TESTIMONIALS
I called Matt after several people recommended him. He was very kind and did a very good job on my son’s case. We are very thankful for the work he did. Most importantly, he was never hard to reach and answered every question we had while going through the process. Matt is the only attorney I will ever call in the future.
- Emily
My husband is a cyclist that did not fair well against an SUV recently. Matt and his team took phenomenal care of us, allowing us not to stress out (too much) about the little things. Matt and his team handled everything with professionalism. We know we made the right call.
- Jane
So glad I hired this firm after my rearend car accident. Matt embodies the skill set and values I was looking for. He treats every case like a mini war, and was a zealous advocate on my behalf. And he did so in the most competent and skillful manner. He listened, was empathetic and understood my legal and nonlegal problems.
- Jared
It was important to me to get the maximum money I could for my broken neck and arm. After getting jerked around for months by State Farm, I interviewed several firms and chose Mr. Wetherington. I’m glad I did. He forced the insurance company to pay twenty times their last offer to me.
- Veronica
It is an honor to share my experience with Mr. Wetherington. He was able to get answers about what happened in my son’s wreck that other attorney’s were not able to do. I am so thankful for the work that he did and he was very thorough in his explanation of why the vehicle had a “defect.”
- Anonymous
My case did not settle. The person that hit me only had minimal policy limits. Fortunately, I had my own insurance, which should have provided more money. My insurance company, Allstate, treated me like garbage. We had to sue them and go all the way to trial, which we won.
- Jane Doe
Matt Wetherington is the attorney who is suing the booting companies. We need to do everything we can as a community to help him succeed. God bless you, Mr. Wetherington!
- Michael
Motorcycle accidents are different from other traffic crashes. Riders have less protection, injuries are often more severe, and insurance companies tend to treat motorcyclists unfairly from the start. When a motorcycle crash is caused by negligence, Georgia law allows injured riders to pursue compensation through a personal injury claim.
A motorcycle accident claim is a civil lawsuit focused on accountability and financial recovery. It is not about traffic tickets or blame alone. It is about proving liability, showing how the crash happened, and securing compensation for medical care, lost income, and long-term harm.
Under Georgia personal injury law, drivers have a duty of care to watch for motorcyclists and operate their vehicles safely. When that duty is breached, and a rider is seriously injured, the at-fault party can be held legally responsible in civil court.
At Wetherington Law Firm, our Atlanta motorcycle accident lawyers represent injured motorcyclists across Atlanta, Fulton County, and surrounding areas. We handle serious injury cases and approach every motorcycle accident claim with the preparation and seriousness required to stand up to insurance companies. Call us today at (404) 888-4444 for a free consultation.
Get Free Consultation
Get free case evaluation for your injuries, damages and claim process.
What Qualifies as a Motorcycle Accident Claim in Atlanta?
A motorcycle accident claim arises when a motorcyclist is injured due to another party’s negligence or reckless conduct. Negligence may involve distracted driving, failure to yield, speeding, or unsafe lane changes.
To succeed in a motorcycle accident lawsuit, four elements must be established. The at-fault party must have owed a duty of care, breached that duty, caused the crash, and resulted in damages. These claims are handled in civil court and are governed by Georgia’s personal injury laws.
Georgia follows a comparative negligence system. This means an injured motorcyclist may still recover compensation even if they were partially at fault, as long as they were less than 50 percent responsible for the crash. Insurance companies often try to exaggerate rider fault, which makes legal representation especially important in motorcycle cases.
Common Causes of Motorcycle Accidents in Atlanta
Motorcycle accidents in Atlanta often occur because other drivers fail to see or respect motorcyclists on the road. Many crashes are preventable and result from simple negligence.
Driver Negligence
Distracted driving, drunk driving, reckless driving, speeding, and following too closely are common causes of motorcycle crashes. Drivers often misjudge a motorcycle’s speed or fail to notice a rider altogether.
