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Were you hurt or was a loved one killed in a motorcycle wreck in Georgia?
It's imperative to locate an experienced lawyer with the appropriate experience. Securing compensation for motorcycle accident victims and their families is our area of expertise.
For what reason do you ride? Independence, culture, friendship, fun, and a sense of fulfillment can all be gained from motorcycling. Alternatively, you may ride for more sensible reasons like better handling, cheaper fuel expenses, and simpler parking—which may be difficult in Atlanta's downtown. Whatever your reason for riding, there are risks involved with motorcycling, especially when it comes to your safety in the case of an accident.
The National Highway Traffic Safety Administration (NHTSA) reports that just three motorcycles out of every 100 cars on the road are motorized. Nevertheless, up to 14% of all traffic fatalities involve bikers. Compared to other drivers and passengers, motorcycle riders have a 29-fold higher chance of dying in a collision and a 4-fold higher risk of suffering a catastrophic injury. 5,014 motorcyclists lost their lives in traffic accidents in the US in 2019.
You won't be surprised to hear that the local numbers are even more alarming if you live and drive in Georgia. With numerous reports of catastrophic and fatal motorcycle accidents on major thoroughfares and interstates like I-20, I-75, I-85, Lee St., MLK Jr. Drive, Old National Highway, Metropolitan Pkwy, and I-285, Georgia is ranked 18th in the country for motorcycle fatalities.
According to Georgia personal injury legislation, some people may be qualified to get financial compensation from the irresponsible driver if they or a loved one was killed or seriously hurt in a motorbike accident. Losses including hospital bills, missed income, pain and suffering, burial costs, and more may be covered by this compensation.
Regretfully, discrimination and unfavorable societal stigma are among the unique difficulties and impediments that wounded motorcycle riders frequently encounter while trying to obtain the benefits they are entitled to. Thus, it is imperative that you speak with an experienced Georgia motorcycle accident lawyer about your legal alternatives.
Common causes of motorcycle accidents
Common causes of motorcycle accidents
Driver negligence
Motorbike accidents are mostly caused by irresponsible drivers who fail to see motorbike riders and either pull out in front of them or sideswipe them when changing lanes. Many motorcycle riders attempt to stand out as much as possible by employing loud motors, eye-catching clothing, and other indications in response to this real and present risk. Whether it's because of a blind spot, mirror glare, or just plain negligence, other drivers' irresponsibility costs motorcyclists dearly.
Drunk/drugged driving
According to reports, 29% of motorcycle riders who passed away in 2019 were under the influence of alcohol when they were in a deadly crash. Moreover, inebriated drivers may strike a motorcycle. You cannot control what other people do, but you can ensure that you only ride a motorcycle when you are sober and aware of the risks associated with irresponsible driving by intoxicated or drugged drivers.
Distracted driving
Georgia suffers greatly from the issue of texting and driving. The Hands-Free Georgia Act was enacted by the state in 2018 and prohibits drivers from using their phones or similar gadgets while operating a motor vehicle or allowing them to come into touch with any part of their body. This is good news for motorcycle riders in Atlanta, who are more susceptible to distracted driving than other riders globally.
Bad weather
Rain can make it harder to see and slicken the roads, which puts drivers at risk, especially those who ride motorcycles. In the Atlanta area, there is also a chance of flooding, thunderstorms, tornadoes, hail, severe winds, and the occasional ice or snow storm. Although the weather and the hazardous driving circumstances it creates are beyond your control, you do have some influence over your actions. Check the weather forecast before heading out on your bike, and if it seems nasty, slow down or halt.
Road hazard
Unfavorable road conditions and other obstacles including potholes, faulty pavement, construction zones, road debris, loose gravel, and other possible hazards might cause someone riding a motorbike to lose balance or lose control.
Speeding
Whether the driver is operating a motorcycle or another type of vehicle, stopping distance increases to avoid a collision at higher speeds. Furthermore, driving too fast intensifies collisions and makes them more severe.
