Atlanta Motorcycle Accident Lawyer

Injured in a Motorcycle Accident in Atlanta? Our motorcycle accident lawyers fight for your maximum compensation.

In Atlanta, GA, motorcycle accidents frequently result in catastrophic injuries like amputations, spinal cord damage, traumatic brain injuries, and multiple fractures. Even a “minor” motorcycle accident can cause injuries that require a lifetime of medical treatment. These injuries carry staggering medical costs, compounded by lost income and the inability to return to work. Worse still, motorcycle riders are often unfairly blamed for accidents, even when they are not at fault. In these events, a motorcycle accident lawyer can help accident victims get justice and compensation from insurance companies and responsible parties or even represent you in Atlanta courts.

Our Atlanta motorcycle accident lawyers at Wetherington Law Firm are committed to standing up for injured motorcyclists in Atlanta, GA. Our motorcycle accident lawyer Matt Wetherington, helps cyclists involved in accidents in any part of Atlanta recover full and fair compensation to avoid financial devastation and secure the care they need for the future. Our track record speaks for itself. After a truck driver cut off a motorcyclist at an intersection, leading to a devastating leg amputation, attorney Matt Wetherington secured an $8.6 million verdict for the injured rider. This record-setting result earned Wetherington a place in the Georgia Verdicts Hall of Fame.

Motorcycle accidents are far too common in Georgia. In 2023, there were 4,162 reported motorcycle crashes statewide, according to the Georgia Department of Transportation. Tragically, 210 of these crashes were fatal, and 3,398 caused serious injuries. Atlanta alone accounts for 42% of these incidents, making it one of the most dangerous cities for motorcyclists. If you or someone you love has been hurt in a motorcycle accident, you already know the physical pain, emotional toll, and financial hardships that follow. Finding a compassionate and aggressive Atlanta motorcycle accident lawyer can make all the difference in your recovery.

You don’t have to face this journey alone. Our experienced Atlanta motorcycle accident attorneys will handle every part of your case, from investigating the crash to negotiating with insurance companies and fighting for you at trial if necessary. We work on a contingency basis, meaning you pay nothing unless we win your case. Contact Wetherington Law Firm today for a free, no-obligation consultation. Let us help you rebuild your life and hold negligent parties accountable. Call us now or fill out our online form to get started.

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Why You Should Hire a Lawyer After a Motorcycle Accident in Atlanta, GA

By necessity, motorcyclists are generally more cautious and aware of their surroundings. However, in most motorcycle accidents, there is a presumption that the motorcycle rider did something wrong. The motorcycle accident lawyers at our firm have handled countless cases where the wrong person was cited for a accident. Even an “obvious” case can quickly change to a $0 recovery based on a failure to preserve evidence or falling for a trick question from an insurance adjuster. An experienced motorcycle crash attorney can make a huge difference. Trying to handle a serious motorcycle accident claim on your own can not only get you much less than you deserve, but it is much more stressful than you may think.

Most motorcycle riders know that the insurance companies want to save money. But most riders and their families are unprepared for how well insurance adjusters are trained to minimize injuries and deny valid claims. Our motorcycle accident attorneys have the experience and financial resources needed to prove your case and get the maximum recovery possible for your injuries.

Every motorcycle case receives a dedicated team of lawyers and supporting staff who will do the heavy lifting so that you can focus on getting better.

When you hire us, you can expect us to take the following steps immediately:

• Document important evidence like the motorcycle, vehicles, and accident scene;
• Identify and interview all witnesses to your motorcycle accident;
• Identify all possible defendants in the motorcycle accident;
• Identify all insurance policies that may pay for your injuries;
• Develop the evidence necessary to determine the correct standard of care for each defendant;
• Fully understand and document your current medical condition;
• Work with your physicians to understand your future medical needs and how much they will cost;
• Negotiate your medical bills at the conclusion of your case; and
• Keep you informed every step of the way.

Every case receives a dedicated team of experience medical malpractice lawyers and supporting staff who will keep you informed throughout the case.

What Do Motorcycle Accident Lawyers Do?

Motorcycle accident lawyers in Atlanta, Georgia, specialize in representing victims of motorcycle crashes, helping them navigate the legal process to secure fair compensation for injuries, damages, and losses. Their role is critical due to the complexity of motorcycle accident cases, which often involve severe injuries, insurance company tactics, and Georgia’s specific legal framework, such as modified comparative negligence and helmet laws.

