Voted Best Personal Injury Law Firm By Georgia Lawyers
Atlanta Motorcycle Accident Lawyer
TESTIMONIALS
I called Matt after several people recommended him. He was very kind and did a very good job on my son’s case. We are very thankful for the work he did. Most importantly, he was never hard to reach and answered every question we had while going through the process. Matt is the only attorney I will ever call in the future.
- Emily
My husband is a cyclist that did not fair well against an SUV recently. Matt and his team took phenomenal care of us, allowing us not to stress out (too much) about the little things. Matt and his team handled everything with professionalism. We know we made the right call.
- Jane
So glad I hired this firm after my rearend car accident. Matt embodies the skill set and values I was looking for. He treats every case like a mini war, and was a zealous advocate on my behalf. And he did so in the most competent and skillful manner. He listened, was empathetic and understood my legal and nonlegal problems.
- Jared
My 85-year old mom was in a motor vehicle accident with an uninsured motorist. His love, thoroughness and commitment to her case helped us through this accident and her cancer treatment. She underwent successful lobectomy and chemotherapy and is doing exceptionally well. We are immensely grateful.
- Lindy
It was important to me to get the maximum money I could for my broken neck and arm. After getting jerked around for months by State Farm, I interviewed several firms and chose Mr. Wetherington. I’m glad I did. He forced the insurance company to pay twenty times their last offer to me.
- Veronica
It is an honor to share my experience with Mr. Wetherington. He was able to get answers about what happened in my son’s wreck that other attorney’s were not able to do. I am so thankful for the work that he did and he was very thorough in his explanation of why the vehicle had a “defect.”
- Anonymous
My case did not settle. The person that hit me only had minimal policy limits. Fortunately, I had my own insurance, which should have provided more money. My insurance company, Allstate, treated me like garbage. We had to sue them and go all the way to trial, which we won.
- Jane Doe
Matt Wetherington is the attorney who is suing the booting companies. We need to do everything we can as a community to help him succeed. God bless you, Mr. Wetherington!
- Michael
The best! Great people and always friendly.
- Jamal
Our Locations
Wetherington Law Firm is ranked #1 in Georgia by fellow attorneys, two years in a row. ALM Verdicts Hall of Fame. Inducted, Fulton County Daily Report Law Firm Hall of Fame.
Motorcyclists are not the reckless riders that insurance companies want juries to believe. Most motorcycle crashes in Georgia are caused by other drivers who failed to look, failed to yield, or failed to share the road. What follows those crashes, however, is a legal fight shaped by decades of bias against riders, and winning it requires an Atlanta motorcycle accident lawyer who understands both the law and the tactics used to minimize what your injuries are worth.
At Wetherington Law Firm, Atlanta motorcycle accident attorney Matt Wetherington has litigated personal injury cases against national insurers, corporate defendants, and nearly every major insurance company operating in Georgia. He has been ranked #1 in Georgia by fellow attorneys for two consecutive years, inducted into the ALM Verdicts Hall of Fame for securing one of Georgia’s largest auto wreck verdicts, and inducted into the Fulton County Daily Report Law Firm Hall of Fame.
If you were injured on a motorcycle in Atlanta or anywhere in Georgia, call (404) 888-4444 or fill out our quick online form for a free consultation. We handle motorcycle accident cases on contingency. You pay nothing unless we win.
What Is a Motorcycle Accident Claim in Georgia?
A motorcycle accident claim arises when a rider is injured because of another party’s negligence, recklessness, or statutory violation. Like all Georgia personal injury claims, it requires proving four elements: the defendant owed a duty of care, the defendant breached that duty, the breach caused the crash, and the crash caused recoverable damages.
What makes motorcycle cases different is not the legal framework. It is the severity of injuries, the depth of available insurance coverage, the anti-rider bias that surfaces in insurance adjustments and in courtrooms, and the specific Georgia statutes that affect how fault is assigned and how damages are calculated.