Intersection and Lane-Change Accidents
Left-turn accidents at intersections are among the most dangerous for motorcyclists. Unsafe lane changes, sideswipe accidents, rear-end collisions, and intersection collisions frequently lead to serious injuries.
Road Hazards and Dangerous Conditions
Potholes, gravel, debris, and poor road conditions pose a greater risk to motorcycles than passenger vehicles. In some cases, a government entity or road maintenance authority may be responsible for failing to maintain safe roadways.
What are the Injuries Commonly Suffered in Motorcycle Accidents?
Because motorcycles offer little physical protection, injuries are often severe. Even low-speed crashes can result in catastrophic harm.
Common motorcycle accident injuries include traumatic brain injuries, spinal cord injuries, paralysis, broken bones, fractures, road rash, internal injuries, burns, amputations, and permanent disabilities. Many riders require long-term medical care and rehabilitation.
These injuries often affect a rider’s ability to work, maintain independence, and enjoy daily life. The severity of motorcycle injuries is a key factor in determining the value of a personal injury claim.
Get Free Consultation
Get free case evaluation for your injuries, damages and claim process.
Medical Treatment and Long-Term Care After a Motorcycle Crash
Motorcycle accident victims often require immediate emergency medical treatment, hospitalization, and surgery. Recovery may involve months or years of rehabilitation, physical therapy, and follow-up care.
Some injuries require ongoing medical treatment, assistive devices, or home modifications. Future medical care is an important part of a motorcycle accident claim and must be properly documented to ensure full compensation.
Failing to account for long-term medical needs can leave injured riders financially vulnerable long after a case is resolved.
What Compensation is Available in an Atlanta Motorcycle Accident Case?
Georgia law allows injured motorcyclists to recover compensation for both financial losses and personal harm caused by the crash.
Economic Damages
Economic damages include medical bills, future medical care, rehabilitation costs, lost wages, loss of earning capacity, and property damage. This also includes motorcycle repair or replacement.
Non-Economic Damages
Non-economic damages address the personal impact of the injury. These may include pain and suffering, emotional distress, permanent impairment, and loss of enjoyment of life.
Punitive Damages
In cases involving gross negligence or reckless conduct, such as drunk driving or extreme speeding, punitive damages may be awarded to punish the at-fault party and deter similar behavior.
Who May Be Liable for a Motorcycle Accident?
Liability in a motorcycle accident is not always limited to one driver. Depending on the circumstances, multiple parties may be responsible.
Liable parties may include a negligent driver, a commercial driver, a trucking company, an employer, a motorcycle manufacturer, a parts manufacturer, or a government entity responsible for road maintenance. Identifying all liable parties is critical to maximizing compensation.
What an Atlanta Motorcycle Accident Lawyer Must Prove to Win in Georgia Courts
Motorcycle accident cases in Georgia are often more aggressively defended than standard car crash claims. An Atlanta motorcycle accident lawyer must prove duty, breach, causation, and damages while overcoming bias frequently directed at motorcyclists.
Most cases are filed in venues such as the Fulton County Superior Court or other Georgia trial courts, where liability is analyzed under standard negligence principles. While drivers owe a duty to operate safely under Georgia traffic law, insurers often attempt to argue that the motorcyclist assumed risk or was operating recklessly. Establishing breach may require crash reconstruction, vehicle event data, surveillance footage, and witness testimony to demonstrate that the defendant failed to yield, changed lanes improperly, or violated right-of-way rules.
Causation can become complex when defense counsel argues that injuries were exacerbated by helmet use issues, speed, or preexisting conditions. An Atlanta motorcycle accident attorney must counter these strategies with biomechanical experts, medical testimony, and documented scene evidence. Proving damages often involves demonstrating long-term impairment, surgical intervention, lost earning capacity, and permanent lifestyle impact. Preparation at the evidentiary level is what determines whether a case resolves favorably or proceeds to trial.
How Georgia’s Modified Comparative Negligence Rule Impacts Motorcycle Accident Claims
Georgia follows a modified comparative negligence system. If a motorcyclist is found partially at fault for the collision, any compensation awarded will be reduced by that percentage. If the rider is determined to be 50 percent or more responsible, recovery may be barred entirely.
