Atlanta · Motorcycle accidents

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Riding in Atlanta takes skill — and other drivers don’t always see you

Atlanta has a year-round riding season and a large, active motorcycle community, from weekend groups heading up GA-400 toward the North Georgia mountains to commuters who ride because it is the fastest way through traffic. The same roads that make riding appealing also make it dangerous. On I-285 and I-75, drivers changing lanes in heavy traffic often check their mirrors for cars and miss a motorcycle entirely. In the merge zones around Spaghetti Junction and the Downtown Connector, a single unsignaled lane change can force a rider into a barrier.

The single most common serious motorcycle crash we see is the left turn in front of an oncoming rider — at intersections along Peachtree Road, Ponce de Leon Avenue, Buford Highway and countless suburban corridors. The driver usually says the same thing: “I never saw them.” That statement is not an excuse under Georgia law. Drivers have a duty to look for and yield to all oncoming traffic, motorcycles included.

Georgia’s helmet law

Georgia has a universal helmet law. Under O.C.G.A. § 40-6-315, every motorcycle operator and passenger must wear protective headgear that meets the standards set by the Georgia Department of Public Safety, regardless of age or experience. The same statute requires eye protection unless the motorcycle has a windshield.

If you were wearing a compliant helmet, the defense may still try to question whether it met the standard or was properly fastened. If you were not wearing one, expect the insurer to raise it. But it is important to understand what a helmet does and does not prove. Not wearing a helmet does not cause a car to turn left in front of you. At most, the defense may argue that a helmet would have reduced certain head injuries — an argument that has no bearing on a broken leg, road rash or a spinal injury. Each case turns on its facts, and how a court handles helmet evidence can depend on the injuries involved. We prepare for the argument rather than hoping it won’t come up.

Confronting the bias riders face

Many adjusters and some jurors come to a motorcycle case assuming the rider was speeding, weaving or showing off. That assumption can quietly shape everything from the first settlement offer to the final verdict. Because Georgia uses modified comparative fault under O.C.G.A. § 51-12-33, the bias has real financial consequences: any percentage of fault assigned to the rider reduces the award, and if the rider is found 50% or more at fault, they receive nothing.

We counter bias with facts. That can mean reconstructing speed from scene evidence and vehicle damage, pulling video from nearby businesses and traffic cameras, obtaining data from the other vehicle, and documenting your riding experience, training and safety gear. Photos of a rider’s protective jacket, boots and gloves tell a jury something about who they are. We also address common misunderstandings head-on. For example, lane splitting is illegal in Georgia under O.C.G.A. § 40-6-312, but two motorcycles riding side by side in a single lane is allowed — and riders sometimes get blamed for perfectly lawful positioning.

Injuries and insurance

Motorcycle crashes often cause severe injuries: fractures, road rash requiring skin grafts, traumatic brain injury, and spinal damage. Georgia’s minimum auto liability limits of $25,000 per person rarely cover care at that scale. We look at every available source of coverage, including your own uninsured/underinsured motorist coverage on your motorcycle policy and, in some cases, auto policies in your household.

The general deadline to file a lawsuit for your injuries is two years from the crash under O.C.G.A. § 9-3-33. If a commercial vehicle was involved, read about the extra evidence at stake on our Atlanta truck accident lawyers page; for crashes between passenger cars, see our Atlanta car accident page. When a crash proves fatal, our wrongful death attorneys help families understand their rights.

What a motorcycle injury claim can include

Because riders have so little protection, the losses after a crash tend to be larger and last longer than in many car accidents. A complete claim looks past the first hospital bill. It can include emergency care, surgery and hospitalization, follow-up treatment like physical therapy and skin grafts, and the cost of future care your doctors expect you will need. It can also include lost wages while you recover and, if your injuries limit the work you can do, the loss of future earning capacity.

Georgia law also allows compensation for pain and suffering — the physical pain, the disruption to your daily life, the scarring, and the things you can no longer do, including riding itself for some people. Property losses count too: the motorcycle, and also your helmet, jacket, gloves, boots and any aftermarket parts or accessories. Riders often underestimate these items, and high-quality gear can be expensive to replace.

Timing matters when valuing a claim. Settling before you have reached maximum medical improvement can leave future surgeries or treatment uncovered, and once a release is signed, the claim is usually closed for good. We generally recommend understanding your long-term prognosis before evaluating any offer, while still filing within Georgia’s two-year limit. Throughout the process, we keep you informed and let you make the decisions about your case.

Riders also deserve a lawyer who understands motorcycles. We know the difference between a sport bike and a touring bike, why a rider might brake differently than a driver, and how road debris, gravel and uneven pavement on Atlanta’s surface streets can affect a motorcycle in ways that barely register in a car. That understanding helps us explain the crash to adjusters and, when necessary, to a jury.

What to do after a motorcycle crash

1. 01
   Get to safety and call 911

   Move away from traffic if you can. Ask for police and medical help even if you think you’re fine.
2. 02
   Keep your gear

   Don’t throw away your helmet, jacket or boots. Damage to your gear can help show the forces involved.
3. 03
   Photograph the scene

   Capture vehicle positions, the intersection or lane, debris, skid marks and any obstructions to visibility.
4. 04
   Find witnesses

   Independent witnesses are especially valuable in motorcycle cases, where bias can creep in.
5. 05
   Avoid recorded statements

   Decline to discuss fault with the other driver’s insurer until you’ve had advice.
6. 06
   Get a free case review

   We can start preserving video and vehicle data right away.

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