Motorcycle crashes produce injuries that are categorically more severe than most passenger vehicle crashes, because riders have no structural protection between themselves and the point of impact. Fatalities, traumatic brain injuries, spinal cord injuries, amputations, and extensive road rash requiring skin grafts are common outcomes of crashes that would produce minor injuries in a passenger vehicle. That severity means the financial stakes are high, and it also means the defendant’s insurer has a strong financial incentive to dispute fault, minimize injuries, or shift blame to the rider.
Why Motorcycle Accident Cases Are Legally Different
Anti-rider bias is a real litigation obstacle. Insurance adjusters and defense attorneys regularly exploit the cultural assumption that motorcyclists are risk-takers who contribute to their own injuries. That bias shows up in initial liability assessments, in settlement negotiations, and in how juries receive evidence when a case goes to trial. An experienced Atlanta motorcycle accident attorney builds the case to preempt those arguments with objective evidence, not to react to them after they have already shaped the insurer’s position.
Helmet use affects comparative negligence arguments. Georgia law requires all motorcycle operators and passengers to wear helmets under O.C.G.A. § 40-6-315. Defense counsel regularly argues that a rider who suffered a head injury while not wearing a helmet was contributorily negligent, which under Georgia’s modified comparative negligence rule under O.C.G.A. § 51-12-33 can reduce or eliminate recovery. How that argument is built, challenged, and framed to a jury requires specific experience with Georgia motorcycle cases.
Injuries are catastrophic and expensive to document. The full value of a motorcycle injury claim, including future medical costs, lost earning capacity, and the long-term impact on quality of life, requires expert testimony from medical specialists, life care planners, and vocational economists. Cases that settle without that documentation almost always settle for less than their actual value.
Multiple defendants are often overlooked. The driver who caused the crash is rarely the only responsible party. The driver’s employer may be liable if the crash occurred during working hours. A road authority may be responsible if a road defect contributed. A vehicle or tire manufacturer may bear liability if a mechanical failure was involved. Identifying every defendant requires an investigation that goes beyond the police report.
Georgia Motorcycle Laws That Affect Your Injury Claim
- Helmet requirement under O.C.G.A. § 40-6-315. Georgia requires all motorcycle operators and passengers to wear helmets that comply with federal safety standards. Failure to wear a helmet does not bar a claim, but it directly affects how head injury damages are argued, particularly under Georgia’s comparative fault rules. Building the liability case around the other driver’s fault, rather than allowing the defense to reframe the case around the rider’s choices, is essential.
- Modified comparative negligence under O.C.G.A. § 51-12-33. If a jury assigns you 50% or more of the fault for the crash, you recover nothing. Below 50%, your recovery is reduced by your fault percentage. Defense teams in motorcycle cases push fault percentages aggressively, regularly arguing that the rider was speeding, lane-splitting, or riding inattentively. Countering those arguments with dashcam footage, ECM data, witness testimony, and accident reconstruction analysis is what keeps the recovery intact.
- Lane splitting is illegal in Georgia. Unlike California, Georgia does not permit motorcycles to travel between lanes of moving traffic. If a crash occurred while a rider was lane-splitting, the defense will use that violation to argue comparative fault. Georgia courts analyze whether the violation actually caused the crash, which is a factual question that can be contested with the right evidence.
- Two-year statute of limitations under O.C.G.A. § 9-3-33. You have two years from the date of the crash to file a personal injury lawsuit in Georgia. Miss that deadline and the claim is gone regardless of how serious the injuries are. Claims against government entities, such as a road authority responsible for a defective road, carry shorter notice requirements: 12 months for state entities under the Georgia Tort Claims Act and as little as 6 months for some municipal entities.
- Uninsured and underinsured motorist coverage. Georgia law requires insurers to offer UM/UIM coverage to motorcycle policyholders. Given that many drivers who cause motorcycle crashes carry only Georgia’s minimum liability limits of $25,000 per person, UM/UIM coverage is often the most important source of recovery in a serious motorcycle injury case. We evaluate every available coverage source in every case.
What Compensation Is Available in a Georgia Motorcycle Accident Case?
Georgia law allows injured motorcyclists to pursue full economic and non-economic damages.
