Motorcycle Accidents

Fayetteville Motorcycle Accident Attorneys

Handling Motorcycle Accident Cases in Fayetteville, GA

At Morrison & Hughes Law, our Fayetteville motorcycle accident lawyers understand the unique challenges that motorcyclists face on Georgia’s roads. Motorcycles are not only a popular mode of transportation but also offer an exhilarating experience for riders. However, motorcyclists are particularly vulnerable in the event of an accident. Without the protection of a car’s frame, they are at a higher risk of severe injury. If you’ve been involved in a motorcycle accident in Fayetteville or the surrounding areas, our experienced attorneys are here to help you seek the compensation you deserve.

Contact us today at 404-LAW-TEAM to request a free consultation.

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Georgia Motorcycle Laws

Understanding Georgia’s motorcycle laws is crucial for riders, as these laws are designed to promote safety and reduce the risk of accidents. At Morrison & Hughes Law, we help injured motorcyclists navigate the legal complexities after an accident, starting with understanding the state’s regulations.

Helmet Requirements

Under Georgia law, all motorcycle riders and passengers must wear a Department of Transportation-approved helmet. This law applies to every motorcyclist, regardless of age or experience. Helmets significantly reduce the risk of fatal injuries in a crash, and failing to wear one can impact your claim if you’re injured.

License and Insurance

To legally operate a motorcycle in Georgia, riders must have a valid motorcycle license or Class M endorsement. Additionally, motorcyclists are required to carry minimum liability insurance, including:

  • $25,000 for bodily injury per person
  • $50,000 for bodily injury per accident
  • $25,000 for property damage

Failure to carry the required insurance can result in fines and impact your ability to recover damages after an accident.

Lane Splitting

Georgia prohibits lane splitting, which is when a motorcyclist rides between two lanes of traffic. While many motorcyclists view lane splitting as a way to avoid traffic, it is illegal in Georgia and can be considered reckless driving.

Common Causes of Motorcycle Accidents

Motorcycle accidents can happen for a variety of reasons, many of which are caused by the negligence of other drivers. Some of the most common causes include:

  • Distracted Driving: One of the leading causes of motorcycle accidents is distracted driving. Drivers who are texting, eating, or adjusting their GPS may not notice motorcyclists on the road. Because motorcycles are smaller than other vehicles, they are more easily overlooked.
  • Left-Turn Accidents: Motorcycles are often involved in accidents when a car or truck makes a left turn in front of them. Drivers may misjudge the speed or distance of an oncoming motorcycle, leading to a collision. These types of accidents are particularly dangerous for motorcyclists and often result in serious injuries.
  • Speeding: Excessive speed can reduce a driver’s ability to react in time to avoid a crash. When a car or motorcycle is speeding, the likelihood of a severe accident increases dramatically. Speeding also increases the force of impact, making injuries more severe.
  • Drunk Driving: Driving under the influence is a significant cause of motorcycle accidents. Impaired drivers have slower reaction times and impaired judgment, making it difficult to avoid collisions with motorcyclists. Even a slight delay in reaction time can result in a life-threatening crash.
  • Road Hazards: Motorcyclists are particularly susceptible to road hazards, such as potholes, loose gravel, and debris. While a car might drive over these hazards without much issue, they can cause a motorcyclist to lose control and crash.
What are the Legal Challenges Motorcyclists Face?

One of the most significant challenges motorcyclists face is bias. Insurance companies and juries may assume that motorcyclists are inherently reckless, which can unfairly impact the outcome of a claim. This stereotype can lead to reduced settlements or the denial of claims, even when the motorcyclist was following the law.

In addition, Georgia follows a comparative negligence rule, meaning that if you are found partially at fault for the accident, your compensation can be reduced by your percentage of fault. For example, if you are found 20% at fault for the accident, your compensation will be reduced by 20%. Insurance companies may attempt to assign blame to the motorcyclist to lower their payout.

Lastly, proving liability in a motorcycle accident case can be challenging, especially if there are no witnesses or clear evidence. You will need to show that the other driver was negligent and that their negligence caused your injuries.

Long-Term Effects of Catastrophic Injuries

Catastrophic injuries can lead to a variety of long-term consequences, depending on the type and severity of the injury. These effects can include:

  • Permanent Disability: Many catastrophic injuries result in lifelong disabilities, such as paralysis, loss of motor skills, or cognitive impairments. This can make it impossible for victims to return to their previous line of work or live independently.
  • Chronic Pain: Chronic pain often accompanies severe injuries, making it difficult for victims to enjoy their daily lives or engage in physical activities.
  • Mental Health Struggles: The emotional toll of a catastrophic injury can be immense, leading to depression, anxiety, and other mental health challenges. Many victims struggle to cope with the drastic changes in their lives.
  • Financial Hardships: Between lost wages, medical bills, and the cost of long-term care, catastrophic injuries can create significant financial stress. Many families find themselves unable to cover the costs associated with their loved one’s recovery.

How a Fayetteville Motorcycle Accident Lawyer Can Help

If you’ve been injured in a motorcycle accident, our Fayetteville motorcycle accident attorneys at Morrison & Hughes Law can provide the following services:

  • Investigation and Evidence Collection: We will conduct a thorough investigation of your accident, gathering evidence such as police reports, witness statements, and surveillance footage. This evidence is crucial in proving liability and establishing the other driver’s negligence.
  • Negotiating with Insurance Companies: Insurance companies often try to settle claims for as little as possible, and they may use tactics to devalue your claim. Our experienced attorneys will negotiate on your behalf to ensure you receive a fair settlement that covers your medical expenses, lost wages, and pain and suffering.
  • Litigation: If a fair settlement cannot be reached through negotiations, our team is prepared to take your case to court. We have extensive experience in motorcycle accident litigation and will advocate for you at every stage of the legal process.

when you have been injured, we won't back down

It can feel like the system is designed for you to lose- but with attorneys who don't back down on your side, you can fight- and win.

