Georgia Motorcycle
Accident Lawyer
We are Georgia’s voice for personal injury victims.
Georgia Tried. Georgia Tested. Georgia True.
Were you hurt or was a loved one killed in a motorcycle wreck in Georgia?
Finding an experienced lawyer with the right background is crucial. Our attorneys specialize in securing compensation for injured motorcycle crash victims and their families.
Why do you ride? Perhaps you enjoy the freedom, culture, camaraderie, fun and feeling you get cruising down the road on your motorcycle; or maybe you ride for more practical reasons such as lower fuel costs, better maneuverability and easier parking (which can be a particular challenge in downtown Atlanta). Whatever your reason for riding, operating a motorcycle has its dangers and risks, namely safety in the event of an accident.
Out of 100 vehicles on the road, only 3 of them will be motorcycles according to the National Highway Traffic Safety Administration (NHTSA). And yet, motorcyclists account for up to 14 percent of all traffic deaths. In fact, motorcycle operators and their passengers are about 29 times more likely than other motorists to be killed in a fatal crash, and 4 times more likely to be seriously injured. In 2019, 5,014 motorcyclists died in traffic accidents in the U.S.
The statistics are just as grim when you look closer to home, which will come as no surprise if you live and drive in Georgia. Georgia ranks 18th in the nation for the highest rate of motorcycle deaths, and it’s common to hear news of serious and fatal motorcycle wrecks on busy highways and interstates like I-20, I-75, I-85, Lee St., MLK Jr. Drive, Old National Highway, Metropolitan Pkwy and I-285.
If you or a loved one were seriously injured in a motorcycle wreck—or your loved one was killed in a fatal crash—you should know that Georgia personal injury laws allow some folks to recover compensation from the at-fault driver for damages like medical bills, lost wages, pain and suffering, burial expenses and more.
Unfortunately, injured motorcyclists face a number of unique challenges and obstacles to obtaining the benefits owed to them—such as negative social stigma and bias against motorcyclists. For this reason, you should consult with an experienced Georgia motorcycle accident lawyer about your rights.
Georgia motorcycle accident laws
Georgia’s motorcycle laws can primarily be found in Title 40, Chapter 6 (§ 40-6-310 through § 40-6-315). These statutes cover everything from right of way and lane splitting laws, to equipment and helmet requirements.
Georgia motorcycle helmet laws, for example, are specifically covered in § 40-6-315 (Headgear and eye-protective devices for riders) which states:
“No person shall operate or ride upon a motorcycle unless he or she is wearing protective headgear which complies with standards established by the commissioner of public safety.”
In Georgia, the Commissioner of Public Safety has provided a written ruling to the Georgia Secretary of State saying that all helmets must meet the latest DOT (Department of Transportation) standards for motorcycle helmets in order to qualify as approved protective headgear.
Generally speaking, you can look for the DOT certified sticker on the back of the helmet. (Visit the NHTSA website for tips on choosing the right motorcycle helmet.)
In addition to helmet requirements, Georgia’s code prescribes the following rules for motorcyclists:
● Motorcyclists have all the same rights and responsibilities to follow traffic laws as every other driver.
● Passengers may only ride on a motorcycle if there is a permanent and regular seat designed to carry a passenger. This passenger seat must be equipped with footrests, unless it is a sidecar or enclosed cab.
● Motorcyclists must sit astride the seat with one leg on either side of the bike, facing forward, at all times while operating the motorcycle.
● Motorcyclists must have both hands on the handlebars at all times. Any action that prevents this—such as carrying a package—is prohibited.
● Motorcyclists must wear footwear (they cannot go barefoot or wear socks without shoes).
● Motorcycles can drive 2 abreast in a single lane, but no more.
● Motorcyclists cannot overtake and pass a vehicle in the same lane.
● Lane splitting (going between lanes of traffic or between adjacent lines or rows of vehicles) is against the law.
● Motorcycle handlebars must be 15 inches or less in height above the driver seat.
● All motorcycles must be equipped with a windshield, unless the operator is wearing a DOT-approved eye protection device.
Modified comparative negligence
As long as you weren’t primarily at fault for the motorcycle accident, you can recover damages. However, since Georgia follows a modified comparative fault system, your compensation can be reduced if you were partly responsible for the crash.
Establishing negligence
Because of Georgia’s modified negligence law, proving fault (liability) is especially important. In order to successfully establish negligence in a motorcycle accident lawsuit, you must present compelling evidence to prove that the other driver or party (defendant) failed to uphold their duty to drive safely and that this failure directly caused you injury, damage and losses.
Statute of limitations
You can file a motorcycle accident lawsuit up to 2 years after the collision or crash, under Georgia law. There are only a few exceptions to this deadline. The sooner you seek professional legal help though, the more time your legal team has to prepare a strong case against the at-fault party.
Overcoming bias against motorcyclists
If you are a motorcyclist, then it’s probably not news to you that certain stereotypes and stigma exist about motorcycles and the people who ride them—for example, that all motorcyclists are reckless thrill-seekers with little regard for traffic rules, speed limits and personal safety. Sure, there are some motorcyclists out there with these qualities—just as there are reckless and dangerous car drivers—but this doesn’t mean that all people who operate a motorcycle are reckless.
While we know better, unfortunately this unfair and untrue negative bias can come into play in a personal injury case involving a motorcyclist who is seeking compensation from another driver who hit them or a motorcycle part manufacturer as judges and juries consider how much compensation is owed.
Studies have shown that motorcyclist plaintiffs are less likely to win awards and be offered lower settlements compared to other motorists.
One way to combat this unfair stigma is to always follow Georgia’s motorcycle laws, particularly helmet laws. If a judge and jury can see that you were wearing a DOT-approved helmet and following the traffic rules at the time of the crash, you may be able to make a stronger case for compensation.
Above all, the best way to combat negative bias and protect your right to compensation is to seek representation from a qualified law firm who has experience and a record of success in motorcycle accident cases and who knows how to overcome stigma against motorcyclists.
MOTORCYCLE
ACCIDENT
When “live to ride” becomes a matter of survival. Get legal help now. If you and the other driver are insured, then you would typically go through insurance to recover financial compensation for accident injuries and damages. However, the severity of motorcycle wrecks often leads to catastrophic injuries and high costs that outpace the meager compensation insurance is able or willing to provide. What’s more, insurers often play off of negative biases against motorcyclists to low-ball settlement offers or even deny claims altogether.
Fortunately, motorcycle accident survivors and the families of motorcyclists killed in Georgia have a skilled legal advocate in the Law Office of Julian Lewis Sanders & Associates. We will fight for you at every stage in the process. After calculating the value of your injury claim, investigating your motorcycle accident and collecting compelling evidence, we can help you and your family recover compensation for the following damages: medical bills, lost wages (past and future), pain and suffering, disability and disfigurement, property damage, loss of consortium, funeral and burial expenses, and punitive damages.