GA Motorcycle Accident: Don’t Let Myths Wreck Your Claim

There’s a TON of misinformation surrounding motorcycle accident claims, especially in a place like Sandy Springs, Georgia. Separating fact from fiction is critical to protecting your rights. Are you sure you know what to do if you’re involved in a wreck?

Myth: If I was on a motorcycle, the accident was automatically my fault.

This is a dangerous and pervasive myth. The truth is, Georgia is an “at-fault” state when it comes to car accidents, including those involving motorcycles. This means that whoever caused the accident is responsible for the damages. Just because you were on a motorcycle doesn’t automatically make you liable. In fact, many motorcycle accidents are caused by negligent drivers who fail to see motorcycles or misjudge their speed. We handled a case near the Roswell Road exit off GA-400 last year where a driver made a left turn directly in front of our client on his bike. The driver assumed the motorcyclist was speeding and didn’t look carefully. We proved, using traffic camera footage, that the driver was entirely at fault. To win your case, you’ll need to demonstrate the other driver’s negligence, just like in any other car accident claim. For more on this, see our article on proving fault in a GA motorcycle accident.

Myth: I don’t need a lawyer; I can handle the insurance company myself.

While technically true, this is rarely a good idea. Insurance companies are businesses, and their goal is to pay out as little as possible. Adjusters are trained to minimize payouts and might try to get you to accept a lowball settlement, especially if you don’t have legal representation. They might pressure you into making recorded statements that can be used against you later. A skilled attorney understands the nuances of Georgia law and can negotiate effectively on your behalf. We know the tactics insurance companies use because many of us used to work for them. A study by the Insurance Research Council found that claimants who hire attorneys receive, on average, 3.5 times more money than those who don’t. Plus, dealing with the aftermath of a motorcycle accident is stressful enough. Let a professional handle the legal complexities so you can focus on healing. Consider the benefits of hiring the right lawyer to navigate these challenges.

Myth: If I wasn’t wearing a helmet, I can’t recover any damages.

Georgia law (O.C.G.A. Section 40-6-315) requires all motorcycle operators and passengers to wear helmets meeting Department of Transportation standards. However, not wearing a helmet does not automatically bar you from recovering damages. While the insurance company will likely argue that your injuries were exacerbated by not wearing a helmet, that only affects the damages you can recover for those specific injuries. For example, if you suffer a broken leg in a motorcycle accident caused by someone else’s negligence, you can still pursue a claim for that injury, even if you weren’t wearing a helmet. The lack of a helmet might reduce the amount you recover for head injuries, though. This is called comparative negligence. The insurance company will try to assign a percentage of fault to you. If that percentage exceeds 50%, Georgia law prevents you from recovering any damages.

Myth: My medical bills are all I can recover after a motorcycle accident.

Medical bills are certainly a significant part of a motorcycle accident claim, but they are not the only damages you can recover. You are also entitled to compensation for lost wages, pain and suffering, property damage (the cost to repair or replace your motorcycle), and future medical expenses if you require ongoing treatment. I had a client last year who worked as a graphic designer in the Perimeter Center area. He suffered a severe wrist injury in a motorcycle accident. While his immediate medical bills were substantial, the biggest component of his claim was lost earning capacity. He could no longer use a mouse or draw for extended periods, significantly impacting his ability to work. We were able to secure a settlement that covered his medical bills, lost wages, and future lost income. Understanding what you can realistically get is key, so learn about realistic compensation.

Myth: I have plenty of time to file a claim after a motorcycle accident.

This is a dangerous assumption. In Georgia, the statute of limitations for personal injury claims, including those arising from motorcycle accidents, is two years from the date of the accident (O.C.G.A. Section 9-3-33). While two years may seem like a long time, it can pass quickly, especially when you are dealing with medical treatment, recovery, and other life challenges. Furthermore, evidence can disappear, witnesses can become difficult to locate, and memories can fade over time. It’s crucial to consult with an attorney as soon as possible after a motorcycle accident in Sandy Springs, Georgia, to ensure your claim is filed on time and to protect your rights. Here’s what nobody tells you: insurance companies love when you wait. It gives them the upper hand. Remember, protecting your rights starts immediately.

Navigating the aftermath of a motorcycle accident in Georgia requires a clear understanding of your rights and the applicable laws. Don’t let misinformation derail your claim. Take action now to protect your future.

Don’t let uncertainty paralyze you. Contact a qualified attorney in Sandy Springs today to discuss your motorcycle accident and understand your legal options. The sooner you act, the better protected you will be.