By Justin O’Dell
In recent weeks, Atlanta has seen a rash of car wrecks and accidents involving motorcycles. Motorcycles are often involved in automobile incidents due to other drivers failing to see or properly yield to the motorcycle. Since the motorcycle offers less protection than an automobile, motorcycle riders are much more likely to suffer serious injury. Cases involving serious injury present complicated legal issues and should not be handled without the assistance of legal representation.
In the two situations occurring most recently, one of them reports that alcohol was not a factor. Both charges report an arrest for second degree or misdemeanor vehicular homicide. This charge means that the unlawful or negligent conduct was not one of the listed offenses for felony vehicular homicide (such as driving under the influence or drugs or alcohol (DUI), reckless driving, eluding a law enforcement officer, passing a school bus). These offenses all involve a degree of intentional or reckless conduct.
The nature of the charge can affect the settlement of the case. Reckless and intentional conduct, as opposed to negligence, can support recovery of punitive damages and attorney’s fees. It is also important to understand complicated issues related to insurance coverage. Even if the party at fault has limited coverage, good legal representation can trigger uninsured and underinsured motorist coverage. It will also be important that the lawyer involved protect the recovery against claims of subrogation brought by health insurance, hospitals and others involved in the treatment and recovery from the injuries.
In other words, if you or someone you know is injured in one of these incidents, it is imperative that they contact a lawyer immediately!