Georgia Motorcycle Accident Lawyer
Motorcycles are fast, fun, and fuel-efficient, making them a great way to get around Atlanta’s roads and Georgia’s highways. Unfortunately, motorcycles also carry a much higher risk of serious accidents than other types of vehicles. When collisions happen, it is often the other driver’s fault. This means they can usually be held liable for your injuries, property damage, and other losses.
If you have been injured in a motorcycle accident, or if your loved one has been fatally or catastrophically wounded, the experienced Georgia motorcycle accident lawyers at Scholle Law are here to help. Our attorneys know how fun motorcycles are – and we also understand the dismissive attitude other drivers often take toward bikers.
We have represented motorcycle injury victims for over 25 years, and our results speak for themselves. Give us a call at (678) 324-9872 or contact us online for a free, no-obligation consultation with a motorcycle accident lawyer near you today.
Have you or a loved one been injured in a motorcycle accident?
Common Motorcycle Injuries and Their Long-Term Impact
Motorcyclists are 29 times more likely than drivers to be killed in an accident and four times more likely to be injured, according to the National Highway Traffic Safety Administration (NHTSA). In fact, motorcyclists account for about 15 percent of all traffic fatalities in 2019.
Because riding a motorcycle does not afford the same kind of protection as driving or riding in an enclosed vehicle, motorcyclists may suffer a wide range of injuries resulting from an accident, many of them serious or life-threatening.
The most common types of injuries motorcyclists may suffer in an accident include:
Traumatic Brain Injury
Motorcycle accidents are a leading cause of traumatic brain injuries (TBI), ranging from concussions to severe hemorrhaging and permanent brain damage. Wearing a helmet reduces this risk significantly, but does not completely eliminate it.
Road Rash
Road rash refers to the severe abrasions and friction burns a fallen motorcyclist often suffers while skidding across asphalt or dirt. While “rash” makes this injury seem minor, road rash can have serious consequences, such as infections and, in severe cases, the need for skin grafts.
Broken Bones
Motorcycle accidents frequently cause fractures in the arms, legs, collarbones, hips, and other bones of the body.
Internal Injuries
The severe impact of a motorcycle crash can cause damage to internal organs as well. These injuries may not be apparent at first, but they can be serious or fatal if unattended. As such, you should always get checked by a physician after an accident, even if you feel okay.
Neck and Back Injuries
The impact of a motorcycle accident can also cause serious injuries to the neck, back, and spinal cord. This includes alignment problems, ruptured discs, fractures, and even temporary or permanent nerve damage.
Contusions
Even in places where the skin is not broken, you may suffer contusions (bruises) throughout your body – places under the skin where the blood vessels break, causing painful “black-and-blue” marks.
Soft Tissue Damage
Soft tissue refers to muscles, ligaments, tendons, and other connective tissues throughout the body. After a motorcycle accident, these injuries can range from minor tendonitis to torn ligaments and muscles.
Have you or a loved one been injured in a motorcycle accident?
Common Causes of Motorcycle Accidents in Georgia
Motorcycle accidents can occur due to a wide range of causes and factors, many of which constitute negligence on the part of the other driver. The most common causes of motorcycle accidents include:
Rear-End Motorcycle Accident
One of the most common scenarios for a motorcycle accident occurs when a vehicle driver hits the motorcyclist from behind. Quite often, this happens when the other vehicle is speeding or following too closely. Motorcycles can come to a complete stop very quickly, while larger vehicles require more time and a greater stopping distance.
Rear-end motorcycle accidents can be very dangerous for the cyclist because it is nearly impossible for the cyclist to maintain control of the motorcycle once hit from behind.
Distracted Driving
Distracted driving has become one of the main causes of accidents over the past decade. When a driver texts, emails, or talks on the phone while driving, it has the same effect as driving under the influence. Drivers may also be distracted by other passengers, reaching for a dropped object, or fiddling with the radio.
About 3,000 people a year die in distracted driving accidents, and motorcyclists can be particularly susceptible to injury or death when other motorists are driving while distracted.
Poor Road Conditions
Less-than-optimal road conditions can be a recipe for disaster for motorcyclists. Wet or icy conditions reduce the friction of the tires on the road and make it easier to disrupt the biker’s balance. Likewise, these conditions can also cause other motorists to skid and possibly plow into the motorcyclists.
Potholes, debris, and loose gravel can also cause cyclists and other motorists to lose control of their vehicles. Poor visibility due to fog can be deadly for a motorcyclist if other drivers cannot see them.
Cutting Off
Motorists who are in a hurry or just being careless sometimes “cut off” other drivers, making a quick lane change or unexpected turn that forces the other driver to hit the brakes quickly or make evasive maneuvers to avoid a collision.
When a motorcyclist is cut off in this way, it can be extremely dangerous, not only because of the danger of the cyclist hitting the vehicle but also because any quick maneuvers could throw the motorcyclist off balance and cause them to skid out of control.