Key Responsibilities of Motorcycle Accident Lawyers in Atlanta

• Case Evaluation and Investigation
  • What They Do: Assess the merits of your case during a free consultation, determining if you have a valid claim based on negligence and damages. They investigate the accident by collecting evidence like police reports, witness statements, traffic camera footage, and photos of the scene, injuries, or property damage.
  • Why It Matters: A thorough investigation establishes liability, especially when insurers or defendants dispute fault. In Atlanta, where traffic-heavy roads like I-85 contribute to crashes, evidence is crucial to counter biases against motorcyclists.
• Legal Advice and Strategy
  • What They Do: Explain your rights under Georgia law, including the two-year statute of limitations for personal injury claims (O.C.G.A. § 9-3-33) and four years for property damage (O.C.G.A. § 9-3-31). They develop a strategy to maximize compensation, considering factors like comparative negligence (O.C.G.A. § 51-12-33), where your fault must be less than 50% to recover damages.
  • Why It Matters: Their expertise ensures you avoid pitfalls, such as admitting fault or accepting low settlement offers, and comply with legal deadlines.
• Evidence Gathering and Expert Collaboration
  • What They Do: Compile medical records, bills, and income loss documentation to prove damages. They may hire experts like accident reconstructionists to clarify how the crash occurred or medical professionals to testify about injury severity and future care needs.
  • Why It Matters: Robust evidence counters insurance tactics that downplay injuries or blame riders. For example, proving helmet compliance (O.C.G.A. § 40-6-315) can strengthen your case against arguments that you contributed to head injuries.
• Negotiating with Insurance Companies
  • What They Do: Handle all communications with insurers, who often try to minimize payouts or deny claims by citing rider recklessness. Lawyers negotiate to secure fair settlements covering medical expenses, lost wages, pain and suffering, and property damage.
  • Why It Matters: Insurers in Atlanta may exploit biases against motorcyclists. A lawyer’s negotiation skills ensure you’re not pressured into accepting inadequate offers, especially for severe injuries like traumatic brain injuries or spinal cord damage.
• Filing and Litigating Lawsuits
  • What They Do: If a fair settlement isn’t reached, they file a lawsuit within Georgia’s statute of limitations and represent you in court. They present evidence, cross-examine witnesses, and argue your case to prove negligence and damages.
  • Why It Matters: Litigation is often necessary for complex cases involving disputed liability or high-value claims, such as those with long-term medical costs. Lawyers ensure your case is compelling to a judge or jury.
• Maximizing Compensation
  • What They Do: Calculate the full extent of your damages, including economic (medical bills, lost income, property damage) and non-economic (pain and suffering, emotional distress) losses. In rare cases of egregious negligence (e.g., DUI), they may pursue punitive damages.
  • Why It Matters: Motorcycle accidents often result in severe injuries, requiring significant compensation for recovery. Lawyers ensure all current and future losses are accounted for, especially for life-altering injuries like paralysis.
• Handling Legal and Administrative Tasks
  • What They Do: Manage paperwork, court filings, and communications with all parties involved, including insurers, medical providers, and opposing counsel. They also ensure compliance with Georgia’s legal requirements, such as proving the defendant’s breach of duty caused your injuries.
  • Why It Matters: This reduces your stress, allowing you to focus on recovery while ensuring no procedural errors jeopardize your claim.

What are the Qualities to Look for in a Motorcycle Accident Lawyer?

Choosing the right motorcycle accident lawyer in Atlanta, Georgia, is critical to securing fair compensation for injuries, damages, and losses after a crash. Given the complexities of motorcycle accident cases, including severe injuries, insurance company tactics, and Georgia’s specific laws like modified comparative negligence (O.C.G.A. § 51-12-33) and mandatory helmet requirements (O.C.G.A. § 40-6-315), you need a lawyer with the right qualities. Below are the key qualities to look for in an Atlanta motorcycle accident lawyer:

• Experience in Motorcycle Accident Cases
  • Why It Matters: Motorcycle accidents involve unique challenges, such as biases against riders, severe injuries (e.g., traumatic brain injuries, road rash), and disputes over fault. An experienced Atlanta motorcycle accident lawyer understands how to counter stereotypes and build a strong case.
  • What to Look For:
    • A proven track record of handling motorcycle accident claims in Atlanta, with successful settlements or verdicts.
    • Familiarity with Georgia’s traffic laws, helmet requirements, and comparative negligence rules.
    • Knowledge of local road conditions, like Atlanta’s busy highways (I-75, I-285), that contribute to crashes.
  • How to Verify: Ask about past motorcycle accident cases, check their website for case results, or read client reviews mentioning motorcycle claims.
• Strong Negotiation Skills
  • Why It Matters: Insurance companies often try to minimize payouts or blame motorcyclists, offering lowball settlements. A skilled negotiator can secure fair compensation for medical bills, lost wages, and pain and suffering.
  • What to Look For:
    • Evidence of successful negotiations with insurers, such as settlements that cover full damages.
    • Confidence in handling aggressive insurance tactics, like delays or denials.
  • How to Verify: Inquire about their approach to negotiating with insurers or review case outcomes showing favorable settlements.
• Trial Experience
  • Why It Matters: If a fair settlement isn’t reached, your case may go to court. An Atlanta motorcycle accident attorney with trial experience can effectively present evidence, argue your case, and handle cross-examinations to prove negligence and damages.
  • What to Look For:
    • A history of taking motorcycle accident cases to trial and winning verdicts.
    • Comfort with Georgia’s court system, including Fulton County courts in Atlanta.
  • How to Verify: Ask if they’ve tried motorcycle accident cases and check their website or online reviews for mentions of courtroom success.
• Knowledge of Georgia’s Legal Framework
  • Why It Matters: Georgia’s laws, such as the two-year statute of limitations for personal injury (O.C.G.A. § 9-3-33), four-year limit for property damage (O.C.G.A. § 9-3-31), and modified comparative negligence rule, directly impact your claim. A lawyer must navigate these to avoid pitfalls.
  • What to Look For:
    • Deep understanding of how to prove negligence, counter comparative fault arguments, and ensure helmet law compliance to avoid reduced compensation.
    • Familiarity with pursuing all liable parties, including drivers, road authorities, or manufacturers.
  • How to Verify: Ask how they handle Georgia-specific issues like comparative negligence or helmet law disputes during your consultation.
• Access to Resources and Experts
  • Why It Matters: Motorcycle accident cases often require expert testimony to establish fault or injury severity, especially for complex injuries like spinal cord damage or fractures. A well-resourced motorcycle accident attorney can hire accident reconstructionist, medical expert, or life care planner.
  • What to Look For:
    • Connections with professionals like accident reconstruction experts or doctors who can testify about long-term injury impacts.
    • Financial resources to cover case costs (e.g., expert fees) until a settlement or verdict is reached.
  • How to Verify: Ask if they’ve used experts in past cases and how they incorporate them into building a claim.
• Compassion and Client Focus
  • Why It Matters: Motorcycle accidents often result in severe physical and emotional trauma. A compassionate motorcycle accident attorney listens to your concerns, understands your recovery challenges, and prioritizes your well-being while pursuing your claim.
  • What to Look For:
    • Willingness to explain the legal process clearly and answer questions patiently.
    • A client-centered approach, keeping you informed and involved without pressuring you to accept quick settlements.
  • How to Verify: Gauge their empathy during the consultation and check reviews for comments on responsiveness and care.
• Strong Communication Skills
  • Why It Matters: You need a lawyer who communicates clearly about case progress, legal options, and potential outcomes, especially given the stress of recovery and financial strain.
  • What to Look For:
    • Regular updates on your case, whether through calls, emails, or meetings.
    • Ability to explain complex legal terms, like “comparative negligence” or “pain and suffering damages,” in plain language.
  • How to Verify: Assess their clarity during the initial consultation and look for reviews praising communication.
• Contingency Fee Structure
  • Why It Matters: Most motorcycle accident lawyers work on a contingency fee basis, meaning they only get paid if you win (typically 33-40% of the settlement or verdict). This ensures accessibility and aligns their interests with yours.
  • What to Look For:
    • Transparency about fees, with no upfront costs.
    • A clear fee agreement outlining their percentage and any additional costs (e.g., court fees).
  • How to Verify: Confirm the contingency fee structure during the consultation and request a written agreement.
• Local Reputation and Reviews
  • Why It Matters: A lawyer with a strong reputation in Atlanta is likely respected by insurers, opposing counsel, and local courts, which can aid negotiations or litigation. Positive client feedback indicates reliability and success.
  • What to Look For:
    • High ratings on platforms like Avvo, Google, or Martindale-Hubbell.
    • Testimonials from past motorcycle accident clients highlighting successful outcomes.
    • Membership in reputable organizations like the Georgia Trial Lawyers Association.
  • How to Verify: Check online reviews, ask for references, or research their standing in the Atlanta legal community.
• Availability and Personalized Attention
  • Why It Matters: Motorcycle accident cases require close attention, especially for severe injuries needing ongoing medical cost projections. An attorney who’s too busy may not prioritize your case.
  • What to Look For:
    • A manageable caseload to ensure they focus on your claim.
    • Direct access to the lawyer handling your case, not just paralegals or staff.
  • How to Verify: Ask about their caseload during the consultation and confirm who will handle your case day-to-day.

