GA Motorcycle Wreck? Fault Isn’t Fatal To Your Claim

Navigating the aftermath of a motorcycle accident in Georgia can feel like riding through a maze of misinformation, especially around Savannah. The truth is, many commonly held beliefs about Georgia motorcycle accident laws are simply wrong. What do you really know about your rights after a wreck?

Myth #1: If I was even slightly at fault for the motorcycle accident, I can’t recover any damages.

This is a huge misconception. Georgia operates under a modified comparative negligence system, as outlined in O.C.G.A. § 51-12-33. This means you can still recover damages even if you were partially at fault, but your recovery will be reduced by your percentage of fault. Here’s the kicker: if you are found to be 50% or more at fault, you are barred from recovering any damages.

Let’s say you were involved in a motorcycle accident near the Abercorn Street exit off I-16. The other driver ran a red light, but you were speeding. A jury determines the other driver was 70% at fault and you were 30% at fault. If your total damages are $100,000, you can recover $70,000. However, if the jury finds you 50% or more at fault – say, 51% – you get nothing. This is why it’s so critical to have strong legal representation to argue your case and minimize your attributed fault. Speaking of maximizing your recovery, it’s important to understand how to maximize your settlement.

Myth #2: Lane splitting is legal in Georgia, so it won’t affect my claim.

Absolutely false. Lane splitting, or riding between lanes of stopped or slow-moving traffic, is illegal in Georgia. While some states are exploring legalizing it, Georgia is not one of them. If you were lane splitting at the time of the accident, it will almost certainly be used against you to argue that you were negligent and contributed to the accident.

I had a client a few years back who thought he was being smart by lane splitting on a congested stretch of Highway 17 near Richmond Hill. He was hit by a driver changing lanes without looking. While the driver was partially at fault, my client’s decision to lane split made it much harder to get a fair settlement. The insurance company argued he was primarily responsible due to the illegal maneuver. We eventually secured a settlement, but it was significantly less than what he would have received had he been following the law.

Myth #3: Motorcycle insurance covers everything after an accident.

This is overly simplistic. While Georgia law requires minimum insurance coverage (currently $25,000 per person and $50,000 per accident for bodily injury liability, and $25,000 for property damage liability, as per O.C.G.A. § 33-7-11), this might not be enough to cover all your expenses, especially in a serious accident. Medical bills alone can quickly exceed these limits. You might wonder, is there a compensation limit in Georgia motorcycle accidents?

Furthermore, the other driver’s insurance company is not necessarily on your side. They are a business, and their goal is to pay out as little as possible. They might try to deny your claim, delay payment, or offer a settlement that is far less than what you deserve. This is where having an experienced motorcycle accident lawyer becomes crucial. We know how to negotiate with insurance companies and, if necessary, take your case to court to fight for fair compensation.

Myth #4: Filing a police report is optional after a motorcycle accident.

Wrong. Filing a police report is not only advisable but often essential. A police report provides an official record of the accident, including the date, time, location, and the officers’ observations. It can be crucial evidence when dealing with insurance companies and potentially pursuing a lawsuit.

If you are involved in an accident in Savannah, you should contact the Savannah Police Department immediately. They will dispatch an officer to the scene to investigate and complete a report. Be sure to get a copy of the report, as it will contain valuable information, including the other driver’s insurance information and the officer’s opinion on who was at fault. Without a police report, proving your case can become significantly more difficult, especially if the other driver disputes your version of events. After a Columbus wreck, here are the first steps to take.

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

Think again. Georgia has a statute of limitations for personal injury cases, including motorcycle accidents. Generally, you have two years from the date of the accident to file a lawsuit, according to O.C.G.A. § 9-3-33. While two years might seem like a long time, it can pass quickly, especially when you are dealing with injuries, medical treatment, and the aftermath of the accident.

Waiting until the last minute to file a lawsuit can be a mistake. Evidence can disappear, witnesses’ memories can fade, and the insurance company might become less willing to negotiate. It is always best to consult with an attorney as soon as possible after a motorcycle accident to protect your rights and ensure that you do not miss the deadline to file a lawsuit. What are lawyer mistakes to avoid when hiring an attorney?

I recall a case where a potential client contacted my office just a few weeks before the statute of limitations was set to expire. While we were able to file the lawsuit in time, the rushed timeline made it much more difficult to gather all the necessary evidence and build a strong case. Don’t make the same mistake.

Understanding Georgia motorcycle accident laws is essential if you ride in and around Savannah. Don’t let these myths derail your chances of getting the compensation you deserve.

Don’t let misinformation cloud your judgment after a motorcycle accident in Georgia, especially around Savannah. The best thing you can do is consult with an experienced attorney who can help you understand your rights and options. Waiting only benefits the insurance company, not you. Remember that fault may not kill your claim.