This rule makes early evidence preservation critical. Insurance companies frequently attempt to portray motorcyclists as inherently reckless, even when the primary fault lies with a distracted or inattentive driver. An experienced Atlanta motorcycle accident attorney anticipates these arguments by securing black box data, intersection camera footage, and expert reconstruction analysis before evidence disappears. Minimizing comparative fault exposure can significantly influence the ultimate recovery.
How Motorcycle Accident Cases Actually Unfold in Fulton County Courts
Motorcycle accident litigation often begins with immediate insurer involvement and recorded statement requests. After filing in a venue such as Fulton County Superior Court, defense counsel typically investigates the rider’s speed, lane positioning, and protective gear usage.
Discovery is where the case is built. Depositions of the at-fault driver, investigating officers, accident reconstruction experts, and treating physicians shape how liability and damages will be presented. In severe injury cases involving traumatic brain injury, spinal damage, or multiple fractures, medical testimony becomes central to establishing long-term impairment.
Most motorcycle accident cases resolve through negotiation or mediation once both sides understand the evidentiary strengths. However, meaningful settlements are usually achieved only when the defense recognizes that the plaintiff’s attorney is prepared to present the case before a Georgia jury.
A Real Case Journey: From Investigation to Resolution
In one serious motorcycle collision, the at-fault driver claimed the rider was speeding and “came out of nowhere.” Early police narratives appeared neutral, and the insurer initially offered a minimal settlement based on disputed liability.
A detailed investigation revealed traffic-camera footage showing the driver making an unsafe left turn across the rider’s lane. Vehicle data and reconstruction analysis established that the motorcycle was traveling within the posted speed limit. Medical experts documented multiple fractures requiring surgical fixation and extensive rehabilitation.
Once liability was reframed through objective evidence, the insurer reassessed its exposure. The final resolution reflected not only medical expenses and lost income, but also long-term functional limitations and diminished earning capacity. The outcome shifted because the case was developed as a trial-ready file rather than a quick settlement claim.
Common Mistakes Injured Riders Make in the First 30 Days After a Crash
The weeks following a motorcycle accident are medically and legally sensitive. One common mistake is providing a recorded statement before understanding how comparative negligence may be argued. Small inconsistencies can later be used to reduce recovery.
Another issue is failing to preserve damaged riding gear, helmet evidence, or the motorcycle itself. Physical damage patterns often support reconstruction findings and liability arguments. Riders also sometimes delay medical follow-up, allowing insurers to question the severity of injuries.
An Atlanta motorcycle accident lawyer should be involved early to protect evidence, manage insurer communications, and ensure compliance with Georgia’s statute of limitations.
Get Free Consultation
Get free case evaluation for your injuries, damages and claim process.
How Insurance Companies Defend Motorcycle Accident Claims in Georgia
Motorcycle cases are frequently evaluated through a lens of skepticism by insurers. Defense strategies often focus on speed assumptions, lane-splitting allegations, or arguments that the rider could have avoided impact.
Economic damages are also challenged aggressively. Defense-retained medical experts may attempt to minimize the long-term impact of orthopedic injuries or dispute the necessity of future procedures. In high-value cases, vocational experts and economists are often engaged to debate lifetime earning projections.
Understanding these tactics changes how a case is prepared. Building leverage requires early expert consultation, documented medical progression, and a structured liability narrative. An Atlanta motorcycle accident lawyer who prepares the case for litigation places meaningful pressure on insurers to resolve claims fairly.
How Jury Bias Against Motorcyclists Is Addressed in Atlanta Courtrooms
Motorcycle accident cases often carry an added challenge that is not written into any statute: perception. In courtrooms such as the Fulton County Superior Court, jurors are instructed to evaluate evidence objectively. However, insurance defense teams frequently attempt to frame riders as inherently reckless, risk-taking, or aggressive in traffic. That narrative can influence how fault and damages are viewed if it is not directly addressed.