Injured in a motorcycle accident in Atlanta? The Wetherington Law Firm fights for your compensation, tackling insurance tactics and Georgia laws with expertise. Our dedicated Atlanta motorcycle accident attorneys pursue maximum damages for injuries and losses on a contingency fee basis, and we charge no fees unless we win. Fill out our online form now for a free consultation and start your path to justice.

Who Can I Recover Money from After a Motorcycle Accident in Georgia?

After a motorcycle accident, there are several potential parties your attorney can help recover money from. Although the specifics vary by state and this is a complicated area of law, the following parties must be considered:

1. The Person That Hit You

When involved in a motorcycle accident with two or more vehicles, you can assert a claim against the driver of the responsible vehicle. In Georgia, all drivers, including motorcycle riders, are required to carry liability insurance. The minimum coverage limit in Georgia is set by a statute, O.C.G.A. § 33-7-11:
• $25,000 for bodily injury or death of one person in a motorcycle accident
• $50,000 for bodily injury or death of more than one person in a motorcycle accident
• $25,000 for injury or harm to the property of others in a single motorcycle accident
These coverages are the minimum amounts of coverage required in Georgia, and it is generally advisable to carry higher coverages. Under certain circumstances, if the damages to a motorcycle rider exceed the policy limits, the at-fault driver can be held personally responsible for the difference. In other circumstances, the insurance company can be responsible for the full value of the rider’s injuries.

2. The Owner of the Vehicle That Hit You

In many states, including Georgia, a person injured on a motorcycle may have a claim against the owner of an at-fault vehicle, even if the owner was not driving the car at the time of the accident. This is because of a legal theory called negligent entrustment. In a negligent entrustment claim, liability arises from the negligent act of the owner in lending his automobile to another to drive, with actual knowledge that the driver is incompetent or habitually reckless. This theory commonly arises in drunk driving cases where a person has a history of DUIs and tractor trailer accidents where the company knew that the driver was a bad driver.

Where the owner of the vehicle is a large corporation, there is generally no limit to the amount that can be recovered.

3. The Resident Relatives of the Person That Hit You

Some liability insurance policies provide liability coverage for all family members in the same home. This type of coverage is not common, but it is important to obtain all relevant liability policies to confirm that a potential insurance coverage is not missed.

4. The Employer of the Person That Hit You

If at the time of the motorcycle accident the employee was within the course and scope of his or her employment, the employer is liable for the employee’s negligence even if the employee was driving a personal vehicle. Where the at-fault driver was using his or her employer’s vehicle, there is a presumption that the person was working in the course and scope of their employment. However, this presumption can be rebutted by the employer. When an accident is caused by a person working for Uber or Lyft, this legal question can become very complicated.

