Motorcycle accidents in areas like Roswell, Georgia, and along busy corridors like I-75 can be devastating, and unfortunately, misinformation about your rights and legal options after a crash is rampant. Are you sure you know what to do next if you’ve been involved in a motorcycle wreck?
Key Takeaways
- If you’re hurt in a motorcycle accident in Georgia, you have two years from the date of the accident to file a personal injury lawsuit under O.C.G.A. § 9-3-33.
- Georgia is an “at-fault” state, meaning the person who caused the motorcycle accident is responsible for paying damages, so it’s critical to gather evidence proving fault.
- Even if you were partially at fault for the motorcycle accident, you may still be able to recover damages as long as you are less than 50% responsible under Georgia’s modified comparative negligence rule.
## Myth 1: If I wasn’t wearing a helmet, I automatically lose my case.
This is a big one we hear all the time. The misconception is that not wearing a helmet automatically bars you from recovering any damages after a motorcycle accident. While Georgia law (O.C.G.A. § 40-6-315) does require motorcyclists to wear helmets, failing to do so doesn’t automatically destroy your case. The critical question is whether the lack of a helmet caused or worsened your injuries. If your injuries would have been the same regardless of helmet use, the other driver is still liable for the damages they caused.
For example, let’s say you are hit by a driver who ran a red light at the intersection of Holcomb Bridge Road and GA-400 in Roswell. You suffer a broken leg and road rash. A helmet wouldn’t have prevented those injuries. In that scenario, not wearing a helmet wouldn’t prevent you from recovering damages for your injuries, medical bills, and lost wages. Now, if you sustained a head injury that a helmet would have prevented, then the defense will argue that your failure to wear a helmet contributed to those specific damages. The jury will then have to determine how much your lack of a helmet affected those injuries.
## Myth 2: The insurance company is on my side and will offer a fair settlement.
This is dangerous thinking. The idea that the insurance company, even your insurance company, is looking out for your best interests is simply false. Insurance companies are businesses. Their goal is to minimize payouts. Period. They might seem friendly and helpful initially, but their priority is protecting their bottom line, not ensuring you receive fair compensation for your injuries and damages after a motorcycle accident.
I had a client last year who thought his own insurance company was being helpful after a wreck on Mansell Road. He gave a recorded statement without consulting an attorney. Later, the insurance company used his statement against him, arguing that he admitted fault. Never give a recorded statement to any insurance company without first consulting with an attorney.
A recent report by the Insurance Research Council (IRC) [Insurance Research Council](https://www.insurance-research.org/) confirms that claimants who hire attorneys generally receive significantly higher settlements than those who attempt to negotiate on their own. This is because attorneys understand the law, know how to properly value a claim, and aren’t afraid to take a case to trial if necessary.
## Myth 3: I can handle my motorcycle accident claim myself to save money on attorney fees.
While you can technically represent yourself, doing so after a motorcycle accident is generally a bad idea, especially if you’ve suffered serious injuries. The legal process can be complex, and insurance companies are skilled at minimizing payouts. Handling it yourself might seem like a way to save money upfront, but it often results in a far lower settlement than you would have received with an experienced attorney. For example, you might make GA motorcycle accident mistakes that hurt your claim.
Consider this: you are recovering from a broken femur and dealing with the stress of medical bills, lost wages, and physical therapy. Do you really have the time and energy to investigate the accident, gather evidence, negotiate with the insurance company, and potentially file a lawsuit in the Fulton County Superior Court? Probably not.
We’ve seen countless cases where individuals who initially tried to handle their claims themselves ended up contacting us later, after the insurance company had already made a lowball offer or denied the claim altogether. Correcting those mistakes can be difficult, and sometimes impossible.
## Myth 4: If the police report says I was at fault, my case is over.
A police report is an important piece of evidence, but it’s not the final word. The opinion of the investigating officer is just that: an opinion. It’s not a binding determination of fault. You can still pursue a claim even if the police report indicates you were at fault for the motorcycle accident.
We had a case a few years ago where our client was involved in a motorcycle accident on I-75 near the Windy Hill Road exit. The police report initially blamed our client because he was changing lanes. However, after further investigation, we discovered that the other driver was speeding and failed to maintain a proper lookout. We were able to obtain video footage from a nearby business that proved the other driver’s negligence. We successfully proved the police report was inaccurate. This is especially important in areas like Alpharetta where new GA evidence law can impact bikers.
Even if the police report is unfavorable, an experienced attorney can investigate the accident, gather additional evidence (witness statements, surveillance footage, expert opinions), and build a strong case on your behalf. Remember, you must file your personal injury claim within two years of the accident date, per Georgia law (O.C.G.A. § 9-3-33).
## Myth 5: I can only recover damages for my medical bills and property damage.
This is simply untrue. While medical bills and property damage are certainly significant components of a motorcycle accident claim, you can also recover damages for a variety of other losses, including lost wages (both past and future), pain and suffering, emotional distress, and permanent disability. You may even be able to get the max settlement you can win.
Pain and suffering damages can be substantial, particularly in cases involving serious injuries. Georgia law allows juries to consider the physical pain, emotional distress, and loss of enjoyment of life that a victim has experienced as a result of the accident. Proving these damages requires presenting compelling evidence, such as medical records, expert testimony, and personal accounts of how the injuries have impacted your life.
A local Roswell resident recently won a significant settlement after a motorcycle accident near the intersection of Alpharetta Highway and Holcomb Bridge Road. While his medical bills were substantial, a large portion of the settlement was for pain and suffering due to the permanent nerve damage he sustained in the accident.
Don’t let these myths cloud your judgment after a motorcycle accident. Focus on gathering evidence, seeking medical attention, and consulting with an experienced attorney to protect your rights and maximize your chances of a fair recovery. Remember that skipping the doctor after a GA motorcycle accident can impact your claim.
What should I do immediately after a motorcycle accident?
First, ensure your safety and the safety of others. Call 911 to report the accident and request medical assistance. Exchange information with the other driver, including name, insurance information, and contact details. If possible, take photos of the accident scene, vehicle damage, and any visible injuries. Seek medical attention as soon as possible, even if you don’t feel immediately injured.
How long do I have to file a lawsuit after a motorcycle accident in Georgia?
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, according to O.C.G.A. § 9-3-33. If you fail to file a lawsuit within this timeframe, you will likely lose your right to recover damages.
What is “comparative negligence” and how does it affect my motorcycle accident claim?
Georgia follows a modified comparative negligence rule. This means that you can recover damages even if you were partially at fault for the motorcycle accident, as long as your percentage of fault is less than 50%. However, your recovery will be reduced by your percentage of fault. For example, if you are found to be 20% at fault, you can only recover 80% of your damages.
What types of damages can I recover in a motorcycle accident claim?
You can recover various types of damages, including medical expenses (past and future), lost wages (past and future), property damage (repair or replacement of your motorcycle), pain and suffering, emotional distress, and permanent disability.
How much does it cost to hire a motorcycle accident lawyer?
Most motorcycle accident lawyers work on a contingency fee basis. This means that you don’t pay any attorney fees unless they recover compensation for you. The attorney fee is typically a percentage of the settlement or judgment obtained, often around 33.3% if the case settles before a lawsuit is filed, and 40% if a lawsuit is necessary.
If you’ve been hurt in a motorcycle accident, don’t rely on assumptions or hearsay. Reach out to a qualified attorney in the Roswell area for a consultation to understand your rights and options. A proactive approach to your legal situation is the best way to protect your future.
