It is a sad statistic that motorcycle accidents usually end in death. If they don’t, the alternative is not always the best result either.
There are normally two outcomes after a motorcycle accident – death or life-altering, catastrophic injuries. For the fortunate few who walk away from a bike crash, they are very lucky. Certainly, there is the odd case where the biker sustains injuries they can and do recover from, but they are never quite the same again. It is hard to imagine any other kind of result when something as unprotected as a motorcycle ends up tangling with another vehicle. For instance, take the case of Johnee B (names have been changed to protect the victims).
Johnee B was cruising on a Friday night when the unthinkable did happen. He slammed into the side of a car in the middle of an intersection. He made it to the hospital alive, but did not leave their care. He died the next day. The two people in the car were rushed to hospital with injuries. It is hard to imagine a biker hitting a car so hard that it injured those inside, but it shows the seriousness of these collisions.
Police at the scene of the accident were able to interview eyewitnesses to the crash who indicated the biker was speeding and had zipped through two stop signs without looking or even slowing down. Was this the deliberate choice of the biker or was the throttle stuck open? The answer to this question is important, not only for the dead biker’s family but for the two occupants in the car he hit. It highlights the question of negligence (of the biker) for the injuries of the two in the car or the negligence of the manufacturer in the case of a stuck throttle (wrongful death filed by the family).
Or, consider the case of Clifton A (name has been changed to protect the victim) who was heading into the city to visit his girlfriend. He was going at highway speed when an elderly man turned right in front of him from a side road. He had no place else to go but right into the side post of the car on the passenger’s side. He hit so hard, he sustained severe traumatic brain injury, lost a part of his face, suffered a ruptured spleen, and damage to his liver and kidney, not to mention collapsed lungs, broken ribs and a crushed pelvis. His parents made it to the hospital in time to say goodbye. Was there negligence here? Yes, definitely when the man turned in front of oncoming traffic.
Would the biker’s family have grounds to file a wrongful death lawsuit? Yes. Even though the man may not have seen the biker, there was a duty incumbent on him to drive with the safety of all others in mind. That did not happen and the biker died.
Have you been in a similar
situation to either of these cases? Do not waste time trying to figure out if you have a case or whether or not you are entitled to compensation for injuries – call an experienced Atlanta personal injury attorney. Find out what your rights are, find out if you do have a case and find out if you would be entitled to recover compensation. It is a phone call that is well worth making.
Tim Anderson writes for Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury
lawyer, Stephen M. Ozcomert, visit http://www.ozcomert.com.