5. The Manufacturer of the Motorcycle

If a motorcycle component causes an accident, such as a brake failure, you may be able to assert a claim against the motorcycle manufacturer. This is commonly referred to as a defective vehicle claim. Our firm is trusted by attorneys all over the country to handle defective motorcycle claims after an accident. We are currently accepting defective motorcycle claims involving:

• BMW R1200GS
• Yamaha YS125
• Yamaha MT-07
• Yamaha GPD125-A
• Triumph Street Triple RS
• Kawasaki Ninja 250
• Ducati M900
• Zero SR
• Honda CBF125
• Honda NSC110
• Honda Super Cub
• Honda NM4
• All Harley Davidson Motorcycles

6. The Motorcycle Helmet Manufacturer

Even if the accident was caused by a negligent driver, you may still be able to assert a claim against the helmet manufacturer if the injuries in the accident were made worse by the failure of the helmet to protect the rider. There is generally no limit to the amount that can be recovered from a defective motorcycle helmet manufacturer in Georgia. We are current accepting defective helmet claims involving the following manufacturers:

• Bell
• Shoei
• HJC
• ARAI
• Schuberth
• Nolan

7. The Repair Shops That Serviced the Motorcycle

Motorcycles requires regular maintenance. Most riders trust motorcycle repair shops to keep their motorcycle safe. Unfortunately, some motorcycle repair shops cut corners to save time or money and rider’s lives are placed at risk. When a service center agrees to service a motorcycle, the service center assumes a duty to identify and warn of dangerous conditions and to perform repairs and maintenance on the motorcycle in a safe and professional manner. The failure to do so can subject the retailer to liability.

8. The Contractor Responsible for the Design or Maintenance of the Road

If the accident was caused by a hazardous condition on the roadway, such as a large pothole, the contractor responsible for repairing the roadway may be responsible for the injuries and damages caused by the accident. Similarly, if the design of the roadway makes it more prone to accidents or serious injuries, such as failing to install a guardrail on a sharp curve, the manufacturer may be responsible for the accident. The Wetherington Law Firm has handled several of these cases, including incidents where roadway contractors failed to remove loose aggregate from the roadway after a paving project.

9. Your Insurance Carrier – Uninsured/Underinsured Motorcycle Rider Coverage

If the person that hit you does not have insurance or does not have enough insurance to cover your injuries, it may be possible to recover from your own insurance coverage through underinsured or uninsured motorist coverage. This is a complicated area that generally requires an attorney to confirm that you are receiving the full benefit of the coverage that you have purchased.

10. Your Resident Relative’s Uninsured/Underinsured Motorist Coverage

In Georgia, all underinsured/uninsured insurance policies provide liability coverage for all resident relatives of a household. If you live in the same house as a family member, but have different insurance policies for your vehicles, you may be able to recover some insurance benefits from your relative’s carrier after you have exhausted all coverage on your own uninsured/underinsured policy. It is relatively common for a motorcycle to be on a separate policy from everyday vehicles.

Why Choose Wetherington Law Firm as Your Atlanta Motorcycle Accident Lawyer?

Here’s why motorcyclists in Atlanta trust Wetherington Law Firm to handle their cases:

• We’re Local: We know Atlanta’s streets, neighborhoods, and risky intersections.
• We’re Experienced: We’ve successfully handled countless motorcycle accident claims.
• We’re Available 24/7: Accidents don’t wait for business hours, and neither do we.
• We Work on Contingency: You don’t pay us a cent unless we win your case.

If you’re searching for a motorcycle accident lawyer in Atlanta, it means you need help right now. Wetherington Law Firm is here to provide it. Our attorneys know the local roads, the insurance companies, and the best ways to win your case.

Don’t let an insurance company decide what your case is worth. Fill out our quick contact form online or Call (404) 888-4444 for a free consultation. Our team is available 24/7 to answer your questions and start building your case.

What to Do After a Motorcycle Accident in Atlanta, GA

A motorcycle accident often comes with serious injuries leaving victims confused and scared. In the moments and days that follow, the steps you take can make a critical difference in protecting your health, your legal rights, and your financial future. Here’s what you should do if you’re involved in a motorcycle crash in Atlanta:

1. Prioritize Your Safety

First and foremost, check yourself and others for injuries. Move to a safe location if possible, but do not leave the scene of the accident. Call 911 immediately to report the crash and request medical assistance. Even if you feel “okay,” adrenaline can mask serious injuries — it’s vital to be evaluated by medical professionals right away.

2. Document the Accident Scene

If you’re able, take photos and videos of the scene, including your motorcycle, other vehicles, skid marks, road conditions, traffic signs, and any visible injuries. This evidence can be crucial later when determining fault and negotiating with insurance companies.

3. Exchange Information  But Limit Conversation

Exchange contact and insurance information with the other driver, but avoid discussing fault or making any statements that could be used against you later. Stick to the basics. When the police arrive, provide an honest and factual account of what happened.

4. Seek Medical Care Immediately

Some injuries, like concussions or internal bleeding, may not show symptoms right away. Get a full medical evaluation as soon as possible, even if you think your injuries are minor. Follow all treatment plans and keep copies of your medical records they’ll serve as vital evidence in your case.

5. Notify Your Insurance Company

Report the accident to your insurance company, but be careful about providing a recorded statement before speaking with a lawyer. Insurance adjusters are trained to minimize payouts, even from your own insurer.

6. Consult an Experienced Atlanta Motorcycle Accident Lawyer

Before accepting any settlement offer, talk to a lawyer who specializes in motorcycle accident cases. At Wetherington Law Firm, we can help you understand the true value of your claim, protect your rights, and handle negotiations with the insurance companies while you focus on healing. We have the experience and proven results to fight for maximum compensation on your behalf.