Sudden stops
If a rider has to stop quickly because of stopped traffic or a road danger, this could result in a rear-end collision. Rendering a car too close to a motorbike or the motorcycle following the car could lead to a rear-end accident, which is extremely dangerous and deadly for motorcyclists.
Lane splitting
A motorcycle rider who divides between two lanes of traffic is said to be lane splitting, commonly known as lane filtering. Atlanta and Georgia as a whole prohibit the practice, however it is legal in several states. Motorcycles and cars are more likely to collide as a result of unsafe lane changes.
Motorcycle defects
If a motorbike component malfunctions or is poorly designed, the manufacturer, seller, or distributor may be liable for any damages or losses. On bikes, the most frequently defective parts are the fuel systems, handlebars, tires, brakes, and engines.
Motorcycle crash injuries are often serious
Motorcycle crash injuries are often serious
Road rash can cause significant injuries, especially to motorcycle riders who are flung from their bikes and skid across the road surface. Burns, wounds, and bruises are caused by the intense heat generated by the friction between the skin of the biker and the pavement. The duration of the slide and the kind of clothes and protective equipment used determine how severe the road rash is. Severe injuries from road rash can cause life-threatening infections and lifelong scars.
Following a collision or crash, the following other motorbike injuries are frequently reported:
● Traumatic brain injury (TBI)
● Spinal cord injury and paralysis
● Internal bleeding and organ damage
● Broken bones
● Back and neck injuries (whiplash)
● Severe burns
● Amputation and disfigurement
● Bruises
● Lower extremity injury (legs, calves, ankles, feet, knees)
Georgia motorcycle accident laws
Georgia motorcycle accident laws
The primary source of Georgia's motorcycle laws is found in Title 40, Chapter 6 (§ 40-6-310 through § 40-6-315) of state statutes. These cover requirements ranging from equipment and helmet standards to lane splitting and right-of-way rules.
For example, Georgia's motorcycle helmet laws are specifically outlined in § 40-6-315 (Headgear and eye-protective equipment for riders), which states:
No person shall operate or ride upon a motorcycle unless wearing protective headgear of a type conforming to standards issued by the Commissioner of Public Safety.
Per a written directive from the Georgia Commissioner of Public Safety to the Secretary of State, all helmets must comply with the most recent U.S. Department of Transportation (DOT) motorcycle helmet regulations to be considered approved protective headgear.
In addition to the helmet requirement, key Georgia laws for motorcyclists include:
Motorcyclists have the same rights and duties as other vehicle operators to obey traffic laws.
Passengers may only ride on a permanently attached seat with footrests (except enclosed cabs/sidecars). Riders must straddle the seat facing forward with both hands on the handlebars.
Riders must wear shoes; barefoot/socks only is prohibited.
Lane splitting/sharing between rows of vehicles is illegal.
No more than two motorcycles may legally ride abreast in a single lane.
All motorcycles must have windshields unless the rider wears DOT-approved eye protection.
Motorcycle handlebars cannot exceed 15 inches above the seat height.
The same legal principles apply when pursuing personal injury claims stemming from motorcycle accidents, regardless of the vehicle types involved.
In regard to filing a personal injury lawsuit for an accident involving a motorcycle, the same laws apply whether the parties involved were driving a car, SUV, van, truck, motorcycle, scooter, moped, bicycle or another motor vehicle.
Whether the parties were driving a car, SUV, van, truck, motorcycle, scooter, moped, bicycle, or another kind of motor vehicle, the same statutes apply when pursuing a personal injury claim for a motorcycle accident.
The following three legal ideas are crucial to comprehend:
Modified comparative negligence
You are entitled to damages as long as you did not cause the motorbike accident. Nevertheless, if you shared some of the blame for the collision, your compensation may be lowered because Georgia has a modified comparative fault system.
Establishing negligence
Georgia's amended negligence law makes it particularly crucial to establish fault, or culpability. You must provide strong proof that the other driver or party (defendant) violated their obligation to drive safely and that this violation directly resulted in your harm, damage, and losses in order to show negligence in a motorcycle accident lawsuit.