An experienced Atlanta motorcycle accident lawyer anticipates this dynamic from the beginning of the case. During jury selection, careful questioning helps identify preconceived attitudes about motorcyclists, speed, and road-sharing responsibilities. Throughout litigation, objective evidence becomes critical. Crash reconstruction data, traffic-camera footage, helmet compliance records, and medical documentation shift the focus away from stereotype and toward measurable facts. When jurors understand lane positioning, visibility angles, and reaction time through expert testimony rather than assumption, the case is evaluated on conduct, not perception.
Addressing bias is not about emotion. It is about structure. Presenting clear timelines, demonstrative exhibits, and expert-backed analysis reinforces that the case turns on whether the defendant violated traffic safety rules, not on whether the injured person chose to ride a motorcycle. In high-value claims, controlling that narrative can significantly affect how liability is allocated and how damages are calculated under Georgia’s comparative negligence framework.
The Motorcycle Accident Claim Process in Georgia
The motorcycle accident claim process in Georgia often begins within days of the crash, when insurance companies request recorded statements and medical authorizations. An Atlanta motorcycle accident lawyer typically intervenes early to manage communications, preserve evidence, and prevent statements from being used to shift blame under Georgia’s comparative negligence rules. Early steps often include securing police reports, traffic-camera footage, vehicle data, and medical documentation to establish liability and the full scope of injuries.
Once the evidence is organized, a formal demand is presented to the at-fault party’s insurer. This demand outlines legal responsibility and details economic losses such as medical expenses and lost income, along with non-economic damages related to pain, impairment, and long-term impact. Negotiations may follow, and in some cases mediation is used to explore resolution before filing suit.
If a fair settlement is not reached, a lawsuit is filed in the appropriate Georgia court, frequently the Fulton County Superior Court. The case then proceeds through discovery, depositions, and expert disclosures. Many motorcycle accident claims resolve before trial once the strength of the evidence becomes clear, but preparation for trial remains essential to achieving meaningful compensation.
Dealing With Insurance Companies After a Motorcycle Accident
Insurance companies often approach motorcycle accident claims with bias. Adjusters may assume the rider was reckless or attempt to minimize injuries.
After a crash, insurers may push for recorded statements, quick settlements, or low settlement offers. They may also dispute liability coverage or argue policy limits restrict recovery.
An experienced motorcycle accident lawyer handles insurance claims, communicates with adjusters, prepares demand letters, and negotiates for fair compensation. Uninsured motorist and underinsured motorist coverage may also apply in some cases.
How Wetherington Law Firm Handles Motorcycle Accident Cases
At Wetherington Law Firm, we handle motorcycle accident cases with a trial-focused approach. We begin with a detailed accident investigation, reviewing police reports, medical records, and available evidence.
When needed, we work with accident reconstruction experts and medical professionals to establish liability and damages. We prepare every case for litigation, even while pursuing settlement negotiations.
Our Atlanta motorcycle accident attorneys are experienced trial lawyers who are prepared to take motorcycle accident cases before a jury when insurance companies refuse to act fairly.
Georgia Motorcycle Laws That Affect Injury Claims
Georgia motorcycle laws play an important role in injury claims. The state requires motorcycle riders to wear helmets and carry proper motorcycle endorsements.
Insurance companies often argue that helmet use or protective gear affects compensation. While safety equipment can be relevant, failure to wear certain gear does not automatically bar a personal injury claim. Liability is still based on negligence and fault.
Traffic violations, such as speeding or failure to yield, may also impact fault determinations under Georgia law.
What is the Statute of Limitations for Motorcycle Accident Claims in Georgia?
Georgia law sets a strict statute of limitations for motorcycle accident claims. In most cases, a personal injury lawsuit must be filed within two years from the date of the accident.
Missing this deadline can permanently bar recovery. Certain exceptions may apply, but they are limited. Speaking with an Atlanta motorcycle accident attorney early helps protect your rights and preserve critical evidence.