Blind Spots
Every vehicle has “blind spots” – areas in the field of vision where the driver’s vision is partially obstructed. Some vehicles are now equipped with safety features to warn a motorist of blind spot activity, but not all. If a driver changes lanes without double-checking their blind spots, they could hit a motorcyclist who happens to be in that spot.
Driving Under the Influence
When a motorist drives under the influence of alcohol or drugs, that driver’s perception and cognitive abilities are both impaired. It also affects their ability to make reasonable decisions. When drunk drivers get around motorcyclists, things frequently do not end well.
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Know Your Legal Rights After a Georgia Motorcycle Accident
Motorcycle accidents can be devastating, both physically and emotionally. When you’re involved in such an incident, it’s essential to know your legal rights. This knowledge can empower you to take the necessary steps to protect yourself and seek the compensation you deserve.
1. The Right to File a Personal Injury Claim
One of the primary rights you have after a motorcycle accident is the ability to file a personal injury claim. This claim allows you to seek compensation for medical expenses, lost wages, pain and suffering, and other damages you may have incurred as a result of the accident. The process of filing a “motorcycle accident claim” can be complex, which is why it’s crucial to consult with an experienced motorcycle accident lawyer to guide you through the process.
2. The Right to Representation by a Motorcycle Accident Attorney
After a motorcycle accident, you have the right to seek representation from a “motorcycle accident attorney.” These professionals specialize in understanding the nuances of motorcycle accident claims and can provide invaluable assistance in building a strong case. They can help gather evidence, negotiate with insurance companies, and represent you in court if necessary.
3. The Right to Compensation
If another party’s negligence caused your motorcycle accident, you have the right to seek compensation. This can cover medical bills, rehabilitation costs, lost income, and even non-economic damages like pain and suffering. An “experienced motorcycle accident lawyer” like those at Scholle Law can help you determine the full extent of your damages and ensure you receive the compensation you deserve.
4. The Right to Not Speak with the Other Party’s Insurance Company
After a motorcycle accident, you might be approached by the other party’s “insurance company” seeking a statement or trying to settle the claim quickly. Remember, you have the right to decline speaking with them without your motorcycle accident attorney present. Often, these insurance companies aim to minimize payouts, so having your lawyer handle communications can protect your interests.
5. The Right to a Fair Trial
If your motorcycle accident claim cannot be settled out of court, you have the right to a fair trial. This means presenting your case before a judge or jury, with the assistance of your motorcycle accident lawyer, to determine the compensation you’re entitled to.
6. The Right to Seek Punitive Damages
In some cases, the behavior of the at-fault party in a motorcycle accident might be so egregious that you can seek punitive damages. These are awarded not just to compensate the victim but to punish the wrongdoer and deter similar behavior in the future.
7. The Right to Repair or Replacement of Your Motorcycle
Apart from injuries, a motorcycle accident can result in significant damage to your vehicle. You have the right to seek compensation for repairs or the replacement value of your motorcycle.
8. The Right to Privacy
Your medical records, rehabilitation details, and other personal information related to the motorcycle accident are private. Only parties with a legitimate interest, like your “motorcycle accident lawyers” or the court, should access them.
9. The Right to Appeal
If you’re unsatisfied with the outcome of your motorcycle accident claim or trial, you have the right to appeal the decision. An appeal can be a complex process, and having a knowledgeable motorcycle accident attorney by your side can be invaluable.
10. The Right to Legal Counsel at No Upfront Cost
Many motorcycle accident lawyers, including those at Scholle Law, operate on a contingency fee basis. This means you don’t pay any legal fees unless you win your case. It ensures that everyone, regardless of their financial situation, has access to quality legal representation.
Understanding your rights after a motorcycle accident is crucial. From filing a personal injury claim to seeking representation from a qualified motorcycle accident attorney, knowing these rights can make a significant difference in the outcome of your case. If you or a loved one has been involved in a motorcycle accident, consult with an experienced motorcycle accident lawyer to ensure your rights are protected and you receive the compensation you deserve. Remember, firms like Scholle Law are here to support and guide you every step of the way.
How a Georgia Motorcycle Accident Lawyer Can Help Your Case
Motorcycle accident claims can be complex, especially when insurance companies try to blame the rider. A skilled Georgia motorcycle accident lawyer can help by:
1. Investigating the Accident and Proving Fault
Your attorney will gather crucial evidence, including:
- Police reports.
- Witness statements.
- Traffic camera footage.
- Medical records.
- Expert testimony from accident reconstruction specialists.
2. Handling Insurance Companies
Insurance adjusters often try to reduce payouts by arguing that motorcyclists take on an inherent risk. Your lawyer will negotiate aggressively to ensure you receive a fair settlement.
3. Calculating the True Value of Your Claim
Many riders underestimate the long-term costs of their injuries. An attorney will account for:
- Future medical treatments.