Statute of limitations
According to Georgia law, you have two years from the date of the incident to file a lawsuit for a motorbike accident. This deadline only has a few exceptions. However, the earlier you seek expert legal assistance, the more time your legal team has to build a compelling case against the negligent party.
Overcoming bias against motorcyclists
If you ride a motorbike, you are certainly aware of the stigma and preconceptions surrounding motorcycles and riders in general. For example, there is a common misconception that all motorcycle riders are reckless thrill seekers who don't care about traffic laws, speed limits, or their own safety. Just as there are reckless and hazardous drivers of cars, there are certainly some motorcyclists who possess these traits, but this does not imply that all motorcycle riders are reckless.
Even though we should know better, jurors and judges may consider this unfair and false negative prejudice when determining how much compensation is owed in a personal injury case involving a biker who is suing another vehicle who struck them or a producer of motorcycle parts.
Research indicates that litigants who ride motorcycles had a lesser chance of winning claims and receiving lower settlement amounts when compared to other drivers.
Wearing a helmet is required when riding a motorcycle in Georgia. Observing these rules is one approach to fight this unjust stereotype. You might have a better case for damages if the jury and judge can see that you were operating a vehicle according to the regulations of the road and were wearing a helmet that the DOT had approved.
Above all, hiring a skilled legal team with a track record of success in motorcycle accident cases and the ability to resist stigma against motorcyclists is the best way to combat negative bias and safeguard your right to compensation.
What to do after a motorcycle accident
The instants following a motorbike accident can be disorienting and hazy. You may feel as though time has stopped or slowed down from shock and adrenaline. However, in these kinds of situations, time is of the essence, and decisions you make now, or later on, may have far-reaching effects.
The following are crucial actions to take following a motorbike accident in Atlanta:
1. Seek medical attention
It is rare for motorcyclists to survive a collision. Above all, you should contact an ambulance or visit a doctor right away to receive emergency medical attention for your injuries. This is critical even if you don't feel really harmed because some injuries, such as whiplash, soft tissue injuries, or internal bleeding, don't show symptoms right away because the adrenaline wears off. For your health and the possibility of a future damage claim, the sooner you receive medical attention, the better.
2. Gather evidence
Use the time you have at the accident scene wisely by gathering crucial evidence that will help identify culpability for a just settlement if you are among the lucky few who were not seriously injured in a motorbike incident and feel alright. For instance, document the accident site with photos and video, note the license plate number of the other driver, the insurance company and policy number, and the make and model of the vehicle that hit you while you wait for law enforcement to arrive and complete a police report. Obtaining the names and contact details of any eyewitnesses is also important. Never confess blame and refrain from conversing with the other motorist during this period.
3. Notify your insurer
It's critical that you report your motorbike accident as soon as possible to your auto insurance provider. Many insurance companies mandate that their clients report accidents to them and submit any personal injury claims to them within a predetermined window of time. They can reject your motorbike accident claim and refuse to cover costs such as hospital bills if you miss this deadline. However, until you've met with a car accident lawyer, you should NOT speak with the other driver's insurance company or engage in any settlement negotiations. The wounded party does not benefit from a speedy settlement; only the culpable party does.
4. Consult an attorney
Consult with a local personal injury attorney that handles motorcycle accident cases to find out more about your legal options, get started on building your case before the statute of limitations runs out, and ensure that you get the most money possible. It's crucial to consult with an attorney as soon as possible because if you wait too long, crucial evidence may be lost and witnesses may relocate. It's especially crucial to speak with an attorney if you suffered severe injuries or lost a loved one and were unable to gather proof.
The Law Offices of Julian Lewis Sanders & Associates
The Law Offices of Julian Lewis Sanders & Associates
3560 Lenox Rd #1500, Atlanta, GA 30326
3560 Lenox Rd #1500, Atlanta, GA 30326
(678) 705-9581
(678) 705-9581
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