injuries and the stress of lost wages and medical bills, the last thing you want to do is make a claim with a biased insurer. It’s imperative to contact an attorney immediately following your accident.

Understanding Your Motorcycle Accident Claim in Augusta

After an accident, you are entitled to compensation for your injuries if another driver acted negligently or recklessly. When you’re on the road, other drivers owe you a “duty of care,” which means they must drive with reasonable caution given the circumstances. If they violate this duty of care (by, for example, speeding, texting and driving, running a red light, or failing to use a turn signal), they can be held accountable for that negligence.

When pursuing compensation, you and your attorney need to establish that:

• The other driver owed you a duty of care: Drivers must follow all traffic laws and operate their vehicles safely to avoid injuring others.
• The other driver breached their duty of care: This means the at-fault party was behaving in a way that violated their duty of care (speeding, texting while driving, etc.)
• Their breach led to your injuries: You’ll need to prove that the injuries you sustained resulted from the accident.
• You suffered damages as a result of the accident.

Accident victims can claim damages and recover compensation for the following:

• Medical bills for emergency care, treatments, and rehabilitation
• Property damage to your motorcycle or other belongings
• Lost wages from missed work
• Reduced earning capacity
• Pain and suffering
• Punitive damages meant to punish or penalize the at-fault driver when he or she is overly or intentionally reckless.

M. Austin Jackson wants to help you get back to normal as quickly as possible. Our professional and approachable team will ensure your story is heard and that you receive adequate compensation for your injuries.

Dealing with the Insurance Company After a Motorcycle Accident

Unfortunately, many seriously injured riders are denied the payments they are owed by the insurance company when they pursue compensation on their own. Insurance companies are notorious for undervaluing and disputing settlements. This is just one of the reasons you need an experienced motorcycle accident attorney on your side.

Here are some things you should know about settlement offers from insurance companies:

• They may significantly undervalue your damages. Often, victims are pressured into taking less than they deserve to resolve their claim.
• You can never ask for more money after accepting an offer. When you accept a settlement, you sign a ‘mutual release agreement,’ which almost always is binding. Under pressure and suffering from their injuries, many motorcyclists will take a settlement offer and later realize they have more medical bills than they realized. As Austin likes to say, “You only get one bite of the apple, better make it the biggest, fairest bite possible.”
• Settlement offers are often better for the insurance company than for the victim. These offers don’t come from the goodness of the insurer’s heart—they come from a calculated formula designed to save the insurance company money.

When dealing with the insurance company, make sure you know whether you’re speaking to an adjuster from your insurance company or one from the at-fault party’s company. However, it’s important to know that if you are talking to your insurance company, you need to be just as cautious with what you say—you may be making a claim against them at some point!

If requested to make a recorded statement, you have the right to decline until you’ve spoken to an attorney. You should also avoid signing any documents from an insurance adjuster without an attorney reviewing them.

If you’re searching for the right next step, don’t hesitate to reach out to M. Austin Jackson. We offer no-cost, no-obligation consultations over the phone and in person at our Augusta office. We’ve helped countless motorcycle accident victims throughout Georgia and South Carolina receive fair offers from insurers, and we’re eager to serve you.  

When it comes to negligent drivers and reckless behavior, we’ve seen it all. M. Austin Jackson is the advocate you want on your side—we have extensive experience handling motorcycle accident claims, and as your neighbor in Augusta, we’ll look out for your best interests.