Economic damages cover every quantifiable financial loss: emergency treatment, surgery, and hospitalization; physical therapy, neurological care, and specialist visits; future medical expenses projected over the rider’s lifetime; prescription medications; assistive devices including prosthetics, orthotics, and mobility aids; lost wages from the date of the crash through resolution; lost earning capacity for permanent injuries that affect the ability to work; and home or vehicle modifications required by the disability.
Non-economic damages cover what does not appear on a bill but is equally real: physical pain and suffering, past and ongoing; emotional distress, anxiety, and PTSD; loss of enjoyment of life, including riding and other activities no longer accessible; permanent disfigurement and scarring; and loss of consortium for a spouse.
Punitive damages are available under O.C.G.A. § 51-12-5.1 when the defendant’s conduct was willful, wanton, or showed conscious indifference to consequences. In motorcycle cases, the most common scenarios are drivers who were intoxicated, texting while driving, or who fled the scene after the crash. Georgia caps punitive damages at $250,000 in most cases, but that cap does not apply in DUI cases or cases involving specific intent to harm.
Common Causes of Motorcycle Accidents in Atlanta, Georgia
Left-turn crashes are the most common cause of serious motorcycle accidents nationwide and in Atlanta specifically. A driver turning left across oncoming traffic fails to see or yield to an oncoming motorcyclist, resulting in a direct impact. These crashes frequently occur at intersections on Peachtree Street, Ponce de Leon Avenue, Buford Highway, and throughout the I-285 interchange corridors. The driver’s failure to yield is typically clear, but the defense will argue the rider was speeding or in a blind spot.
Lane change and merge collisions occur when a driver changes lanes without checking mirrors or signaling and strikes a rider traveling legally in the adjacent lane. Commercial trucks have particularly large blind zones, and lane change crashes involving 18-wheelers on I-75, I-85, I-285, and I-20 produce some of the most catastrophic motorcycle injuries in metro Atlanta.
Rear-end collisions happen when a following driver fails to maintain a safe stopping distance, most commonly in stop-and-go traffic on Atlanta’s congested corridors. A rear-end impact that would cause whiplash in a passenger vehicle can throw a motorcyclist from their bike at highway speed.
Dooring incidents occur when a driver or passenger opens a car door into the path of an oncoming motorcyclist. These crashes are most common in urban Atlanta neighborhoods with street parking, including Midtown, Virginia-Highland, Little Five Points, and East Atlanta Village.
Road hazard crashes involve debris, potholes, uneven pavement, missing pavement markings, or poor road design that causes a rider to lose control. When the hazard is on a public road and the responsible government authority had notice of the defect, a premises liability or government negligence claim may be available alongside or instead of a driver-fault claim.
Drunk and drug-impaired driving. Georgia DUI law under O.C.G.A. § 40-6-391 applies the same standard to drivers who strike motorcyclists. When a driver was impaired at the time of the crash, punitive damages are available without the $250,000 statutory cap, and the carrier’s ability to dispute liability is significantly limited by the criminal record.
Defective motorcycle equipment. When a crash results from a mechanical failure, including a tire blowout, brake failure, or throttle defect, the motorcycle manufacturer or component supplier may bear products liability responsibility in addition to or instead of the other driver. Matt Wetherington founded the Tire Safety Group, a nonprofit that maintains the largest database of recalled tires in the world, searchable by DOT code, and has presented published trial advocacy on tire failure litigation at the Institute of Continuing Legal Education in Georgia (2017) and nationally (Nashville, 2018). In cases involving motorcycle tire failures, the firm brings technical depth that very few plaintiff’s attorneys in Georgia can match.
What We Investigate in Every Atlanta Motorcycle Accident Case
- The crash sequence. We reconstruct exactly what each vehicle was doing in the seconds before impact, using physical evidence, witness accounts, traffic camera footage, dashcam recordings, and where applicable, event data recorder information from the at-fault vehicle. GDOT NaviGAtor cameras cover much of Atlanta’s highway network, and private business cameras along surface streets often capture the incident. That footage is typically overwritten within 24 to 72 hours, which is why we move the moment we are retained.