Why Injured Motorcyclists Across Atlanta Choose Wetherington Law Firm
Injured riders choose Wetherington Law Firm because we focus on serious injury cases and understand the unique challenges motorcycle accident claims present.
We are known for thorough preparation, clear communication, and standing up to insurance companies. Our personal injury attorneys are members of the Georgia State Bar and bring real litigation experience to every case.
We treat motorcycle accident cases with the seriousness they deserve and fight for compensation that reflects the full impact of the injury.
What to Expect During a Free Motorcycle Accident Consultation
Your consultation is free and confidential. During this meeting, we review the details of the accident, explain your legal options, and answer your questions in clear terms.
If we take your case, we handle the legal process from start to finish. There are no upfront fees. We work on a contingency fee basis and only get paid if compensation is recovered.
Get Free Consultation
Get free case evaluation for your injuries, damages and claim process.
Atlanta Motorcycle Accident Lawyer FAQs
How long do motorcycle accident cases take in Atlanta?
There is no single timeline for a motorcycle accident case because each case depends on its facts. Less complex cases with clear liability and documented injuries may resolve through settlement in several months. More serious cases involving catastrophic injuries, disputed fault, or multiple defendants can take a year or longer.
Medical treatment often affects timing. It is important to understand the full extent of injuries, future medical needs, and long-term limitations before resolving a claim. Settling too early can leave injured riders without compensation for ongoing care or lost earning capacity.
If a case proceeds to litigation, additional time is required for discovery, depositions, and possibly a jury trial in Fulton County or another Georgia court. A motorcycle accident lawyer in Atlanta, GA helps manage expectations and keeps the case moving forward while protecting its value.
What if I was partially at fault for the motorcycle crash?
Georgia follows a modified comparative negligence rule. This means you can recover compensation as long as you are less than 50 percent responsible for the accident. However, your compensation will be reduced by your percentage of fault.
Insurance companies often try to assign blame to motorcyclists by arguing speeding, lane positioning, or visibility issues, even when the primary cause was driver negligence. These arguments are common in motorcycle accident claims and are not always supported by evidence.
An Atlanta motorcycle accident lawyer reviews accident reports, witness statements, and physical evidence to challenge unfair fault claims. Establishing accurate liability is critical to protecting your right to compensation.
Does not wearing a helmet affect my motorcycle accident claim?
Georgia law requires motorcycle riders to wear helmets. Insurance companies frequently argue that failure to wear a helmet caused or worsened injuries. While helmet use may be considered, it does not automatically bar a personal injury claim.
Liability is based on how the accident occurred, not just the injuries that resulted. If another driver caused the crash through negligence, they may still be held responsible for the harm caused. In some cases, helmet use may affect the amount of damages related to head injuries, but it does not eliminate the right to pursue compensation.
Each case is fact-specific. An attorney can explain how helmet laws and injury causation apply to your situation.
What insurance coverage applies to motorcycle accidents?
Motorcycle accident claims often involve multiple insurance policies. The at-fault driver’s liability coverage is usually the first source of compensation. However, policy limits may be too low to cover serious injuries.
Uninsured motorist and underinsured motorist coverage can play a critical role when the at-fault driver has no insurance or insufficient coverage. Medical payments coverage may also help pay for immediate medical expenses.
Insurance companies often dispute coverage, deny claims, or offer settlements that do not reflect the true cost of injuries. An Atlanta motorcycle accident attorney identifies all available coverage and handles communication with insurers to protect your interests.
How much is my motorcycle accident case worth?
The value of a motorcycle accident case depends on several factors. These include the severity of injuries, medical expenses, future treatment needs, lost wages, loss of earning capacity, permanent disability, and the personal impact of the injuries.
Non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life are also important components of a claim. In cases involving reckless conduct or drunk driving, punitive damages may be available.
There is no standard settlement amount. A proper case evaluation looks beyond immediate bills and considers how the injuries affect your life long term.
