Vehicle accidents happen in a fraction of a second and change the lives of those involved in the collision. Motorcycle pedestrian accidents are the most common in Atlanta. Such accidents can cause serious injuries to both parties. While the pedestrian is injured from being hit by a motorcyclist, the biker may also be thrown off his vehicle suffering a variety of injuries.
If you have been injured in a motorcycle-pedestrian collision, determining fault is crucial for obtaining compensation for your damages. A motorcycle crash lawyer in Atlanta can help you navigate the legal process of establishing liability for such accidents.
Here is everything you need to know about determining fault in motorcycle-pedestrian accidents.
Common Challenges in Establishing Fault in a Motorcycle Pedestrian Collision
Determining fault can be a more daunting task than it appears in a motorcycle-pedestrian accident. There are a number of factors involved which make things complicated. Here are some challenges that make determining fault a challenge in such collisions.
Witnesses Statements
Getting the statements of witnesses documented accurately is a challenge. An experienced lawyer can locate eyewitnesses and get their statements recorded while their memory is fresh. A motorcycle crash lawyer in Atlanta also knows the right questions to ask while interviewing witnesses.
Gathering Evidence Promptly
Gathering evidence after a motorcycle-pedestrian accident is important to determine the fault. When you reach out to an attorney immediately after the collision, they can collect and analyze evidence promptly. Skid marks, road debris, and other evidence can deteriorate if not analyzed soon. An attorney can gather and document evidence by thoroughly investigating the accident scene.
Insurance Companies
Insurance adjusters can make things even more complicated by pressuring victims to accept a low settlement or denying the claim outright if the fault is unclear. Attorneys can effectively counter allegations and negotiate with insurance adjusters for a fair settlement.
Comparative Negligence
Comparative negligence can greatly impact the financial compensation that you receive in a settlement. If you are found to be partially at fault for the accident, your financial compensation will be reduced by the percentage of fault attributed to you. An experienced motorcycle crash lawyer in Atlanta can stand for your rights to ensure fair compensation.
Does Pedestrians Always Have the Right of Way?
While pedestrians have the right of way in most situations, they also have a duty of care when walking alongside roads or crossing streets. If a pedestrian crosses traffic against safety signals, they may be considered partially responsible for a collision.
The following question can help determine fault in a motorcycle-pedestrian accident:
- Was the pedestrian jaywalking, distracted, or violating laws while walking alongside roads or crossing streets?
- Was the biker speeding or violating traffic rules?
Talk to an Experienced Attorney About your Motorcycle-pedestrian Accident
The aftermath of a motorcycle-pedestrian accident can be challenging, leaving you with many queries. Hiring a motorcycle accident attorney right away can help navigate the complexities. They thoroughly investigate the case, gather evidence, document witness statements, and negotiate with the insurer.
At Karma Injury Law, we’re dedicated to advocating for the rights of victims. Our team of experienced motorcycle and semi-truck accident attorneys in Atlanta ensures that victims receive fair compensation for their injuries and suffering.