- The at-fault driver’s history. We obtain the driver’s complete motor vehicle record, prior accident history, insurance information, and where applicable, employer records if the crash occurred during work hours. A driver with prior violations or a history of at-fault crashes strengthens a negligent entrustment claim against an employer and may support a punitive damages theory.
- Toxicology and impairment evidence. In suspected DUI crashes, we obtain post-accident blood alcohol or drug test results and evaluate the chain of custody. Where testing was delayed or refused, we investigate why, and use the circumstances as evidence.
- Road conditions and infrastructure. In crashes involving road defects, we document the defect, obtain maintenance records from the responsible government entity, and investigate whether prior complaints or inspection reports put the authority on notice of the hazard.
- The motorcycle and its maintenance history. Where mechanical failure is a potential factor, we send preservation letters immediately to prevent the bike from being repaired, modified, or discarded. In tire failure cases, we obtain the tire’s DOT code, cross-reference it against recall databases, and retain a tire engineering expert where the failure analysis supports a products liability claim.
- The full medical and financial impact. We work with treating physicians, medical specialists, life care planners, and vocational economists to build a complete picture of what the crash has cost and will continue to cost, including future surgeries, long-term rehabilitation, lost earning capacity, and the non-economic impact on daily life. Insurance companies routinely attempt to minimize future costs. Our documentation prevents that.
Who May Be Liable for Your Motorcycle Accident in Georgia?
- The at-fault driver is the most immediate defendant. A driver who failed to yield, changed lanes without checking, was texting, or was impaired has breached the duty of care owed to every other road user, including motorcyclists.
- The driver’s employer may be liable under respondeat superior if the driver was operating a personal or commercial vehicle in the scope of employment at the time of the crash. Employers may also face direct claims for negligent hiring, supervision, or entrustment of a vehicle to a driver with a known unsafe record.
- A government entity may be responsible if a road defect, missing signage, inadequate lighting, or poorly designed intersection contributed to the crash. Georgia’s Tort Claims Act under O.C.G.A. § 50-21-1 et seq. governs claims against the State. Claims against cities and counties are governed by the Georgia Municipal Tort Claims Act. Both carry ante litem notice requirements with shorter deadlines than the standard two-year statute of limitations.
- A vehicle or component manufacturer may be liable if a defect in the motorcycle, a tire, a brake system, or safety equipment contributed to the crash or worsened the injuries. Georgia strict products liability doctrine under O.C.G.A. § 51-1-11 allows recovery against manufacturers without proving fault, only proving that the product was defective and that the defect caused the injury.
- A bar, restaurant, or social host may face dram shop liability under O.C.G.A. § 51-1-40 if they knowingly served alcohol to a noticeably intoxicated person who then caused a crash. Georgia’s dram shop statute is narrower than in some states, but when the evidence supports the claim, it opens an additional defendant with its own insurance coverage.
What Injuries Are Commonly Suffered in Atlanta Motorcycle Accidents?
Because motorcyclists have no structural protection around them, the injuries that follow a collision are almost always more severe than those suffered by occupants of passenger vehicles. Common motorcycle accident injuries include traumatic brain injuries ranging from concussion to permanent cognitive impairment; spinal cord injuries producing partial or complete paralysis; road rash requiring debridement, skin grafting, and long-term wound care; broken bones and crush injuries affecting the legs, arms, pelvis, and ribs; internal bleeding and organ damage; amputations of the foot, leg, or hand from crush and degloving forces; burns from fuel fires or exhaust contact; and emotional trauma including PTSD, depression, and anxiety, particularly following crashes that involved extended entrapment or the death of another rider.
The severity of these injuries means that the documentation process matters as much as the liability case. A claim that fully accounts for future surgeries, lifetime medical costs, lost earning capacity, and the non-economic impact of permanent disability is a fundamentally different case from one that only accounts for current medical bills.
