Uncategorized - February 1, 2025

What Are Common Injuries in Motorcycle Accidents and How Are They Handled Legally?

If you or someone you know has been injured in a motorcycle accident, an Atlanta motorcycle accident lawyer may be able to help you deal with the aftermath.

What Are Common Injuries in Motorcycle Accidents, and How Are They Handled Legally?

Common Injuries in Motorcycle Accidents

Head Injuries

Head injuries are the most serious of the injuries in motorcycle accidents, at 15 to 21%. Very often, head injuries are fatal. Nonfatal head injuries range from concussions to skull fractures, and often result in memory loss, motor skill issues, and long-term cognitive impairment. It is very important to get medical attention immediately after a motorcycle injury, even if you think you are fine, since some head injuries are not immediately apparent.

Traumatic brain injuries (TBI) are the most prevalent type of head injury caused by motorcycle accidents. According to a study by the National Highway Traffic Safety Administration (NHTSA), 21% of motorcyclists who experience an accident while not wearing a helmet suffer from a TBI as opposed to 15% of helmeted riders. Head injuries are the leading factor in 54% of the fatalities resulting from motorcycle accidents.

Spinal Cord Injuries

The impact of a collision on a motorcycle frequently affects the spinal cord. Studies indicate that a large proportion of motorcyclists who are hospitalized after accidents suffer from these types of injuries. Spinal cord injuries can be catastrophic. They often lead to paralysis, such as paraplegia or quadriplegia, and generally result in permanent disability. Extensive medical care and rehabilitation will be required, if rehabilitation is even possible.

Broken Bones

In motorcycle accidents, fractures in the legs, arms, elbows, and fingers, are very common. According to some studies, lower leg injuries account for 27% of leg injuries in motorcycle accidents. These types of injuries can be exacerbated by the force of the impact as well as the weight of the motorcycle. Broken bones caused by a motorcycle accident can mean multiple surgeries and a long recovery time.

Road Rash

Road rash occurs when a motorcyclist slides along the surface of the road, scraping off layers of skin. It is categorized and treated similarly to burns. First-degree road rash causes skin to be red and irritated; second-degree involves broken skin, and third-degree exposes the body’s inner tissues. Third-degree road rash requires immediate medical attention, and all road rash needs proper treatment, since it can lead to infection or scarring if left untreated.

Internal Injuries

Internal injuries, such as damage to organs in the chest or abdomen, often result from high-impact collisions such as motorcycle accidents. There is a higher incidence of thoracic injuries among older riders in particular. Thoracic injuries are any injuries to the chest area, affecting the chest wall, lungs, heart, and other organs within the chest. Multiple rib fractures, commonly seen after a motorcycle accident, can complicate breathing and lead to further complications.

How Injuries in Motorcycle Accidents Are Handled Legally

Georgia law requires a motorcyclist to carry a minimum liability insurance of $25,000 per person for bodily injury. It also requires a minimum of $25,000 in liability insurance for property damage. An additional requirement of Georgia’s law states that all riders on a motorcycle must wear DOT-compliant helmets. If a driver or passenger does not have a helmet on when on a motorcycle, the legal penalties can be anywhere from fines up to $1,000, community service, or jail time. Violations of the helmet law may also lead to insurance claims being denied.

Comparative Negligence

Georgia uses a fault-based system of liability. This means that the party determined to be responsible for the accident is liable for the damages. Comparative negligence comes into play, however, if both parties are determined to share some responsibility for the accident. Comparative negligence is the legal principle that reduces the victim’s compensation by the amount of fault they bear; however, if the victim is determined to be more than 50% responsible for the accident, they will not be awarded any compensation at all.

Compensation

Victims are entitled to seek damages, or compensation for their losses. Compensation can be for both economic and non-economic damages. Economic damages are tangible losses resulting from the accident. This could mean, for example, medical expenses for hospital stays, surgeries, and rehabilitation. It could also include lost wages due to your inability to work as well as the cost of repairing or replacing the motorcycle. Bills showing the costs or pay stubs showing the loss of pay are usually sufficient evidence of your economic losses.

Non-economic damages, however, are less straightforward. Non-economic are the intangible losses due to the accident. Pain and suffering, emotional distress, loss of consortium (loss of normal familial relations), and loss of enjoyment of life. These are all legal terms used to describe changes that cannot be measured with numbers. To prove non-economic damages, keep a written or audio diary describing your day-to-day experience post accident. Ask friends and family who know you well to describe changes they have observed in you. It may also help to be assessed by a mental health professional.

Legal Considerations for Specific Injuries

If you have suffered a head injury (TBI), compliance with helmet law will be a crucial factor in your defense, as it will affect your liability and ultimately, your compensation. If you have suffered a spinal cord injury, you will most likely need to seek significant compensation, since you will have high medical costs. Proof of your medical expenses and lost wages will be important for your case and for estimated future medical costs and loss of future earnings.

For broken bones, the main thing is to keep careful documentation of your medical needs to support your claim. If you have suffered road rash, you will need evidence of the severity of the pain if you seek compensation for pain and suffering. Claims seeking compensation for internal injuries may require expert testimony for liability.

Statute of Limitations

In Georgia, there is a two-year statute of limitations for filing a personal injury claim after a motorcycle accident. The statute of limitations is the time period within which you must act, or you forfeit the right to sue. This is to make sure that lawsuits are filed before evidence is compromised or lost and when the memories of witnesses are at their most reliable. The goal is to protect defendants and to avoid wasting court time with any lawsuits that likely cannot be prosecuted.

Consult with an Atlanta Motorcycle Accident Lawyer

Accidents involving motorcycles can be quite complex, not only due to the law, but also because of the challenges of determining fault and liability. If you have been involved in a motorcycle accident, find an attorney who specializes in representing motorcycle accident victims, since they will be familiar with the unique challenges of these cases. A good law firm will offer free consultations and will work on a contingency basis, which means that they do not charge any fees unless they win the case.

If you or a loved one have been injured in a motorcycle accident, reach out to T. Madden & Associates P. C. in Atlanta, GA, today for legal advice and support. We also serve the Augusta, Jonesboro, and Decatur areas.