Remember: After a motorcycle accident, time is not on your side. Critical evidence can disappear, and insurance companies may act quickly to protect their interests. Contact Wetherington Law Firm today for a free, no-obligation consultation and let us stand up for you.

How to File a Motorcycle Accident Claim in Georgia

Filing a motorcycle accident claim after a crash in Georgia can be a serious challenge, especially when you’re trying to heal from serious injuries. At Wetherington Law Firm, we’re here to make the process as smooth and stress-free as possible. Here’s a simple breakdown of how to file a claim and protect your right to full compensation:

1. Gather All Necessary Evidence

Strong claims are built on strong evidence. After your accident, collect all documentation related to the crash, including:

• Police reports
• Medical records and bills
• Photos and videos of the accident scene
• Witness names and contact information
• Repair estimates for your motorcycle

The more evidence you have, the better we can prove fault and demonstrate the extent of your losses.

2. Notify the At-Fault Driver’s Insurance Company

In Georgia, the at-fault party’s insurance company is generally responsible for covering your damages. You or your attorney will need to notify them that you intend to file a claim. Be cautious: insurance adjusters may seem friendly, but their goal is to minimize the payout. Avoid giving recorded statements or accepting quick settlement offers without legal advice.

3. Calculate the Full Value of Your Claim

Motorcycle accidents often cause long-term harm that isn’t immediately obvious. Your claim should account for:

• Past and future medical expenses
• Lost wages and reduced earning capacity
• Pain and suffering
• Emotional distress
• Property damage
• Permanent disabilities or disfigurement

Our motorcycle accident attorneys work with medical experts, economists, and accident reconstructionists to ensure every dollar you’re owed is included.

4. File a Demand Letter

Once your damages are fully documented, your lawyer will draft and send a demand letter to the insurance company, outlining the facts of the case, the evidence supporting your claim, and the compensation you are seeking. This often opens the door for settlement negotiations.

5. Negotiate or Prepare to File a Lawsuit

Most motorcycle accident claims are settled without going to court. However, if the insurance company refuses to offer a fair settlement, we are fully prepared to take your case to trial. In Georgia, you generally have two years from the date of the accident to file a lawsuit, so it’s important to act quickly.

The Bottom Line: You have one shot at securing the financial recovery you need for your future. Don’t leave it to chance. Let Wetherington Law Firm handle your claim with the skill, experience, and dedication you deserve. Contact our Atlanta motorcycle accident lawyers today for a free consultation and start your path to justice.

What Evidence Is Needed to Win a Motorcycle Accident Claim in Atlanta, Georgia?

To win a motorcycle accident claim in Atlanta, Georgia, you need to build a strong case by proving the other party’s negligence caused the accident and your resulting damages. This involves demonstrating four key elements: duty of care, breach of duty, causation, and damages. Below is a detailed breakdown of the evidence needed to support your claim, based on Georgia’s legal framework and the specific challenges of motorcycle accident cases.

Key Evidence Needed

• Proof of Duty of Care
  • What It Means: You must show that the other party (e.g., another driver, a government entity, or a manufacturer) had a legal obligation to act with reasonable care to avoid harming you. For example, drivers must follow traffic laws and prioritize road safety.
  • Evidence:
    • Traffic laws or regulations the defendant was expected to follow (e.g., Georgia’s Official Code, such as O.C.G.A. § 40-6-312 prohibiting lane splitting).
    • Documentation of road conditions or signage that establishes the standard of care (e.g., photos of traffic signals or road hazards).
• Proof of Breach of Duty
  • What It Means: You must demonstrate that the other party failed to meet their duty through careless or reckless actions (e.g., speeding, distracted driving, or running a red light).
  • Evidence:
    • Police Reports: Official reports filed by law enforcement at the scene often detail who was at fault, include citations issued, and describe the accident circumstances.
    • Witness Statements: Testimonies from bystanders or other drivers who saw the accident can corroborate your version of events.
    • Photographs/Video Footage: Pictures of the accident scene, skid marks, vehicle damage, or road conditions, as well as footage from traffic cameras, dashcams, or helmet cameras, can show how the accident occurred.
    • Accident Reconstruction Reports: Expert analysis from accident reconstruction specialists can clarify how the crash happened and who was at fault, especially in disputed cases.
    • Traffic Violations: Evidence of the other party’s traffic violations (e.g., speeding tickets, DUI charges) can establish negligence per se if they violated specific laws.
• Proof of Causation
  • What It Means: You must link the defendant’s breach of duty directly to the accident and your injuries. For example, showing that a driver’s failure to yield caused the collision.
  • Evidence:
    • Medical Records: Documentation linking your injuries directly to the accident (e.g., emergency room reports showing injuries consistent with a crash).
    • Expert Testimony: Accident reconstruction experts or human factors experts can explain the forces involved and how the defendant’s actions caused the crash.
    • Timeline of Events: Your written account of the accident, recorded as soon as possible, to capture details before, during, and after the crash.
• Proof of Damages
  • What It Means: You must show that the accident caused financial and non-financial losses, such as medical bills, lost wages, or pain and suffering.
  • Evidence:
    • Medical Records and Bills: Detailed records of treatments, hospital visits, surgeries, and ongoing care (e.g., for concussions, spinal injuries, or road rash) to prove medical expenses and injury severity.
    • Pay Stubs or Income Records: Documentation of lost wages or reduced earning capacity due to the accident.
    • Photos of Injuries: Images taken during recovery to show the extent of physical harm, such as road rash or fractures.
    • Receipts for Property Damage: Repair or replacement costs for your motorcycle or other damaged property.
    • Pain and Suffering Documentation: Journals or testimony about emotional distress, mental anguish, or loss of enjoyment of life, supported by medical or psychological evaluations if applicable.
    • Future Medical Cost Estimates: Expert testimony from doctors or life care planners to project ongoing treatment costs for severe injuries like traumatic brain injuries or paralysis.

