motorcycle in traffic

Did someone hit you as you were riding your motorcycle in Atlanta? That person could owe you money for your medical bills, lost income, and pain and suffering, but their insurance provider would rather keep their profits than pay you fairly. That’s why you need an experienced Atlanta motorcycle accident lawyer to guide you through the claims process and fight hard for fair compensation.

Our team has over five decades of combined legal experience and a record of over $300 million recovered for accident victims. Firm founders Frank Bayuk and Bradley Pratt’s experience as senior partners for some of the country’s top defense law firms showed them firsthand how insurers fight accident claims. Now, they use their knowledge and insight to craft winning strategies for motorcycle accident victims in Atlanta – and they’re ready to start work on your case today.

Don’t wait another moment to demand what you’re owed. Contact Bayuk Law for a free, no-obligation consultation and case review. An Atlanta motorcycle accident attorney from our firm will discuss your legal options for recovering compensation.

How Common Are Motorcycle Accidents in Atlanta?

Motorcycle accidents are common in Atlanta, and motorcycles are significantly overrepresented in crashes involving injuries and fatalities. According to data from the Georgia Department of Driver Services, motorcyclists account for only about 2 percent of registered vehicles. However, motorcycle riders account for nearly a tenth of traffic fatalities.

Per mile travelled, motorcyclists are nearly 28 times more likely than occupants of passenger vehicles to die in a motor vehicle crash and five times more likely to be injured. Over 40 percent of all motorcycle crashes in Georgia occur in or around the Atlanta metro area, most likely due to the area’s high traffic volume and extensive highways.

Does Wearing a Helmet Make a Difference if You Are in a Motorcycle Crash?

Yes, wearing a helmet can affect the outcome of a motorcycle accident in Georgia. Motorcycle helmets significantly reduce the incidence of head injuries in a collision.

Georgia has universal motorcycle helmet laws requiring all motorcycle drivers and riders to wear head protection, regardless of age or riding experience. If you get into an accident without a helmet and sustain head or neck injuries, you might be judged partially at fault. Under Georgia’s comparative negligence laws, shared fault can reduce the amount you receive in any settlement or jury verdict.

Whether or not a helmet would have prevented an injury depends on the type of injury. If wearing a helmet would have reduced injury severity, such as with traumatic brain injuries, it’s more likely insurers will try to hold you at least partly at fault. You may still be able to recover compensation for injuries not affected by wearing a helmet. Wearing a helmet while on your motorcycle can reduce the risk of serious injury and preserve your ability to recover the maximum compensation after a motorcycle accident.

An experienced motorcycle accident lawyer can review the specific details of your accident and discuss your right to pursue a motorcycle accident claim.

What Are the Motorcycle Laws for Atlanta and Georgia?

Knowing Georgia’s motorcycle laws matters because noncompliance can impact your ability to recover financial damages after a motorcycle wreck. If you violate Georgia motorcycle laws and get into a collision, your non-compliance with the law could make you ineligible to pursue a personal injury claim for your losses. There are several essential motorcycle laws you should know and follow to protect yourself from accident liability:

  • License Requirements – You must have a Class M motorcycle license or permit to operate a motorcycle in Georgia legally. Riding without a valid license is a misdemeanor and can result in a fine of up to $1,000.
  • Helmet Laws – OCGA 40-6-315 states that all riders and passengers on a motorcycle must wear a DOT-approved helmet. All riders must wear eye protection or have a windshield on their bikes. Violating helmet laws is a misdemeanor punishable by a fine of up to $1,000.
  • Motorcycle Insurance Requirements – All riders in Georgia must carry at least $10,000 in property damage liability coverage, $15,000 in injury liability coverage per person, and $30,000 in injury liability coverage per accident.
  • Lane Splitting – Lane splitting, or riding between lanes of slow or stationary traffic, is illegal in Georgia, per OCGA 40-6-312. The penalty for lane splitting is a fine and three points on your license. However, two motorcycles can ride side by side in a single lane.
  • Traffic Laws – Motorcyclists are subject to the same traffic rules as other drivers. They must obey traffic signals, follow the speed limit, signal before turns, and yield the right-of-way when required.
  • Equipment Laws – To be street legal, a motorcycle must be equipped with a side mirror, handlebars that are less than 15 inches above the seat, and working headlights and taillights.