Matt Wetherington: Atlanta Motorcycle Accident Attorney
Matt Wetherington is the founder of Wetherington Law Firm and one of Georgia’s most recognized plaintiff’s trial attorneys. He has litigated personal injury and wrongful death cases against national corporations, commercial insurers, vehicle manufacturers, and tire companies. His credentials reflect the experience he brings to every motorcycle case:
- Ranked #1 in Georgia by fellow attorneys, two consecutive years. Peer rating by the attorneys who face him across the table in litigation.
- Inducted, ALM Verdicts Hall of Fame: for securing one of Georgia’s largest auto wreck verdicts, a result that reflects the firm’s commitment to taking catastrophic cases to full value.
- Inducted, Fulton County Daily Report Law Firm Hall of Fame
- Daily Report Top Auto Wreck Verdict in Georgia, 2015
- Super Lawyer: Personal Injury and Products Liability
- Founder, Tire Safety Group: nonprofit maintaining the largest recalled tire database in the world; peer-published presenter on tire failure litigation at ICLE Georgia (2017) and nationally (Nashville, 2018)
- Speaker, American Association for Justice Annual Conference
- Speaker, Georgia Trial Lawyers Association Annual Conference
- Speaker, American Bar Association, Chicago
- GTLA Champion Member; AAJ Member; ABA Member
- Georgia Court of Appeals and Georgia Supreme Court appearances
- Litigated against Ford, Chrysler, Firestone, BF Goodrich, national trucking companies, and major commercial insurers
“Insurance companies make money by paying less than a claim is worth. In motorcycle cases, they count on the assumption that riders are at least partly responsible for what happened to them. Our job is to make that assumption impossible to sustain with the evidence.” Matt Wetherington, Founder, Wetherington Law Firm
How the Legal Process Works After a Motorcycle Crash in Georgia
- Step 1: Free consultation and case evaluation. The first conversation with our team is free, confidential, and carries no obligation. We assess the facts of the crash, identify likely defendants and available insurance coverage, evaluate the strength of liability, and give you a candid assessment of the realistic value range for your claim.
- Step 2: Immediate evidence preservation. We send preservation letters and, where necessary, seek emergency orders to secure dashcam footage, event data recorder information, traffic camera recordings, the at-fault vehicle, and your motorcycle before evidence is overwritten, repaired, or destroyed. This step happens within 24 to 48 hours of being retained.
- Step 3: Full investigation. We build the complete liability picture, identify every responsible party, obtain the at-fault driver’s history, evaluate all available insurance coverage including UM/UIM policies, and retain the experts the case requires: accident reconstructionists, medical specialists, life care planners, tire engineers where applicable, and vocational economists.
- Step 4: Medical documentation. We work alongside your medical team to ensure the full scope of your injuries, including future treatment needs, is properly documented before any settlement demand is made. Settling before the medical picture is complete means leaving future costs uncompensated.
- Step 5: Demand, negotiation, and litigation if necessary. Once liability is established and the damages picture is complete, we present a structured demand to the defendant’s insurer. Most cases resolve through negotiation or mediation. Where the insurer refuses to pay fair value, Matt Wetherington is an experienced trial attorney who prepares every case from day one for the possibility of a jury verdict. That preparation is what produces serious settlement numbers.
- Step 6: Resolution and recovery. We ensure that any lien holders, including medical providers and health insurers, are properly addressed in the resolution, and that you receive the maximum net recovery available.
Common Mistakes Motorcycle Accident Victims Make in Georgia
Giving a recorded statement to the at-fault driver’s insurer. The insurer will call quickly, sometimes within 24 hours, asking for a recorded statement. Adjusters are trained to ask questions in ways that elicit answers useful for assigning partial fault to the rider. Do not provide a recorded statement without legal counsel.
Accepting an early settlement offer. Early offers are made before the full scope of injuries is known and before the legal representation makes the claim difficult to fight. In motorcycle cases involving serious injuries, early offers almost never reflect the actual value of future medical costs, lost earning capacity, or non-economic damages. Once you sign a release, no further recovery is possible.
