Atlanta Motorcycle Accident Lawyer Near Me | Atlanta Lawyer

H: 6 STEPS TO TAKE AFTER A MOTORCYCLE ACCIDENT

STEP 1:  CALL 911 IMMEDIATELY
If you have been involved in a motorcycle crash, call 911 right away. If possible, wait in a safe location for emergency responders to arrive.

STEP 2: SEEK MEDICAL ATTENTION
Seek medical care on the accident scene if necessary. Even if you do not initially appear to be injured, be sure to see your doctor as soon as possible. Some injuries become evident later on, so it is important to get checked out even if you do not think you are hurt.

STEP 3: AVOID SPEAKING ABOUT CASE OR ADMITTING FAULT
Do not discuss your injury or share details about your accident claim. Stay off of social media and do not make a statement to the insurance company without first speaking to an Atlanta motorcycle accident lawyer.

STEP 4: GATHER EVIDENCE AND DOCUMENTATION
Take photos of your injuries and the accident scene. Also, retain all medical documents related to your accident, such as hospital bills, medical records, etc. This evidence, as well as police reports and eyewitness statements, will be used to strengthen your accident claim.

STEP 5: BE TIMELY AND KNOW THE STATUTE OF LIMITATIONS
After your motorcycle crash, do not wait to pursue legal action. Keep in mind that the statute of limitations is two years here in the Peach State, meaning that you must file your accident claim within two years of your motorcycle crash.

STEP 6: HIRE AN ATLANTA ATTORNEY FOR LEGAL REPRESENTATION
Entrust your case to an Atlanta motorcycle accident lawyer. While it is possible to proceed without legal representation, keep in mind that the legal system can be very difficult to navigate. For maximum compensation for accident injuries, trust Ross Moore Law.

DO I REALLY NEED A LAWYER AFTER A MOTORCYCLE ACCIDENT, EVEN IF CRASH IS MINOR?

While you are not legally required to have legal representation, it is highly recommended. The legal system is notoriously difficult to navigate, especially if you have no experience doing so. An experienced Atlanta motorcycle accident lawyer can help with the following to maximize the compensation you receive:

• Investigating your motorcycle crash
• Gathering evidence to support your claim and prove liability
• Finding and interviewing eyewitnesses
• Communicating with the insurance company
• Negotiating a fair settlement
• Taking your case to court, if needed

Statistics show that injury victims who hire a qualified motorcycle accident lawyer receive larger settlements (on average) than those who handle their own claims.

COMMON CAUSES OF A MOTORCYCLE CRASH

Motorcycle accidents are most often caused by the negligence of other drivers. Many drivers have what we call a “motorcyclist blind spot,” meaning that they do not register the presence of a motorcycle and regularly miscalculate their speed.

Motorcycle accidents are commonly caused by the following:

• Distracted Drivers: Even though most people understand that this is a very dangerous practice, a large percentage of motorists admit to having sent a text message while behind the wheel. Texting while driving and engaging in other distracting activities behind the wheel is especially hazardous for motorcyclists. When a driver sends a text, they might drift out of their lane, and may not see a motorcycle who enters their blind spot.
• Drunk Drivers: In spite of several decades of high-profile public awareness campaigns, far too many individuals make the horrible and often fateful decision to drive after having too much to drink. Drunk driving impairs a motorist’s physical and cognitive abilities, greatly increasing the likelihood of an accident.
• Reckless Drivers: In today’s society, people seem to perpetually be in a hurry. This makes aggressive and reckless driving increasingly common. Excessive speeding, running stop signs and stop lights, refusing to yield the right-of-way, illegal or dangerous passing maneuvers, and similar behaviors put everyone on the road in danger.
• Drowsy Drivers: A surprising number of motorists drive without getting adequate sleep. Drowsy or fatigued driving can cause a driver to fall asleep at the wheel, which may have catastrophic consequences. In many cases, drivers do not know the point at which they are too sleepy to get behind the wheel. Even if they do not fall asleep, a tired and fatigued driver is not alert and can often miss important details on the roadway.
• Defective Vehicle Parts: Some motorcycle accidents occur due to a defective vehicle or vehicle part that breaks down in the wrong place at the wrong time. When this happens, it may be possible to bring a product liability claim against the manufacturer, supplier, or distributor of the faulty product.
• Poor Road Conditions: Dangerous road conditions are a contributing factor to many motorcycle accidents. If this is the case, the party responsible for maintaining the roads could be held liable for the motorcycle crash.

COMMON MOTORCYCLE CRASH INJURIES

A motorcycle crash may result in catastrophic injuries, such as:

• Traumatic Brain Injuries
• Spinal Cord Injuries
• Severe Fractures/Broken Bones
• Amputations/Loss of Limbs
• Severe Burn Injuries
• Paralysis
• Wrongful Death

If you are injured in a motorcycle accident, it is crucial to have aggressive legal representation on your side as you pursue the damages you deserve.

