GA Motorcycle Accident? 3 Myths That Can Wreck Your Claim

Navigating the aftermath of a motorcycle accident in Georgia, especially near Johns Creek, can feel overwhelming. The truth is, misinformation abounds, and believing the wrong things can severely impact your ability to recover.

## Myth #1: If I wasn’t wearing a helmet, I automatically lose my case.

This is a common misconception, and thankfully, it’s false. While Georgia law, specifically O.C.G.A. Section 40-6-315, mandates helmet use for motorcycle operators and passengers, failing to wear one doesn’t automatically disqualify you from seeking compensation after a motorcycle accident. It can, however, affect the amount of damages you receive.

Here’s how: the insurance company might argue that your injuries were more severe because you weren’t wearing a helmet. This argument falls under the legal principle of comparative negligence. If they can prove your injuries were worsened by your lack of a helmet, your compensation could be reduced proportionally. However, it doesn’t negate the other driver’s responsibility for causing the accident. For example, if another driver ran a red light at the intersection of Medlock Bridge Road and State Bridge Road in Johns Creek, causing your motorcycle accident, they are still liable, even if you weren’t wearing a helmet. A jury would then determine the percentage of fault attributable to each party.

## Myth #2: Insurance companies are on my side and will offer a fair settlement.

Oh, how I wish this were true! I’ve seen countless clients come to me after believing their insurance company – or, more often, the other driver’s insurance company – was looking out for them. Insurance companies are businesses, and their primary goal is to minimize payouts. They might seem friendly and helpful initially, but their offers are often far below what you’re actually entitled to.

Don’t fall for it. They may try to get you to settle quickly, before you fully understand the extent of your injuries or the long-term impact of the motorcycle accident. They might even try to twist your words or use your statements against you. A recent study by the Insurance Research Council found that claimants who hire attorneys receive, on average, 3.5 times more compensation than those who don’t. This is because an attorney understands the true value of your claim and knows how to negotiate effectively with insurance companies. They also know the proper way to file a lawsuit in Fulton County Superior Court, if necessary. Seeking the right lawyer can be crucial, so consider how to find the right lawyer now.

## Myth #3: I can only recover damages for my medical bills and property damage.

Absolutely not! While medical expenses and motorcycle repair costs are certainly significant components of a motorcycle accident claim, they are not the only damages you can pursue in Georgia. You are also entitled to compensation for:

• Lost wages: If you’ve had to miss work due to your injuries, you can recover lost income. This includes not just your current lost wages, but also any future lost earning capacity if your injuries prevent you from returning to your previous job.
• Pain and suffering: This covers the physical pain and emotional distress you’ve experienced as a result of the accident. This is often calculated using a multiplier based on your medical expenses, but an experienced attorney can argue for a higher amount based on the severity of your injuries and the impact on your life.
• Permanent impairment: If you’ve suffered any permanent disabilities, such as a loss of mobility or chronic pain, you are entitled to compensation for this.
• Loss of enjoyment of life: This covers the ways in which the accident has diminished your ability to enjoy your hobbies, activities, and overall quality of life.

I worked on a case last year where my client, a passionate cyclist, sustained a severe leg injury in a motorcycle accident near the Chattahoochee River National Recreation Area. He could no longer ride his bike, which was a huge part of his life. We were able to secure a significant settlement that included compensation for his loss of enjoyment of life, in addition to his medical expenses and lost wages. Your claim’s value can be better understood by assessing what your claim is worth.

## Myth #4: If I was partially at fault for the accident, I can’t recover anything.

Georgia follows a modified comparative negligence rule, outlined in O.C.G.A. Section 51-12-33. This means that you can still recover damages even if you were partially at fault for the motorcycle accident, as long as your percentage of fault is less than 50%. If you are found to be 50% or more at fault, you cannot recover any damages.

For example, let’s say you were speeding slightly on Peachtree Parkway in Johns Creek when another driver made a left turn in front of you, causing the motorcycle accident. A jury might find you 20% at fault for speeding, and the other driver 80% at fault for failing to yield. In this case, you could still recover 80% of your damages. However, if the jury found you 50% or more at fault, you would be barred from recovering anything. This is why it’s so important to have an experienced attorney on your side to argue your case and minimize your percentage of fault. Understanding if fault is blocking your claim is essential.

## Myth #5: I have plenty of time to file a lawsuit.

Wrong! In Georgia, the statute of limitations for personal injury cases, including motorcycle accidents, is generally two years from the date of the accident, per O.C.G.A. Section 9-3-33. While two years might seem like a long time, it can fly by quickly, especially when you’re dealing with medical treatment, recovery, and insurance negotiations.

Waiting too long can be a fatal mistake. If you don’t file a lawsuit within the statute of limitations, you lose your right to sue forever. Furthermore, the longer you wait, the harder it becomes to gather evidence and build a strong case. Witnesses’ memories fade, and evidence can be lost or destroyed. Don’t delay. Consult with an attorney as soon as possible after your motorcycle accident to protect your rights and ensure that you don’t miss any deadlines. And remember, those 72 hours could sink your claim if you aren’t careful.

The aftermath of a motorcycle accident is a confusing time, but armed with the right knowledge and the support of an experienced attorney, you can navigate the legal process and recover the compensation you deserve. Don’t let misinformation derail your recovery.

## FAQ

If you’ve been involved in a motorcycle accident near Johns Creek, GA, remember this: don’t navigate the legal complexities alone. Seeking expert legal guidance is the surest way to protect your rights and secure the compensation you deserve.