Additional Considerations in Georgia

• Modified Comparative Negligence: Georgia follows a modified comparative negligence rule (O.C.G.A. § 51-12-33). If you’re found partially at fault (e.g., not wearing a helmet or violating a traffic law), your compensation may be reduced by your percentage of fault, but you can still recover damages if you’re less than 50% responsible. Evidence showing the other party’s greater fault (e.g., witness statements or video) is critical to maximizing your claim.
• Helmet Law Compliance: Georgia requires all riders to wear DOT-compliant helmets (FMVSS 218). If you weren’t wearing a helmet, this could reduce compensation for head injuries, as the defendant may argue you contributed to your damages. Evidence of helmet use (e.g., photos, receipts, or witness testimony) can strengthen your case.
• Insurance Challenges: Insurance companies often try to minimize payouts or blame motorcyclists, citing biases that riders are reckless. Evidence like helmet camera footage, witness statements, or expert reports can counter these tactics.

What is the Statute of Limitations for Motorcycle Accident Claims in Georgia?

In Georgia, the statute of limitations for a motorcycle accident claim depends on the type of claim:

• Personal Injury: You have two years from the date of the accident to file a lawsuit for injuries sustained (O.C.G.A. § 9-3-33).
• Property Damage: You have four years from the date of the accident to file a claim for damage to your motorcycle or other property (O.C.G.A. § 9-3-31).
• Wrongful Death: If the accident resulted in a death, the statute of limitations is two years from the date of death (O.C.G.A. § 9-3-33).

Missing these deadlines typically bars you from pursuing compensation through the courts, though exceptions (e.g., for minors or certain circumstances) may apply. Consult an experienced motorcycle accident attorney promptly to ensure compliance with these timelines and to preserve your claim.

What Must I Prove to Recover Compensations After a Motorcycle Accident?

Although the application of the law in each type of case is very different, all motorcycle accident cases use the same laws. To recover for personal injuries after a motorcycle accident, you must establish the basic elements of a tort:

1. The existence of a duty on the part of the other driver to act a certain way;
2. The failure of the driver to perform that duty;
3. Actual injuries; and
4. Proof that the injuries were proximately caused by the driver’s negligence.

These elements can be confusing. That is why we have written detailed articles on each of these elements that you can read here. The important thing for you to know is that the first element, duty, is very import in winning a motorcycle accident case. Another good word for duty is responsibility. In Georgia, all drivers have the responsibility to drive in a safe manner and avoid causing harm to others. “Driving safely” generally means driving in a manner that a reasonable person would under like or similar circumstances. Under most circumstances, a reasonably prudent driver will:

• Drive at a reasonable speed;
• Keep a lookout for motorcycle riders;
• Yield to motorcycle riders when necessary;
• Stop or slow when appropriate; and
• Maintain their car or truck in a safe condition.

When a person fails to drive in a reasonable manner and hits someone on a motorcycle, the person is considered “negligent.” Simply driving in a negligent manner does not allow someone to file suit against the negligent driver. For example, if someone is speeding, runs a red light, and almost hits your motorcycle – you would not have a valid claim against the negligent driver.

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However, if a negligent driver causes an accident, the negligent driver will be liable for damages and injuries he or she causes. Whether a person has operated a vehicle in a negligent manner is generally a question that is submitted to a jury.

In addition to the general rule that a driver must act reasonably, there are rules of the road that every driver must comply with. Unlike ordinary negligence, when a driver violates one of these rules and causes injuries to a motorcycle rider, the lawyer does not prove that a reasonable person should have acted differently — the conduct is automatically considered negligent. In Georgia, these rules include the following:

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

If there is evidence that an at-fault driver committed one of the above violations, the jury will likely be read the following instruction:

The plaintiff contends that the defendant violated certain laws or ordinances. Such violation is called negligence per se, which means negligence as a matter of law. It is your duty to decide whether such violation took place or not.

What this means is that if the you successfully prove that the alleged violation took place, then negligence is established and you only have to prove that your injuries were caused by the negligent act.

How Can You Lose a Motorcycle Accident Case in Atlanta?

After a motorcycle accident in Georgia, proof of an injury does not automatically create liability on the other driver. Motorcycle riders are injured in car accidents every day and do not receive any compensation. Sometimes, a motorcycle wreck can result in less money than the injured rider expects. There are many reasons why people lose car accident claims or the amount they receive is low. Here are the most common ways that a case is lost.

Failing to Bring a Claim in Time Can Result in a Complete Bar of Your Motorcycle Injury Claim

Georgia has a two-year statute of limitation for most personal injury lawsuits after a motorcycle accident. A statute of limitation provides the maximum period of time in which a civil lawsuit must be started or it is forever barred. The purpose of a statute of limitation is to prevent an injured party from delaying the commencement of an action. Over time, evidence is lost, memories fade, and witnesses move away or die. This is why it is important to bring a personal injury claim as soon as possible. The Atlanta motorcycle injury lawyers at the Wetherington Law Firm have NEVER missed a deadline to file a motorcycle injury lawsuit.