GEORGIA STATUTE OF LIMITATIONS FOR MOTORCYCLE ACCIDENTS

2 YEARS

The statute of limitations here in Georgia is two years, meaning that accident victims have up to two years from the date of their car crash to file an accident claim. If you fail to file within that time period, your case will most likely be dismissed.

An exception exists if a fatal accident victim’s family would like to file a wrongful death claim. In this case, they would have up to 2 years after the date of the victim’s death to file a lawsuit.

WHAT DAMAGES CAN I RECOVER AFTER A MOTORCYCLE CRASH?

When someone is injured in a motorcycle crash, they are entitled to damages for a wide range of losses. Compensatory damages can be grouped into two general categories:

• Economic Damages: These are damages for direct monetary losses that the victim incurred because of the accident. Examples of economic damages may include medical bills, lost wages, loss of earning capacity, property damage, and funeral and burial costs (in the case of a wrongful death).
• Non-economic Damages: These are damages for losses that are real but more intangible and difficult to assign a dollar amount to. Non-economic losses may include the physical pain and suffering endured, emotional distress and anxiety, loss of the ability to participate in activities once enjoyed, and the loss of comfort, care, guidance, and support for loved ones when someone is killed in a motorcycle accident.

In more limited cases when there is clear and convincing evidence that the actions of the party (or parties) responsible for the accident were intentional, malicious, or grossly negligent, punitive damages may also be awarded. These are also known as exemplary damages, and are meant to punish the wrongdoer for their conduct and help discourage similar behaviors in the future.

In Georgia, punitive damages are capped at $250,000 in most cases. There are exceptions to this rule, however. Damage caps may not exist in cases of product liability – or if a defendant was driving under the influence or acted with specific intent to harm.

Georgia uses a modified form of comparative negligence for personal injury claims. Under this standard, an injured party can still recover monetary damages as long as they were no more than 49% at fault for the motorcycle crash. However, any damages that they are entitled to are reduced in proportion to the percentage of fault they share. For example, if you suffered $200,000 in damages and you were 20% at fault, your damage award would be reduced by $40,000 to a total of $160,000.

WHAT TO DO IF A MOTORCYCLE ACCIDENT RESULTED IN WRONGFUL DEATH

If a motorcycle crash results in a fatality, the victim’s surviving family members are entitled to compensation for the loss of their loved one under the Georgia Wrongful Death Act. To receive damages in a wrongful death lawsuit, the following must be proven:

• The defendant’s actions caused the motorcycle crash.
• The defendant acted negligently.
• There is a surviving spouse, child, parent, or personal representative of the victim’s estate.
• The victim’s wrongful death incurred monetary damages.

Here at Ross Moore Law, our team has experience handling wrongful death cases – and we will fight for justice on your loved one’s behalf. We will also provide support and much-needed legal advice while you grieve your loss.

MOTORCYCLE SAFETY: TIPS FOR AVOIDING A MOTORCYCLE ACCIDENT

Our Atlanta motorcycle accident lawyers recommend the following:

• Always wear a helmet and other protective gear, such as a jacket, long pants, gloves, and boots.
• Obey the speed limit.
• Never drink and drive.
• Drive defensively at all times.
• Keep your motorcycle properly maintained.
• Take a safety course to brush up on the rules of the road.

MOTORCYCLE SAFETY: UNDERSTAND GEORGIA MOTORCYCLE LAWS

Motorcyclists have the same rights as other drivers. While their vehicles are smaller, they control a single lane – just like other cars on the road. Here in the Peach State, there are additional safety regulations in place to prevent motorcycle crashes. Motorcyclists must do the following:

• Get a Class M motorcycle license.
• Wear a Department of Transportation (DOT)-approved motorcycle safety helmet.
• Make sure their motorcycle has properly functioning headlights, brake lights, and turn signals.
• Avoid lane-splitting.

Georgia Mandatory Motorcycle Helmet Law

Our state’s first mandatory motorcycle helmet law went into effect in 1969 and is still enforced today. While other states only require helmets for drivers under a certain age, all Georgia motorcyclists are required to wear a helmet.

Age Restrictions and Licensing

Motorcyclists must be at least 16 years old and have successfully passed a Georgia motorcycle license test. They must possess a valid Class M designation on their license. Plus, all motorcyclists must pass an eye exam. Georgia law also requires all motorcycles to be registered with the state – but a title is not necessary.

The Dangers of Lane Splitting

Lane splitting, defined as sharing a lane with a car or driving between two cars to pass them, is illegal. Motorcyclists are allowed to ride two abreast in a lane, however, as long as the lane is large enough to safely accommodate them. Motorcycles must also ride with their headlights and taillights on at all times.