Benefits of Hiring an Atlanta Attorney for Your Motorcycle Accident Claim

By hiring a motorcycle accident lawyer in Atlanta from Bayuk Pratt, you’ll have the freedom to focus on your injury treatment and rehabilitation while we work on your claim.

Our motorcycle accident lawyers will:

  • Investigate the crash to secure evidence
  • Identify liable parties and avenues for compensation
  • Negotiate for a fair out-of-court settlement
  • Take your case to trial if the insurer won’t play fair

What to Do After a Motorcycle Accident

Following an accident on your motorcycle resulting from someone else’s negligence, you can put yourself in a favorable position to seek financial recovery and justice for your injuries by:

  • Reporting the accident to law enforcement and requesting a copy of the police crash report
  • Notifying your motorcycle insurance provider about the accident
  • Seeking prompt medical attention and following your doctor’s treatment plan
  • Obtaining copies of medical records of your treatment and rehabilitation
  • Gathering copies of pay stubs or income statements if you miss time from work or earn less than before the crash
  • Keeping all bills, invoices, and receipts of your expenses

Finally, remember to contact an Atlanta motorcycle accident attorney from Bayuk Pratt as soon as possible to start pursuing the financial resources you need to put your life back on track.

How We Investigate Atlanta Motorcycle Accident Cases

At Bayuk Pratt, our legal team thoroughly investigates motorcycle accidents to recover all available evidence. Having a complete picture of a crash allows us to identify all at-fault parties and evaluate our clients’ legal options for financial compensation.

Some examples of evidence we use in investigating motorcycle crashes include:

  • Police accident reports
  • Accident scene photos or videos
  • Surveillance and traffic camera footage
  • Dashcam and helmet cam footage
  • Eyewitness testimony
  • The driver’s cell phone records
  • The driver’s post-crash alcohol and drug test results
  • Vehicle computer data logs
  • Repair and maintenance records
  • Post-accident vehicle inspections
  • Accident reconstruction expert reports and testimony

Compensation You Could Recover in an Atlanta Motorcycle Accident Claim

You may have a claim to obtain financial recovery for expenses or losses you incur due to injuries suffered in a motorcycle collision.

Your motorcycle accident compensation can provide you with money for your:

  • Repair or replacement costs for other damaged property, such as your motorcycle helmet
  • Medical treatment and rehabilitation expenses
  • Costs of long-term disability care and support services, such as housekeeping
  • Lost wages or income
  • Loss of future earning capacity and job benefits if you suffer permanent disability
  • Physical pain and anguish
  • Emotional trauma and distress, including reduced quality of life caused by disabilities or permanent disfigurement from your injuries
  • Motorcycle repair expenses or reimbursement for the value of your bike if the accident totaled it

How a Motorcycle Accident Differs from a Car Accident

Injured motorcycle riders face certain challenges in pursuing financial compensation that victims of other motor vehicle accidents do not.

Some of the factors that can make motorcycle accident claims different from car accident claims include:

  • More Severe Injuries – Because motorcycle riders typically suffer severe injuries in a crash, motorcycle accident claims can involve substantial amounts of compensation that may make insurance companies fight harder to minimize their financial liability.
  • At-Fault Drivers May Lack Sufficient Insurance – Some drivers purchase the minimum liability insurance required by law. However, these basic policies frequently do not provide full compensation to injured riders, which may require them to turn to other sources of financial relief.
  • Anti-Motorcyclist Bias – Drivers may rely on popular stereotypes of motorcycle riders as “outlaws” to claim that a rider did something careless or reckless that caused the accident. When a driver tries to shift blame for a crash to the rider, the rider may need additional evidence to prove that the driver caused the accident.

What Happens If Someone Dies as a Result of an Atlanta Motorcycle Accident?

Motorcycles have a significantly higher fatality rate in accidents than passenger cars. Many motorcycle claims involve wrongful deaths. When someone dies in a motorcycle accident due to negligence or wrongdoing, their spouse or children may have the right to file a wrongful death lawsuit (OCGA 51-4-2). Through a wrongful death lawsuit, they can recover the “full value of the life of the decedent,” which includes economic and non-economic losses, such as medical bills, lost wages, and pain and suffering. Any proceeds from a wrongful death lawsuit are split equally between the surviving spouse and any children.

If the deceased has no spouse or children, then their parents can file a wrongful death lawsuit. Suppose the motorcycle accident victim has no surviving spouse, children, or parents. In that case, the deceased’s personal representative can bring a wrongful death lawsuit and hold the proceeds for the deceased’s next of kin.