Assuming your own insurance does not matter. UM/UIM coverage on your motorcycle policy may be the most important source of recovery if the at-fault driver is uninsured or underinsured. Many riders do not know they have that coverage, or do not know how to activate it properly. We evaluate every available coverage source in every case.
Delaying medical treatment. Gaps in treatment give defense counsel grounds to argue that your injuries resolved faster than you are claiming, or that subsequent medical problems are unrelated to the crash. Consistent and documented medical care protects both your health and your claim.
Not retaining an attorney before the evidence disappears. Dashcam footage overwrites in hours. Traffic cameras overwrite in days. Tire marks fade. Witnesses become harder to locate. In a motorcycle case where the defense will argue the rider contributed to the crash, objective physical and electronic evidence is often the most powerful rebuttal. An attorney needs to be involved early enough to preserve it.
Georgia Motorcycle Accident Statute of Limitations
Under O.C.G.A. § 9-3-33, you have two years from the date of the crash to file a personal injury lawsuit in Georgia. For wrongful death claims arising from a fatal motorcycle crash, the same two-year period generally applies under O.C.G.A. § 51-4-2.
Two years feels like adequate time. In a serious motorcycle injury case, it is not. Building a complete claim requires obtaining and analyzing event data recorder information, reconstructing the crash, retaining medical and vocational experts, developing a life care plan, obtaining insurance records and driver history, and preparing for the realistic possibility of trial. That work takes months when done properly.
Claims against government entities carry additional deadlines that are shorter. Claims against the State of Georgia require ante litem notice within 12 months of the crash under the Georgia Tort Claims Act. Claims against cities, counties, and other municipal entities may carry notice requirements as short as 6 months. Missing those deadlines eliminates the claim against that defendant entirely.
The earlier you retain an Atlanta motorcycle accident attorney, the more evidence is available to preserve and the more time there is to build the case correctly.
How Much Does It Cost to Hire a Motorcycle Accident Lawyer in Atlanta?
Nothing upfront. Wetherington Law Firm handles motorcycle accident cases on a contingency fee basis, meaning our fee is a percentage of the recovery we obtain for you. If we do not win, you owe no attorney fees. Every fee arrangement is documented in writing, governed by Georgia Bar Rule 1.5, and explained fully before any work begins.
Standard Georgia contingency fee structures are 33 1/3% of the recovery if the case resolves before suit is filed and 40% if litigation is necessary. Case expenses, including accident reconstruction, expert witness fees, deposition costs, medical record retrieval, and filing fees, are advanced by the firm and reimbursed from the settlement or verdict, not paid out of pocket while you are still recovering.
This arrangement means that the quality of legal representation available to you does not depend on your financial situation. We take the same approach to every case regardless of the client’s ability to pay up front.
What a Georgia Motorcycle Accident Lawsuit Must Prove
Motorcycle accident cases in Georgia are defended more aggressively than standard car accident claims. Insurers factor rider bias into their strategy from the start, and defense counsel looks for every opportunity to portray the motorcyclist as reckless or partially at fault. Winning requires proving four elements while dismantling that narrative.
- Duty is straightforward, every driver in Georgia owes a duty to operate safely under state traffic law. This is rarely disputed.
- Breach is where the fight begins. Establishing that the defendant failed to yield, changed lanes improperly, or ran a signal requires crash reconstruction, vehicle event data, surveillance footage, witness testimony, and in some cases cell phone records. Police reports alone are rarely sufficient.
- Causation becomes complex when defense counsel argues that injuries were worsened by helmet use issues, speed, or preexisting conditions. Countering those arguments requires biomechanical experts, medical testimony, and documented scene evidence that connects the specific forces of the crash to the specific injuries sustained.
- Damages require demonstrating long-term impairment rather than just current bills. Surgical intervention, permanent functional limitations, lost earning capacity, and the ongoing impact on daily life all have to be established through expert testimony and challenged against a defense team that will retain its own experts to argue the numbers down.
Preparation at the evidentiary level is what determines whether a case resolves at full value or proceeds to trial with the plaintiff in a weak position.