General Riding Laws

Regulations require the motorcyclist to sit astride the seat, facing forward, with one leg on either side of the bike. They may not carry anything that prevents them from keeping both hands on the handlebars. Statutes also mandate that all motorcyclists must wear proper footwear when operating their motorcycle. A passenger may only ride along if the motorcycle is specifically designed to carry a passenger.

FAQS | COMMON ATLANTA MOTORCYCLE ACCIDENT QUESTIONS

What will my motorcycle accident lawyer do?

Hiring an experienced Atlanta motorcycle accident lawyer will help maximize the compensation you receive. To strengthen your case, your lawyer will do the following:

• Investigate the accident scene
• Analyze the police report and medical records
• Photograph the scene and preserve relevant evidence
• Investigate the other driver’s driving history
• Communicate with witnesses
• Hire expert witnesses if needed
• Manage communication with the insurance company

Does Georgia law require motorcyclists to wear a helmet?

Yes, all motorcyclists in the state of Georgia are required to wear a helmet. According to the Commissioner of Public Safety, motorcycle helmets must meet Department of Transportation helmet standards.

What do I do after a minor motorcycle accident?

Be sure to follow these steps after a motorcycle crash, even if injuries and damage is minimal:

1. Call 911 to report the accident.
2. If possible, move yourself and your bike to a safe location away from traffic.
3. Never leave the accident scene. Wait for the police to arrive.
4. Check to see if you are injured and seek medical treatment.
5. Take photos of injuries and vehicle damage.
6. Never admit fault or give an official statement to the insurance company.
7. Exchange information with the other driver and any witnesses present.
8. Determine if your bike is fit to ride.
9. Consult an Atlanta motorcycle accident lawyer and seek legal advice on how to move forward.

Can a motorcycle accident change your personality?

In severe cases, yes. Traumatic brain injuries have been linked to personality changes, sometimes causing uncharacteristically aggressive behavior or a lack of inhibition.

Can whiplash after a motorcycle accident change your personality?

Although it is rare, whiplash may cause personality changes such as anxiety or depression. Some motorcycle crash victims develop PTSD or other conditions in response to the pain resulting from their accident.

Is there a difference between a motorcycle accident vs car accident case?

The most notable difference between the two is the severity of injuries. Because motorcyclists are exposed when riding, they often suffer more severe injuries – from both the impact of the vehicle and the pavement when falling.

Unfortunately, there is also an unfair bias against motorcyclists. Many drivers view them as reckless risk-takers – and some juries and insurance companies do too. This often influences the amount of compensation recovered.

Should I talk to the insurance company after a motorcycle crash?

Not without first speaking to an Atlanta accident lawyer. The at-fault driver’s insurance adjuster will likely get in touch soon after the crash, and while they may seem friendly, remember that they are NOT on your side. Do not give any information, because any statement you make could be used against you. Instead, let Ross Moore Law handle the insurance company, so you can focus on healing from your accident injuries.

Can I file a motorcycle accident claim if someone hit me and I wasn’t wearing a helmet?

Because Georgia law requires all motorcyclists to wear a helmet, if you suffered accident injuries from not wearing one, the defendant will likely request that your claim is dismissed because you violated the law. If this is the case, consult a trusted Atlanta accident attorney to learn more about your options.

Will I be able to recover if I was partly at fault in a motorcycle accident?

Yes, you are still eligible for compensation even if you were partly to blame for causing the motorcycle crash. The rules surrounding fault can get complicated, so be sure to seek legal advice from a trusted accident attorney. But keep in mind that the more safety precautions a motorcyclist takes, the more compensation they will likely receive in the event of a wreck.

Can I file a claim if I was a passenger in a motorcycle crash?

Yes, motorcycle passengers have the same right to file a claim as a car’s passenger. The damages received depend on who was at fault, however. To learn more, schedule a free consultation today!

What if the motorcycle accident was caused by poor road conditions?

If unsafe road conditions were to blame for your motorcycle crash, the government entity responsible for maintaining them could be held liable. The company that designed the road may also be to blame. Because these types of claims are very difficult to file, it is best to hire an experienced Atlanta motorcycle accident lawyer.

What is a major factor in motorcycle accidents?

Failure to yield and speeding are the top causes of motorcycle crashes.

Discover More Motorcycle Accident Questions

Ross Moore Law Accident Case Results

$150,000 | CAR ACCIDENT

Client suffered injuries when an at-fault client pulled out in front of him. His injuries were all soft tissue, but he suffered a rupture of his diverticulitis causing a severe bladder infection resulting in emergency surgery. All available insurance was recovered.

$100,000 | CAR ACCIDENT

Disputed liability case where the at-fault driver turned left in front of the client. The at-fault driver was towing a boat behind his truck. Client suffered soft tissue injuries and was treated with an orthopedist who performed radiofrequency ablations on her nerves to limit the pain she suffered in her back.