The Doctrines of Contributory Negligence and Comparative Fault Can Limit Recovery After a Motorcycle Accident

Contributory negligence is a common defense used in motorcycle accident lawsuits. The defense of contributory negligence claims that you failed to keep an adequate lookout of your surroundings or otherwise did something that contributed to the accident, and you should be disqualified from recovering. This defense is particularly used in motorcycle injury lawsuits. This is because there is a stigma against motorcycle riders and the insurance companies hope to exploit it. If a defendant is successful in a contributory negligence defense, you will not recover any damages for your motorcycle wreck injuries. The contributory negligence doctrine is extremely harsh and intended to be cruel to injured people. It is currently only used in North Carolina, Alabama, Maryland, Virginia, and Washington D.C.

A majority of states, including Georgia, have adopted a “comparative negligence” system. For states that have adopted comparative negligence, the jury compares the motorcycle rider’s negligence to the negligence of the person that hit him or her and applies percentages to each. Depending on the state, the Court either reduces the total recovery by the percentage assigned to the Plaintiff or rules in favor of the Defendant if the percentage assigned to the Plaintiff is over a certain amount.

Government Entities are Sometimes Immune from Liability

This is an area of law that is too broad to be covered in this article. However, please know that where there is a possibility that a government employee or entity was partially responsible for an accident, special rules apply. There are different deadlines for presenting claims, different rules for filing suit, and limits on who can be sued.

What Damages Can You Recover After a Motorcycle Accident in Atlanta?

The main public policy purpose for tort law is compensation. Compensatory damages are money damages awarded to compensate the plaintiff and make the plaintiff whole. The system is not perfect. Life, limb, and freedom from pain cannot be restored. However, compensatory damages are a means of attempting to place the plaintiff in the same relative position that he or she was in before the loss by way of monetary compensation. Compensatory damages are categorized as either general damages or special damages.

You Can Recover “General” Damages After a Motorcycle Accident

General damages are “non-economic” losses, such as pain and suffering, disfigurement, or mental anguish, all of which have no specific, itemized value. The monetary value of general damage is determined by the jury, and jury verdicts are not consistent. A broken ankle in one courtroom could be worth $10,000 in pain and suffering. In another courtroom, it could be worth $100,000. Matt Wetherington tried a case in Fulton County that resulted in a $2.8 million verdict for a broken ankle. You can read about that case here. However, it is important to know that jury verdicts and settlements vary widely, even for the exact same injury. The variance is due to the individual plaintiff, the jurors at the trial, and the effectiveness of the injured person’s attorney. Here is an example of a verdict form from one of Matt Wetherington’s cases where a motorcycle accident resulted in a jury trial, which details the various “general” damages a motorcycle rider can recover:

You Can Recover “Special” Damages After a Motorcycle Accident

Special damages are “economic” losses, such as medical expenses, lost wages, or the cost of hiring household help, all of which do have a specific itemized value and can be more easily determined or calculated on a simple mathematical basis – once you have obtained the necessary records to prove that the expenses were incurred. It is important to note that only medical expenses “proximately caused” by the accident itself can be recovered. If you would like to learn more about how proximate cause is determined, click here. For simplicity sake, you should know that proximate cause is often highly contested.

If a Motorcycle Accident Results in a Death, Special Rules Apply

When a car accident results in a death, the case turns into a wrongful death claim, instead of a personal injury claim. To learn more about wrongful death claims, click here.

The Wetherington Law Firm Has Recovered Millions for Clients Involved in Motorcycle Accidents

Our attorneys are highly skilled in motorcycle accident laws. In many cases, settlement is not possible until a judge rules that the proper defendants have been named, the claims asserted are valid, and there is enough evidence to proceed forward to a jury trial. By that point, it is too late to fix problems in the case. It is important that you start with an attorney that has the experience and resources necessary to put your case in the best position possible. Our motorcycle accident attorneys have literally spent months in the court room presenting personal injury cases and obtaining record breaking verdicts. We also have attorneys that have spent years working for defense firms and know the traps that are set by corporations and their insurance companies.

Injured in a motorcycle accident in Atlanta? The Wetherington Law Firm fights for your compensation, tackling insurance tactics and Georgia laws with expertise. Our dedicated Atlanta motorcycle accident attorneys pursue maximum damages for injuries and losses on a contingency fee basis, and we charge no fees unless we win. Fill out our online form now for a free consultation and start your path to justice.

What are the 10 Common Causes of Motorcycle Accidents in Atlanta, Georgia?

Motorcyclists are especially vulnerable on the roads due to their smaller visible size and lack of physical protection compared to cars. Awareness and defensive driving can help mitigate some of these risks. Here are 10 common causes of motorcycle accidents: 

1. Left-Turning Cars: One of the most dangerous situations for motorcyclists occurs when a car makes a left turn in front of a motorcycle, often because the car does not see the motorcycle or misjudges its speed.
2. Lane Splitting: Accidents can occur when motorcycles drive between two lanes of stopped or slowly moving cars, a practice known as lane splitting. The close proximity of the cars and the limited space to maneuver increases the risk.
3. Speeding: Both motorcyclists and car drivers driving at high speeds reduce their own ability to react in time to a hazard, leading to higher-impact crashes.
4. Driving Under the Influence: Impairment due to alcohol or drugs is a major factor in motorcycle accidents, affecting judgment, coordination, and reaction times.
5. Sudden Stops: Rear-end accidents can be a result of a sudden stop by the vehicle in front, which can be particularly dangerous for motorcyclists who might fly forward off their bikes.
6. Inexperienced Drivers: Inexperienced motorcyclists are more prone to accidents as they might not have the skills or reflexes to cope with challenging road conditions or emergency situations.
7. Poor Road Conditions: Potholes, railroad tracks, and uneven lanes can be much more dangerous for motorcycles than for cars, as these hazards can easily cause a biker to lose control.
8. Motorcycle Defects: Manufacturer defects or poorly maintained motorcycles can lead to breakdowns or malfunctions that might lead to accidents.
9. Weather Conditions: Rain, snow, and ice can reduce traction, visibility, and overall stability for motorcyclists.
10. Dangerous Lane Changes: When cars or motorcycles make abrupt or dangerously executed lane changes without proper signaling or checking blind spots, it can lead to collisions.