Speak With an Atlanta Motorcycle Accident Lawyer Today
If you were injured in a motorcycle crash caused by negligence, you do not have to face the legal process alone. An Atlanta motorcycle accident lawyer at Wetherington Law Firm can help you pursue fair compensation and hold the responsible parties accountable. Contact Wetherington Law Firm today to schedule a free consultation. There are no fees unless compensation is recovered. Call us today at (404) 888-4444.
Get Free Consultation
Get free case evaluation for your injuries, damages and claim process.
Georgia Auto Laws
Driving While Intoxicated
OCGA 40-6-253 and OCGA 40-6-391
Speeding
OCGA 40-6-181
Using a Phone While Driving
OCGA 40-6-241
Failing to Yield to Pedestrians
OCGA 40-6-91, OCGA 40-6-92, OCGA 40-6-93, and OCGA 40-6-96
Failing to Obey a Traffic Official
OCGA 40-6-2
Conducting a Police Chase in a Reckless Manner
OCGA 40-6-6
Failing to Change Lanes to Give Space for Parked Emergency Vehicles and Construction Workers
OCGA 40-6-16 and OCGA 40-6-75
Tampering with or Stealing Road Signs
OCGA 40-6-26
Failing to Maintain One Lane
OCGA 40-6-40 and OCGA 40-6-48
Going the Wrong Way on a One-Way Road
OCGA 40-6-47 and OCGA 40-6-240
Driving a Tractor-Trailer or Bus in the Far-Left Lane(s)
OCGA 40-6-52
Failing to Yield to Emergency Vehicles
OCGA 40-6-74
Making an Improper U-Turn
OCGA 40-6-121
Failing to Exercise Due Caution Near Railroad Crossings
OCGA 40-6-140 and OCGA 40-6-142
Driving Too Slow in the Fast Lane
OCGA 40-6-184
Failing to Slow and Exercise Caution in Construction Zones
OCGA 40-6-188
Obstructing an Intersection
OCGA 40-6-205
Failing to Secure all Loads
OCGA 40-6-248.1 and OCGA 40-6-254
Driving Recklessly
OCGA 40-6-390
Causing Serious Injury by Vehicle
OCGA 40-6-394
Running a Red or Yellow Traffic Light
OCGA 40-6-20, OCGA 40-6-21, and OCGA 40-6-23
Traveling Too Close to Other Vehicles
OCGA 40-6-49
Running Stop and Yield Signs
OCGA 40-6-72
Failing to Yield to Other Vehicles
OCGA 40-6-70 and OCGA 40-6-73
Driving on the Shoulder, Gore, or Other Prohibited Areas
OCGA 40-6-50
Fleeing Police Officers
OCGA 40-6-395
Road Rage
OCGA 40-6-397
Tampering with Traffic Signals
OCGA 40-6-25, OCGA 40-6-17, and OCGA 40-6-396
Driving on the Wrong Side of the Road
OCGA 40-6-40 and OCGA 40-6-45
Passing Another Vehicle Improperly
OCGA 40-6-42, OCGA 40-6-43, OCGA 40-6-44, and OCGA 40-6-46
Going the Wrong Way in a Roundabout
OCGA 40-6-47
Turning the Wrong Way at an Intersection
OCGA 40-6-71 and OCGA 40-6-120
Failing to Yield to Funeral Processions
OCGA 40-6-76
Failing to Use Turn Signals
OCGA 40-6-123
Failing to Stop First Before Exiting a Parking Lot
OCGA 40-6-144
Drag Racing
OCGA 40-6-186
Parking a Vehicle in an Unsafe Place
OCGA 40-6-202
Driving a Vehicle with an Obstructed View
OCGA 40-6-242
Laying Drags or Intentionally Making Skid Marks
OCGA 40-6-251
Intentionally Striking and Killing a Person with a Vehicle
OCGA 40-6-393
Failing to Follow Pedestrian Traffic Signals
OCGA 40-6-22
Failing to Drive Motorcycles Safely
OCGA 40-6-310 and OCGA 40-6-311