Our FAQ

Frequently Asked Questions

Have questions? We are here to help. Still have questions or can’t find the answer you need? Give us a call at 404-238-7028 today!

In Georgia, you generally have up to two years from the date of the motorcycle accident to bring a personal injury claim. If someone you love suffered fatal injuries in a motorcycle crash, you will have two years from the date of their passing, not the date of the accident itself, to file a wrongful death lawsuit. Missing the applicable deadline will prevent you from pursuing your claim and recovering any compensation, so do not wait to get legal advice.

 

The short answer is, in many scenarios, yes, you can still recover partial compensation. If you were not wearing a helmet at the time of the accident, you were breaking a Georgia traffic law. However, not wearing a helmet does not undo the negligence of the driver who caused your accident. The precise impacts will depend on the specific facts of your case. For example, if you suffered a traumatic brain injury because of the force of impact to your head – some of which arguably could have been mitigated by wearing a helmet – it may be tougher to get full compensation for that specific injury. With that said, we are skilled litigators who understand how to effectively approach cases involving partial fault. We can walk you through how the state’s modified comparative negligence laws may influence what you can recover. No matter your situation, we will work to secure as much compensation as possible.

There are many factors that play into the value of your claim. Knowing how those factors come together and how to make an appropriate demand to the insurance company is the hallmark of an expert motorcycle crash attorney. You and your attorney will need to work together to maximize the fair value of your case, taking into consideration:

  • Medical Bills: Almost all of your damages are based on how much medical care you get, including the total cost of your medical bills, and your attendance at medical appointments. In court, proof that you received care quickly and consistently is the key to a bigger verdict.
  • Pain & Suffering: In addition to your medical bills, you are also entitled to compensation for loss of enjoyment of life, mental anguish, impairment of your activities of daily living, scarring or damage to tattoos, along with other types of benefits based on your pain and suffering. Our experienced Atlanta motorcycle wreck attorneys know exactly how to ask a jury to compensate you for the pain caused by a negligent or drunk driver.
  • Who Hit You, and How Much Insurance Do They Have: In Georgia, most drivers carry the State minimum for auto insurance, which is $25,000.00 per person, with a $50,000.00 cap per accident. This means that the negligent driver’s insurance company could be obligated to pay out only $25,000.00 for your injuries, regardless of how hurt you are. By contrast, many commercial vehicles typically have at least $750,000.00 of auto insurance. Likewise, we highly recommend that you purchase “add on” underinsured motorist (UM) coverage. This insurance pays out when the negligent driver’s insurance is inadequate to cover your losses, and it is relatively inexpensive.
  • Venue: Putting a value on your case, and what you have lost, is the job of a jury. Your lawsuit’s “venue” is the county where your lawsuit must be filed, and the county where your jury lives, so it can have a big impact on your recovery. A Cobb County, Marietta motorcycle accident may be worth more than a Cherokee County, Woodstock motorcycle accident, but less than a Fulton County, Alpharetta motorcycle accident. In general (but not always) rural juries pay out less than urban (city) juries. Understanding the venue, and how that plays into negotiations is one hallmark of a seasoned Georgia motorcycle accident lawyer.
  • Punitive Damages: These are damages meant to punish the other driver. From reckless driving to intoxication to fleeing the scene of the accident, many factors can play into a punitive damages claim. Likewise, your experienced Marietta motorcycle crash attorney will have a deep understanding of insurance bad faith law.
  • Death Claims: no amount of money can compensate for a death in the family. However, the law makes certain benefits available to the family or estate of a deceased cyclist in addition to the damages discussed above. These include benefits for funeral and burial costs, loss of companionship, loss of enjoyment of life, loss of future income, and the grief and emotional damage of the death.
  • Other Damages: Depending upon your accident, and whether you are married, other damages may be available, such as loss of consortium. If you are unable to work due to your accident, you are entitled to lost wages and possibly a loss of future earning capacity. To get a fuller understanding of your potential recovery, contact one of our local motorcycle accident attorneys.

Passenger Claims

The passenger on a motorcycle at the time of an accident is almost never at fault for the wreck. If you were the passenger involved in a motorcycle or ATV collision, even if it was a single-vehicle collision, call us to discuss your rights.

ATVs and two-wheeled motor vehicles involve risks that enclosed vehicles don’t face. The rider or passenger is often thrown off the vehicle with extreme force during a motorcycle accident, which can result in severe trauma, including brain injuries, spinal damage, and friction burns (road rash), amongst other things.

With few exceptions, there are no airbags on a motorcycle (unless you have a Honda Goldwing). Likewise, enclosed vehicles have a host of other safety features. Even ATVs with cages lack many of these advanced protections, so when an accident occurs, it is likely to be worse for the rider.

Finally, two-wheeled vehicles face challenges from the elements and road defects that other drivers can ignore without consequences. These are hazards that most drivers miss or don’t understand. In the same way, your average injury lawyer simply doesn’t understand the challenges of motorcycle litigation.

The top-rated motorcycle injury lawyers at Morrison & Hughes know how to keep their eyes on the road, to protect you from legal hazards. Call our experienced Atlanta motorcycle attorneys for your free legal consult at (404) 689-2734