Georgia Motorcycle Accident Attorneys

This video features David H. McCain, a Personal Injury attorney based in Georgia.

Macon Lawyers Help Injured Motorcyclists

Video Transcript:

David McCain: 

Clients truly do get their money's worth when they hire a lawyer to help them with their motorcycle crash cases.

Molly Hendrickson: 

Today, we're talking to attorneys Christy Childers and David McCain about motorcycle crashes on today's Ask The Lawyer. Thanks for joining us, you guys.

Christy Childers: 

Glad to be here.

Molly Hendrickson: 

So first off, can you tell us a little bit about your firm's experience representing bikers who were hurt in crashes?

David McCain: 

We of course handle all types of motor vehicle crashes, and motorcycle wrecks are part of our plaintiff's personal injury practice. We have represented motorcyclists in a variety of crashes from accidents where trucks have merged into the cyclist, also where parked vehicles, improperly parked vehicles have created a hazard in the roadway, causing the biker to crash into the rear end of the improperly parked vehicle. We have successfully brought many types of cases to a resolution representing bikers who have been hurt in crashes.

Molly Hendrickson: 

In these types of accidents, motorcyclists versus cars, motorcyclists typically get a bad rap. Is that what you've seen? What's been your experience with this?

Christy Childers: 

Yeah, it is. Do you remember that one case we had where the witness was just adamant like, "You know, it's the motorcyclist's fault," and he was just... Everything that he said just seems so biased. Then we went and met with the young guy, and he was actually in a wheelchair, and he was just so sad that he was being blamed for this wreck. So that's what he was worried about. Of course, he was worried about not being able to walk again possibly, but remember he was just so mad and upset that they would think this was his fault. And actually this was his only way of transportation, and he needed it to get to work. He couldn't afford a car, so he drove a motorcycle and he told me. He's like, "Ms Christy, I'm careful, I'm safe, I watch what I'm doing." And as it turned out, that witness had not seen the wreck at all, he just absolutely had a very strong opinion about motorcyclists. And we ended up being able to win the case, of course, for the young man, and he's one of my favorite clients. He still checks in with me every now and again and lets me know how he's doing. And he, of course is doing great. He was able to walk, he got out of the wheelchair. And so it's one of those happy stories that just hearing that voice, like the anger that that witness had in his voice when he was talking about the motorcyclist, it just made me upset, because that wasn't the guy.

David McCain: 

And unfortunately, we do have to overcome various biases. In a lot of our cases, certainly in our motorcycle cases, that's a big one. And it's unfair to the motorcyclist. They shouldn't have to be held to a higher standard than people driving cars and trucks on the roadway. But oftentimes they are, which is just another reason injured motorcyclists absolutely do need representation when they are hurt in crashes on the roadway.

Molly Hendrickson: 

Absolutely. Let's talk about fault. How does fault work into your analysis of a legal claim after a motorcycle accident?

David McCain: 

We evaluate fault in all of our cases, and the motorcycle cases are no different. There are often times similar factors with the motorcycle crash when comparing it to a standard motor vehicle car crash, but sometimes there are some different things that we have to look at in terms of the investigation of the scene of the wreck. And so again, that's why it is important to hire a lawyer to assist with a motorcycle crash claim, because they can be very complex.

Christy Childers: 

Yeah, and a lot of times we even have to hire experts to come in and do a reconstruction of the scene, also do downloads of the vehicles to help us determine what our best line of defense is gonna be against the defense's attack, which is gonna be faulting our guy.

Molly Hendrickson: 

And what if you look into this and the motorcyclist is determined to be partially at fault, how does that affect the claim?


David McCain: 

It really depends on the overall facts of the case. And also it depends on who makes that determination of partial fault. We have handled a number of cases where the investigating officer initially finds our client at fault, and we are ultimately able to prove that the investigating officer is wrong, and we are able to obtain a recovery for our client. That's no different with the motorcycle crash cases.

Christy Childers: 

And in Georgia, as long as you're not as at fault as the other person, then you can recover. And so at trial, even if the jury put 10% or 20% fault on our client, that would just be a reduction in the award, it wouldn't mean that he wouldn't recover. So that's one good thing about Georgia Law.

Molly Hendrickson: 

So do you always need a lawyer for people watching this? If they've had a motorcycle accident and maybe they wanna save on attorney's fees and save their money, how far does your money go in getting a lawyer, in getting legal representation following on one these types of accidents?

David McCain: 

Due to the complexities of any motor vehicle crash, but especially motorcycle crashes, I highly recommend hiring an attorney with experience in personal injury law in the State of Georgia to help with the claim. These cases are not easy, and also the benefit of not having to deal with the headaches associated with the insurance companies and talking to the adjusters, clients truly do get their money's worth when they hire a lawyer to help them with their motorcycle crash cases.

Molly Hendrickson: 

Well, thank you both for taking the time to talk to us today. It's nice to see you.

Christy Childers: 

It's great to be here.

David McCain: 

Thank you very much. Great to be here.

Molly Hendrickson: 

And that's gonna do it for this episode of Ask The lawyer. My guests have been Christy Childers and David McCain. If you wanna ask them about your situation, call the number on the screen. Thanks for watching. I'm Molly Hendrickson for Ask The Lawyers.

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