Contact Our Atlanta Motorcycle Accident Lawyers
The evidence that wins a motorcycle case starts disappearing within hours of the crash. Insurance adjusters are already building the defense narrative. The sooner our team is involved, the more we can preserve and the stronger the case we can build.
When you contact Wetherington Law Firm, here is what you can expect:
- A free, confidential consultation with an attorney who actually handles serious personal injury cases, not a screener reading from a script.
- A clear assessment of your claim, the likely defendants, the available insurance coverage, the realistic value range, and what we expect from the defense.
- Immediate action: preservation letters, evidence demands, and insurance record requests within 24 to 48 hours of being retained.
- No fees unless we win. We advance all case expenses. You pay nothing until we recover for you.
Call (404) 888-4444 or fill out our online contact form to schedule your free consultation. We represent injured motorcyclists across Atlanta and throughout Georgia, including Fulton, DeKalb, Gwinnett, Cobb, Clayton, and beyond.
Frequently Asked Questions
Can I still recover compensation if I was not wearing a helmet at the time of the crash?
Yes, but helmet use will likely be raised as a comparative negligence argument if you suffered a head injury. Georgia’s modified comparative negligence rule under O.C.G.A. § 51-12-33 allows recovery as long as you were less than 50% at fault. Not wearing a helmet does not make you 50% at fault for a crash caused by another driver’s failure to yield. However, it may affect the damages calculation for head injuries specifically. An experienced motorcycle accident attorney builds the liability case around the other driver’s conduct, not the rider’s equipment choices.
What if the driver who hit me does not have enough insurance to cover my injuries?
This is one of the most common problems in serious motorcycle cases. Georgia’s minimum liability limits are $25,000 per person, which is inadequate for any serious injury. Uninsured and underinsured motorist coverage on your own motorcycle policy may provide the primary source of additional recovery. We evaluate every available coverage source, including the at-fault driver’s policy, your own UM/UIM coverage, and any other applicable policies, from the first consultation.
How does Georgia’s comparative negligence law affect a motorcycle accident claim?
Under O.C.G.A. § 51-12-33, your recovery is reduced by your percentage of fault. If a jury finds you 25% at fault, your damages are reduced by 25%. If you are found 50% or more at fault, you recover nothing. Defense attorneys in motorcycle cases routinely try to push fault percentages up by arguing the rider was speeding, lane-splitting, or riding inattentively. Countering those arguments with objective evidence, including event data recorders, dashcam footage, and crash reconstruction, is central to protecting your recovery.
What evidence is most important in a Georgia motorcycle accident case?
The most valuable evidence typically includes dashcam footage from the at-fault vehicle or nearby traffic cameras, event data recorder information from the at-fault vehicle, the positions and conditions of both vehicles after the crash, witness statements taken promptly, toxicology results where impairment is a factor, and the at-fault driver’s prior driving record. Much of this evidence is time-sensitive. Dashcam and traffic camera footage in particular can be overwritten within 24 to 72 hours. An attorney needs to send preservation notices immediately.
Can I sue if the crash was caused by a road defect?
Yes. If a pothole, missing pavement markings, broken guardrail, inadequate signage, or other road defect contributed to the crash, a claim may be available against the government entity responsible for maintaining that road. These claims carry strict procedural requirements, including ante litem notice deadlines shorter than the general two-year statute of limitations. In Georgia, claims against the State must be noticed within 12 months. Claims against municipalities may require notice within 6 months. Missing those deadlines closes the claim against that defendant permanently.
What if the crash was caused by a tire failure on my motorcycle?
A tire failure may support both a negligence claim against whoever was responsible for maintaining the tire and a products liability claim against the tire manufacturer if the tire was defective or subject to a recall. Matt Wetherington founded the Tire Safety Group, a nonprofit that maintains the largest recalled tire database in the world, and has presented published work on tire failure litigation at ICLE Georgia and at national conferences. In motorcycle tire failure cases, the firm brings a level of technical experience that distinguishes it from most Georgia plaintiff’s firms.
How long will my motorcycle accident case take to resolve?
