Protecting Clients’ Future Well-Being After An Accident Or Injury For Over 25 Years

Attorney Erik H. Olson

Frequently Asked Questions About Georgia Motorcycle Accidents

Below are answers to common questions from motorcycle accident victims in Georgia:

How does Georgia’s helmet law affect my motorcycle accident claim if I wasn’t wearing one?

Riding without a helmet in Georgia violates state law and may significantly impact your compensation. Under Georgia’s modified comparative negligence system, failing to wear a helmet could result in a finding of partial fault if your head injuries would have been prevented or minimized by proper headgear use. Insurance companies often argue for reduced settlements based on this “failure to mitigate damages.”

What evidence is most important to preserve after a motorcycle accident in Georgia?

Comprehensive evidence collection significantly strengthens motorcycle accident claims. Critical evidence includes photographs of the accident scene showing all vehicles, road conditions, traffic signals and injuries; contact information for all witnesses; the police accident report; medical records documenting all injuries and treatments; damaged gear and motorcycle parts; and maintenance records for your motorcycle.

What is the deadline for filing a motorcycle accident lawsuit in Georgia?

Georgia’s standard two-year statute of limitations applies to most motorcycle accident lawsuits, meaning you must file within two years of the accident date. However, several exceptions exist: claims against government entities require notice within six to twelve months; wrongful death claims run from the date of death rather than the accident; and claims involving minors may be extended.

Can I still recover damages if I’m found partially at fault for my Georgia motorcycle accident?

Under Georgia’s modified comparative negligence system, you can recover damages if you are less than 50% responsible for the accident. Your compensation will be reduced by your percentage of fault – for example, if you are 20% at fault with $100,000 in damages, you would receive $80,000. Once your fault reaches 50%, however, you become ineligible for any recovery. Insurance companies frequently attempt to shift blame to motorcyclists, making experienced legal representation crucial.