 $50,601 | MOTORCYCLE ACCIDENT

 Client suffered soft tissue injuries when the at-fault driver changed lanes into the client as client drove his motorcycle. Scarring resulted due to the roadrash.

Learn More on Ross Moore Case Results

BLOG | DISCOVER MORE ON PERSONAL INJURY TOPICS

Looking for more information about personal injury cases in Georgia? Our Atlanta attorney answers common questions in our latest personal injury blog articles:

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Low Impact Car Accidents Can Still Cause High Levels of Injuries

Signs You Had a Brain Injury in a Car Wreck

Six Things To Remember When in A Car Accident In Georgia

The Tricks of Insurance Adjusters

Understanding Policy Limits & Personal Injury Claims in Georgia

What are the Most Common Causes of Auto Accidents?

Who is At Fault for a Multi-Car Accident?

What Percentage of Car Accidents Are Caused by Human Error?

Learn More on Personal Injury Topics

Other Practice Areas: 

Car Accident

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Boating Accident

Catastrophic Injury 

Wrongful Death

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ABOUT ATLANTA, GEORGIA

Founded in 1837, our beautiful city boasts a rich history and a diverse culture – like none other you’ll find in the South! Atlanta has overcome various challenges through the years, starting with its rebuilding after being burned to the ground by General Sherman in 1864. The phoenix remains the city’s symbol, an appropriate representation of our residents’ strength – and loyalty to the city we love.

Atlanta was named the capital shortly after in 1868, the fifth city to earn the title. It is still the capital today, with over half a million residents calling it home. Our bustling city also played a major role in the Civil Rights Movement, with inspiring leaders doing whatever it took to pursue progress. Atlanta continues to embrace diversity today, encouraging a unique arts and culture scene. Atlanta residents can also claim “the world’s busiest airport,” with Hartsfield-Jackson Atlanta International Airport serving as a major travel hub. Our beautiful city is truly one of a kind, and our Atlanta accident attorneys couldn’t be prouder to serve its residents!

TRUSTED RESOURCES IN THE ATLANTA AREA – FULTON COUNTY:

If injured in Atlanta, you’re in good hands. Atlanta, GA offers some of the best medical professionals to support you back to good health. Plus, we offer a diverse legal system and investigators ready to protect you in Fulton County. Plus, their diligence only strengthens your legal case.

Here are some helpful resources for accident injury victims in Atlanta, GA:

Atlanta Hospitals

Children’s Healthcare of Atlanta – Egleston Hospital
1405 Clifton Rd NE, Atlanta, GA 30322

East Point VA Clinic
1513 Cleveland Ave #300, Atlanta, GA 30344

Emory University Hospital Midtown
550 Peachtree St NE, Atlanta, GA 30308

Grady Health System
80 Jesse Hill Jr Dr SE, Atlanta, GA 30303

Northside Hospital Atlanta
1000 Johnson Ferry Rd NE, Atlanta, GA 30342

Piedmont Atlanta
1968 Peachtree Rd NW, Atlanta, GA 30309

Select Specialty Hospital – South Atlanta Medical Center
1170 Cleveland Avenue 4th Floor, Atlanta, East Point, GA 30344

Wellstar Atlanta Medical Center
303 Parkway Dr NE, Atlanta, GA 30312

Wellstar Atlanta Medical Center South
1170 Cleveland Ave, Atlanta, GA 30344

Atlanta Police Stations/Departments

Atlanta Police Department Headquarters
226 Peachtree St, Atlanta, Georgia 30303

Atlanta Police Department Zone 1
2315 Donald Lee Hollowell Pkwy NW, Atlanta, GA 30318

Atlanta Police Department Zone 2
3120 Maple Dr NE #300, Atlanta, GA 30305

Atlanta Police Department Zone 3
880 Cherokee Ave SE, Atlanta, GA 30315

Atlanta Police Department Zone 4
1125 Cascade Cir SW, Atlanta, GA 30311

Atlanta Police Department Zone 5
200 Ted Turner Dr NW, Atlanta, GA 30303

Atlanta Police Department Zone 6
2025 Hosea L Williams Dr NE, Atlanta, GA 30317

Atlanta Courthouses

Atlanta City Court
150 Garnett St SW, Atlanta, GA 30303

Fulton County Civil Court
185 Central Ave SW, Atlanta, GA 30303

Fulton County Courthouse
136 Pryor St SW, Atlanta, GA 30303

Magistrate Court of Fulton County
185 Central Ave SW, Atlanta, GA 30303

Municipal Court of Atlanta
150 Garnett St SW, Atlanta, GA 30303

Supreme Court Clerk
244 Washington St SW UNIT -5, Atlanta, GA 30334

Superior Court

2 M.L.K. Jr Dr SE, Atlanta, GA 30334