Cases with clear liability and a single insurer can sometimes resolve within six to twelve months. Cases involving serious injuries, disputed fault, multiple defendants, or corporate carriers with dedicated defense teams may take considerably longer. The right timeline is one that allows for complete medical documentation before settlement, so that future costs are properly accounted for and not waived. Your attorney should give you a realistic timeline from the outset and update you as the case develops.
Georgia Auto Laws
Driving While Intoxicated
OCGA 40-6-253 and OCGA 40-6-391
Speeding
OCGA 40-6-181
Using a Phone While Driving
OCGA 40-6-241
Failing to Yield to Pedestrians
OCGA 40-6-91, OCGA 40-6-92, OCGA 40-6-93, and OCGA 40-6-96
Failing to Obey a Traffic Official
OCGA 40-6-2
Conducting a Police Chase in a Reckless Manner
OCGA 40-6-6
Failing to Change Lanes to Give Space for Parked Emergency Vehicles and Construction Workers
OCGA 40-6-16 and OCGA 40-6-75
Tampering with or Stealing Road Signs
OCGA 40-6-26
Failing to Maintain One Lane
OCGA 40-6-40 and OCGA 40-6-48
Going the Wrong Way on a One-Way Road
OCGA 40-6-47 and OCGA 40-6-240
Driving a Tractor-Trailer or Bus in the Far-Left Lane(s)
OCGA 40-6-52
Failing to Yield to Emergency Vehicles
OCGA 40-6-74
Making an Improper U-Turn
OCGA 40-6-121
Failing to Exercise Due Caution Near Railroad Crossings
OCGA 40-6-140 and OCGA 40-6-142
Driving Too Slow in the Fast Lane
OCGA 40-6-184
Failing to Slow and Exercise Caution in Construction Zones
OCGA 40-6-188
Obstructing an Intersection
OCGA 40-6-205
Failing to Secure all Loads
OCGA 40-6-248.1 and OCGA 40-6-254
Driving Recklessly
OCGA 40-6-390
Causing Serious Injury by Vehicle
OCGA 40-6-394
Running a Red or Yellow Traffic Light
OCGA 40-6-20, OCGA 40-6-21, and OCGA 40-6-23
Traveling Too Close to Other Vehicles
OCGA 40-6-49
Running Stop and Yield Signs
OCGA 40-6-72
Failing to Yield to Other Vehicles
OCGA 40-6-70 and OCGA 40-6-73
Driving on the Shoulder, Gore, or Other Prohibited Areas
OCGA 40-6-50
Fleeing Police Officers
OCGA 40-6-395
Road Rage
OCGA 40-6-397
Tampering with Traffic Signals
OCGA 40-6-25, OCGA 40-6-17, and OCGA 40-6-396
Driving on the Wrong Side of the Road
OCGA 40-6-40 and OCGA 40-6-45
Passing Another Vehicle Improperly
OCGA 40-6-42, OCGA 40-6-43, OCGA 40-6-44, and OCGA 40-6-46
Going the Wrong Way in a Roundabout
OCGA 40-6-47
Turning the Wrong Way at an Intersection
OCGA 40-6-71 and OCGA 40-6-120
Failing to Yield to Funeral Processions
OCGA 40-6-76
Failing to Use Turn Signals
OCGA 40-6-123
Failing to Stop First Before Exiting a Parking Lot
OCGA 40-6-144
Drag Racing
OCGA 40-6-186
Parking a Vehicle in an Unsafe Place
OCGA 40-6-202
Driving a Vehicle with an Obstructed View
OCGA 40-6-242
Laying Drags or Intentionally Making Skid Marks
OCGA 40-6-251
Intentionally Striking and Killing a Person with a Vehicle
OCGA 40-6-393
Failing to Follow Pedestrian Traffic Signals
OCGA 40-6-22
Failing to Drive Motorcycles Safely
OCGA 40-6-310 and OCGA 40-6-311
Matt Wetherington is licensed to practice law in Georgia. This page is for informational purposes only and does not constitute legal advice. Past results do not guarantee future outcomes. See our Legal Disclaimer.