Motorcycle Accident Frequently Asked Questions

On this motorcycle accident FAQ page, you’ll find answers to common questions about motorcycle accidents in Georgia. These straightforward answers are designed to help you through this challenging time by providing guidance on everything from understanding your legal rights to navigating the legal complexities that come with motorcycle crash claims.

FREQUENTLY ASKED QUESTIONS

Q: Must I Always Wear a Helmet on a Motorcycle?

A: Yes! Helmet laws are designed to help protect motorcyclists from severe head injuries. Georgia law says that every motorcycle driver and passenger must wear an appropriate helmet (one that is in compliance with Department of Transportation standards under the Federal Motor Safety Vehicle Safety Standard).

Q: If I Didn’t Wear a Helmet During My Accident, Can I Still Sue the At-Fault Driver?

A: The short answer is “yes.” You can still file a claim for damages if the other driver’s negligence or carelessness caused the accident, even if you were not wearing a motorcycle helmet when the accident occurred. However, the amount of damages you may be able to receive will likely be reduced if your injuries could have been prevented or mitigated by wearing an appropriate helmet. Your motorcycle accident attorney can help you understand the potential value of your claim in this situation.

Q: Is It Legal to Lane Split in Georgia?

A: Lane splitting, also sometimes called “white-lining” or “lane sharing,” is a term used when a motorcycle driver rides between lines of stopped or slow-moving traffic on the road. While legal in certain places, lane splitting is not a legal practice in the state of Georgia. Two motorcycles may, however, ride side-by-side in the same lane. If your injury accident occurred while you were lane splitting, the amount of damages you may be entitled to receive will likely be reduced in proportion to your liability for illegally driving between the lanes.

Q: Can Someone Sue a Motorcycle Passenger?

A: If you were injured in a motorcycle accident, you have the right to claim compensation from any party who acted negligently, recklessly, or carelessly, and whose actions caused or contributed to the injury accident. Sometimes, motorcycle passengers are at fault. For example, a passenger whose horseplay distracts the driver, or whose physical interference impairs the driver’s ability to operate the motorcycle could result in an accident. Talk to your motorcycle crash lawyer who can help you evaluate your rights for obtaining compensation for your losses.

Q: The Driver Who Hit Me Had No Insurance. What Insurance Options Do I Have?

A: Although Georgia law requires drivers to carry adequate auto insurance, there are still uninsured and underinsured drivers on Georgia roadways. If you were injured in a motorcycle accident and learn that the responsible party didn’t have insurance coverage, you may be able to recover compensation from your own auto insurance policy. You may also be able to file a lawsuit against the responsible party, although it may be challenging to recover damages from an uninsured driver, as they may not have the wherewithal to pay the claim. Consult with an experienced personal injury attorney who can help you understand your options.

Q: Could Others Besides the Driver Be Liable for My Motorcycle Accident?

A: Your motorcycle crash lawyer will work to identify all parties who bear some liability for the accident. Of course, the other driver is often the primary responsible party. However, there may be other defendants who should be held liable too. For example, if the other driver was operating their vehicle for their job, their employer may have some liability. Motorcycle manufacturers can also be held liable if some defect or malfunction caused or contributed to the accident. Government entities responsible for maintaining roadways can also be named defendants in some motorcycle accident claims, if their failure to mitigate road hazards contributed to the wreck.

Q: Do I Need Expert Witnesses to Support My Case?

A: Establishing liability for injuries sustained in a motorcycle accident is critical, in order for victims to recover damages for their losses. Sometimes, expert witness testimony can play a key role in proving liability. An expert can testify as to the circumstances that led to a motorcycle accident and conclusively tie a victim’s injuries to the accident. Medical experts can also be invaluable in supporting claims for anticipated future medical expenses. Your legal team will determine whether an expert witness could help support your claim. If so, the law firm will search for competent, qualified, credible experts.

Q: What’s the Deadline to File a Claim for a Motorcycle Accident Injury?

A: Georgia has a statute of limitations for victims to recover damages after personal injury accidents. In general, motorcycle accident claims must be filed no later than two years from the date of the accident. While two years sounds like a long time, it is important to talk to a skilled motorcycle accident lawyer as soon as you are able to do so. Investigating accidents and gathering evidence is usually significantly easiest in the weeks and months immediately following the accident. In other words, waiting too long to seek legal representation could inadvertently weaken your claim.

Q: How Can I Determine the Value of My Motorcycle Accident Claim?

A: Several variables go into the overall value of your motorcycle accident claim. Your attorney will work to calculate an appropriate value that includes your medical expenses (already incurred as well as anticipated future expenses related to the accident), lost income, property damage, and other financial losses. Your claim may also include amounts designed to compensate you for pain and suffering, reduced quality of life, mental anguish, loss of companionship, disfigurement, and other noneconomic damages.

The aftermath of a motorcycle crash can be confusing. At Van Sant Law, we’re here to provide the support and guidance you need. If you have additional questions, contact us today.