Late last week, a 22-year-old Loganville man was tragically killed in a motorcycle accident. According to local news reports, Georgia State Police indicate that the accident occurred at around 8:26 p.m. on Bay Creek Church Road. Evidently, the 22-year-old man was proceeding on Bay Creek Church Road when an Escalade slammed into his motorcycle. Apparently, the Escalade was attempting to make a left onto Old Zion Road and ended up crashing head-on into the motorcyclist. Emergency Responders transported the motorcyclist to a local medical center. Unfortunately, the motorcyclist was pronounced dead at the hospital. State Police are currently investigating the case, and charges are pending against the Escalade driver.
The Georgia Governor’s Office of Highway Safety releases motorcycle accident statistics every few years. The last report was conducted in 2012, and there were 134 accidents that resulted in a fatality during that year. Evidently, of those 134 accidents, about 125 of the individuals were helmeted. Moreover, about three of the individuals killed were under 20, 30 were between the ages of 20-29, 32 were between the ages of 30-39, and the remaining number were 40 or older. These numbers have gone down in recent years as more people are using helmets, but the statistics are still harrowing.
Comparative Negligence Laws in Georgia in Personal Injury Suits
Almost every state has some form of contributory negligence that a defendant may assert as a defense to a personal injury claim against them. A defendant may use the theory of contributory negligence to reduce their liability by claiming that the plaintiff had some role in their injury. Georgia law allows a defendant to use a modified comparative negligence defense. This basically allows a plaintiff who is less than 50% at fault to recover. However, unlike other more lenient states, Georgia does not allow a plaintiff to recover at all if they are found to be more than 50% responsible for their accident.
Some common ways a defendant may try to put forth a contributory negligence claim is by showing that the plaintiff was somehow negligent or that they contributed to their own injuries. For example, a defendant may try to put forth evidence that shows that the plaintiff was not paying attention and could have avoided the accident or that they were not wearing a helmet during a motorcycle accident, which exacerbated their injuries.
Hiring a Georgia Personal Injury Attorney to Assist You in Your Claim
If you have been injured in a car accident, you may consider bringing a personal injury lawsuit against the culpable party. As you can see, these types of accidents occur frequently, and there are very specific legal guidelines on how and when a claim can be filed. It is important that you contact an attorney to assist you to avoid your case being dismissed. Furthermore, an attorney can help you defend yourself against any comparative negligence claims that the defendant may assert. Contact the Miller Legal Services team at 770-284-3727 to schedule a free initial consultation.
See Related Blog Posts:
Georgia Court Decides Important Case Involving Uninsured Motorist Protection, Marietta Personal Injury Lawyer Blog, June 12, 2015.
State Supreme Court Precludes Driver from Amending Complaint to Add Additional Defendant, Marietta Personal Injury Lawyer Blog, May 28, 2015.