- Lost earning potential.
- Ongoing rehabilitation costs.
4. Filing a Lawsuit if Necessary
If the insurance company refuses to offer fair compensation, your attorney will take the case to court, where juries often award higher settlements to motorcycle crash victims.
With an experienced Georgia motorcycle accident lawyer on your side, you won’t have to face this battle alone. We handle the legal work while you focus on healing.
What Compensation Can You Recover in a Motorcycle Accident Case?
Motorcycle accident victims may be entitled to substantial compensation to cover both financial and emotional losses.
Economic Damages (Financial Losses)
These cover out-of-pocket expenses related to your injury, including:
- Medical expenses (ER visits, surgeries, rehab, medication).
- Lost wages (if your injuries prevent you from working).
- Future loss of earnings (if you suffer a permanent disability).
- Property damage (repairs or replacement of your motorcycle).
Non-Economic Damages (Pain & Suffering)
Compensation for intangible losses, such as:
- Pain and suffering (chronic pain, long-term discomfort).
- Emotional distress (PTSD, anxiety, depression).
- Loss of enjoyment of life (if injuries prevent you from riding or engaging in hobbies).
- Disfigurement or permanent disability (scarring, paralysis, amputation).
Punitive Damages (If the Other Driver Was Grossly Negligent)
If the at-fault party was driving under the influence, excessively speeding, or engaging in reckless behavior, punitive damages may be awarded to punish their actions and deter similar behavior.
At Scholle Law, we fight for the maximum compensation possible—because motorcycle accident victims deserve justice, financial security, and peace of mind as they recover.
Who Can Be Held Liable for a Motorcycle Accident in Georgia?
Determining who is responsible for a motorcycle accident is a critical step in seeking compensation. Liability depends on the specific cause of the crash, and in many cases, more than one party may be responsible.
Negligent Drivers
The most common cause of motorcycle accidents is another driver’s negligence. Drivers who:
- Fail to yield to motorcycles.
- Change lanes without checking blind spots.
- Drive distracted, impaired, or recklessly.
Can all be held liable if their actions cause a collision.
Government Entities (Poor Road Conditions)
State and local governments are responsible for maintaining safe roads. If a crash is caused by potholes, lack of signage, or road debris, the agency responsible for road maintenance may be held accountable.
Motorcycle and Auto Manufacturers
If a defective motorcycle part (such as faulty brakes or tire blowouts) leads to an accident, the manufacturer could be held liable under product liability laws.
Other Motorcyclists
In some cases, another motorcyclist’s reckless behavior—such as aggressive riding, weaving through traffic, or braking suddenly—can contribute to an accident. They may be held partially or fully responsible.
Georgia follows a modified comparative negligence rule, meaning even if you are partially at fault, you can still recover compensation as long as you are less than 50% responsible for the accident. An experienced attorney can help determine who is at fault and build a strong case for maximum compensation.
The Legal Process After a Georgia Motorcycle Accident
The aftermath of a motorcycle accident can be overwhelming. Between medical expenses, vehicle repairs, and lost wages, victims often find themselves unsure of what steps to take next. Navigating Georgia’s legal system can be complex, but understanding your rights and options can make all the difference in securing fair compensation and justice.
Below is an overview of what to expect when pursuing a motorcycle accident claim in Georgia.
1. Reporting the Accident and Gathering Evidence
Immediately after a motorcycle accident, it’s imperative to report the incident to the local police. This official documentation serves as a foundational piece of evidence for any subsequent “motorcycle accident injury claim” you may file. Be sure to:
The more evidence you collect early on, the stronger your case will be when negotiating with insurance companies or presenting your claim in court.
2. Consulting a Georgia Motorcycle Accident Lawyer
While it’s possible to navigate the aftermath of a motorcycle accident independently, the complexities of Georgia’s legal system make it advisable to consult a “motorcycle accident attorney.” Such professionals can offer insights specific to Georgia’s laws, ensuring you’re well-equipped to pursue your case. Another option is to seek guidance from “Georgia motorcycle accident attorneys” who are well-versed in local regulations and nuances.
3. Understanding the Compensation You May Be Entitled To
Georgia law entitles motorcycle accident victims to compensation for various damages. Beyond “medical bills” and “lost wages,” you can claim compensation for emotional distress, pain and suffering, and in some cases, punitive damages meant to penalize egregiously negligent parties.
4. Dealing with Insurance Companies
Interactions with “insurance companies” can be daunting. Their goal is to settle for as little as possible—or deny your claim altogether. Common tactics include:
Armed with a “motorcycle accident lawyer,” especially one familiar with Georgia’s landscape like Scholle Law, you can ensure that your interests are robustly represented. It’s not uncommon for an “insurance company” to offer a low initial settlement, but with the expertise of a “motorcycle accident attorney,” you can negotiate for a fairer amount.
5. