If you have recently been involved in a motorcycle accident, especially one involving a pedestrian, you may feel confused and overwhelmed. We understand that these types of accidents can leave you with many questions. At this time, it is important to know that you are not alone in this journey. The feelings of worry and uncertainty are common, and we want you to know that we are here to help. At Princenthal, May & Wilson, LLC, we are committed to guiding you through the legal complexities, so you can focus on recovery and get the compensation you deserve.
Understanding the Situation of Motorcycle Accidents Involving Pedestrians
Motorcycle accidents can be serious enough on their own, but when a pedestrian is involved, the situation becomes even more complex. Pedestrians are at a heightened risk of injury or death in an accident with a motorcycle due to the lack of protection they have compared to the motorcyclist. In these cases, the situation can be emotionally charged, as you might be feeling the weight of potential harm caused to another individual while also dealing with your own injuries and damages.
Georgia law requires that all parties involved in accidents, whether motorcyclists or pedestrians, act responsibly and safely. In the aftermath of a motorcycle accident involving a pedestrian, the legal implications will depend on a variety of factors, such as the location of the accident, whether the pedestrian was crossing legally, and the actions of both the pedestrian and the motorcyclist leading up to the accident. Understanding the rights and responsibilities of both parties is vital to determining fault and the steps you need to take.
Liability in Motorcycle Accidents Involving Pedestrians
In Georgia, like many other states, the law works on a comparative negligence system. This means that the degree of responsibility for the accident can be shared between the motorcyclist and the pedestrian. If the pedestrian was not following traffic laws, for example, by crossing the street outside of a crosswalk or ignoring traffic signals, the liability could shift somewhat to the pedestrian. However, even if the pedestrian was partially at fault, you may still be held responsible, depending on the circumstances surrounding the accident.
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Adam Princenthal
David May
Matthew Wilson
If the motorcyclist was speeding, failing to yield to pedestrians in a crosswalk, or was operating their vehicle in a reckless or negligent manner, it could significantly affect the outcome of the case. Georgia law also considers the level of negligence involved, and in some cases, an injured party may be entitled to compensation even if they were partially responsible for the accident.
The Role of Insurance in Georgia Motorcycle Accidents Involving Pedestrians
Insurance plays a critical role in the aftermath of a motorcycle accident, especially one involving a pedestrian. In Georgia, motorcycle riders are required to carry liability insurance to cover any damages caused to others in an accident. However, due to the severity of motorcycle accidents and the significant injuries that can occur, motorcyclists should also consider carrying additional coverage, such as underinsured motorist coverage or personal injury protection (PIP).
In accidents involving pedestrians, the question of insurance can become complicated, particularly if the pedestrian is uninsured or underinsured. Even though Georgia law mandates that motorcyclists have a minimum level of insurance, recovering compensation for medical expenses, lost wages, and pain and suffering can still be a difficult and lengthy process. That’s why it’s essential to have a legal advocate by your side, someone who understands the intricacies of these cases and can ensure that all insurance avenues are explored thoroughly.
After a car accident, I contacted David May at the Lagrange office. He, and his staff, helped me with medical advice and follow up doctors visits, along with dealing with my insurance and the insurance of the woman that hit me. I have been very pleased with the service I received from David May and the Lagrange staff. They are warm and open, always there to help with advice and answer questions.” - Debau I highly recommend Adam Princenthal .I was looking for someone with years of experience in personal injury.They needed to be knowledgeable, transparent and honest.I wanted to know I was dealing directly with the lawyer I hired.Adam Princenthal could answer all the difficult questions and phone calls were returned.Adam got the settlement I was looking for in a timely manner." - Nancy K. I am glad that I was referred to Princenthal & May. Matthew met with me and gained my trust with the case. I was never left in the dark on any matters, My phone calls were either answered or returned quickly. The office staff are very friendly as well. My case was settled, with both Matthew and Adam present. Both are very professional in their work.. They work for you !!!" - Jacque Minor
What Happens If the Pedestrian Dies in the Accident?
If a pedestrian unfortunately dies in a motorcycle accident, the legal implications change significantly. In these tragic cases, the family members of the pedestrian may file a wrongful death claim against the motorcyclist. The motorcyclist or their insurance company could be responsible for covering funeral costs, loss of future earnings, and emotional damages suffered by the family.
However, even in a wrongful death claim, the motorcyclist’s level of responsibility still needs to be examined closely. If you, as the motorcyclist, were not at fault or only partially at fault, your legal team will need to show this in order to reduce liability for the damages. In some cases, wrongful death claims can lead to settlements, but the process can take time and often requires legal intervention to ensure fairness and proper compensation.
Steps You Should Take After a Motorcycle Accident Involving a Pedestrian
After any motorcycle accident, especially one involving a pedestrian, it’s crucial to take specific steps to protect your legal rights. First, always call 911 immediately after the accident to report the incident and get the proper medical attention for everyone involved. If you are able to, exchange insurance and contact information with the pedestrian, as well as any witnesses who saw the accident. Take pictures of the scene, the vehicle, and any injuries. This evidence could be helpful later in establishing fault and securing the compensation you deserve.
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Also, seek medical attention immediately—even if you don’t think you’ve been seriously injured. Some injuries, especially on a motorcycle, may not show up right away. Having a full medical evaluation will also be important if you need to file a claim for injuries later on. Additionally, reach out to your insurance company and inform them about the accident as soon as possible, but be cautious not to admit fault or make statements that could be used against you.
Finally, it’s wise to consult with an experienced motorcycle accident lawyer who can help you navigate the claims process, investigate the accident, and ensure that you are not taken advantage of by the insurance companies.
The Importance of Legal Representation in Motorcycle Accidents Involving Pedestrians
Motorcycle accidents can be complicated, and when a pedestrian is involved, the situation becomes even more complex. Determining liability, navigating insurance issues, and dealing with potential wrongful death claims all require careful attention and a deep understanding of Georgia’s traffic laws. This is where an experienced motorcycle accident lawyer can provide invaluable assistance.
Representative Cases
The team at Princenthal, May & Wilson, LLC has extensive experience handling motorcycle accident cases, including those involving pedestrians. We understand that these situations can leave you feeling overwhelmed, especially when you are facing the legal consequences of an accident that may have caused significant harm to others. Our goal is to ensure that your rights are protected and that you receive the compensation you deserve, whether you were injured in the accident or you are dealing with a wrongful death claim.
We will work closely with you to gather evidence, communicate with insurance companies, and guide you through the legal process. Whether you are seeking compensation for your own injuries or you are facing legal action from a pedestrian or their family, our legal team is here to provide you with the support you need.
If you have been involved in a motorcycle accident in Georgia that involved a pedestrian, it is crucial to have the right legal support to ensure the best possible outcome. Contact Princenthal, May & Wilson, LLC today to schedule a consultation. We are here to help you through this difficult time and work towards getting you the compensation you deserve.