What are the Common Injuries in Motorcycle Accidents in Atlanta, Georgia?

Motorcycle accidents in Atlanta, Georgia, often result in serious injuries due to the lack of protection for riders compared to those in enclosed vehicles. The combination of high speeds, heavy traffic, and exposure on the road makes motorcyclists particularly vulnerable. Below is a list of the most common injuries sustained in motorcycle accidents in Atlanta, based on the nature of motorcycle crashes and insights from local legal and medical sources.

Some common injuries after a motorcycle accident include:

• Road Rash
  • Description: Abrasions or burns caused by sliding across pavement during a crash. Severity ranges from mild scrapes to deep tissue damage requiring skin grafts.
  • Why Common: Motorcyclists often slide along the road when thrown from their bike, especially if not wearing protective gear like leather jackets or pants.
  • Impact: Can lead to infections, scarring, or nerve damage if severe.
• Fractures and Broken Bones
  • Description: Breaks in bones, commonly in the arms, legs, wrists, ankles, pelvis, or collarbone, due to impact with the ground or another vehicle.
  • Why Common: The force of a collision or fall often concentrates on limbs or the torso, and motorcyclists lack the structural protection of a car.
  • Impact: May require surgery, immobilization, or long-term rehabilitation, potentially affecting mobility or work.
• Traumatic Brain Injuries (TBIs)
  • Description: Concussions, skull fractures, or brain hemorrhages caused by head impact. Even with helmets, TBIs can occur in high-impact crashes.
  • Why Common: The head is vulnerable during a crash, and Georgia’s helmet law (O.C.G.A. § 40-6-315) requires DOT-compliant helmets, but they don’t eliminate all risk.
  • Impact: Can result in cognitive impairment, memory loss, or long-term neurological issues, often requiring extensive medical care.
• Spinal Cord Injuries
  • Description: Damage to the spinal cord, potentially causing partial or complete paralysis, such as paraplegia or quadriplegia.
  • Why Common: High-impact crashes or being thrown from the motorcycle can cause severe trauma to the spine.
  • Impact: May lead to permanent disability, loss of mobility, and significant medical costs for ongoing care.
• Soft Tissue Injuries
  • Description: Damage to muscles, ligaments, or tendons, such as sprains, strains, or tears (e.g., whiplash or torn rotator cuffs).
  • Why Common: The sudden force of a crash or abrupt stop can strain or tear soft tissues, especially in the neck, shoulders, or back.
  • Impact: May cause chronic pain or require physical therapy, impacting daily activities.
• Internal Injuries
  • Description: Damage to internal organs, such as the liver, spleen, kidneys, or lungs, often due to blunt force trauma or rib fractures.
  • Why Common: Collisions with vehicles or the ground can cause internal bleeding or organ damage, even if no external injuries are visible.
  • Impact: Potentially life-threatening, requiring emergency surgery and prolonged recovery.
• Amputations
  • Description: Loss of a limb or part of a limb, either during the accident or due to surgical necessity following severe damage.
  • Why Common: Limbs can be crushed or severely injured in collisions, especially in accidents involving large vehicles like trucks.
  • Impact: Leads to permanent disability, requiring prosthetics and significant lifestyle adjustments.
• Facial Injuries and Dental Damage
  • Description: Cuts, bruises, broken facial bones, or damaged teeth from impact with the ground, handlebars, or other objects.
  • Why Common: Even with helmets, the face may be exposed, especially if using an open-face helmet.
  • Impact: Can cause disfigurement, require reconstructive surgery, or lead to emotional distress.
• Burns
  • Description: Thermal or chemical burns from contact with hot motorcycle parts (e.g., exhaust pipes) or fuel fires after a crash.
  • Why Common: Fuel leaks or sparks in accidents can ignite, and riders may come into contact with hot surfaces.
  • Impact: Severe burns may require skin grafts and lead to scarring or infections.
• Psychological Trauma
  • Description: Emotional and mental health issues like post-traumatic stress disorder (PTSD), anxiety, or depression following a traumatic crash.
  • Why Common: The intensity of a motorcycle accident, especially if it involves severe injury or near-death experiences, can have lasting psychological effects.
  • Impact: May require therapy or counseling, affecting quality of life and ability to ride again.

How to Hire the Best Motorcycle Accident Lawyers in Atlanta

Hiring an attorney is one of the most important financial decisions you can ever make.  You have to get it right.  There are a number of attorneys who hold themselves out as “experts” who have never tried a case or even settled a case involving a motorcycle wreck.  It is important that you ask any prospective attorney about his or her experience with motorcycle lawsuits, specifically with regard to the injuries at issue in your case.

Contact us today for a free consultation.  If we accept your case, it will be on contingency.  That means that you do not pay anything up front and only pay us if we win your case.  If we do not accept your case, we will help you find a lawyer who can.  We generally only accept cases involving significant injuries.  However, we know many good personal injury attorneys and will make sure that you do not have to search around for someone to accept your case.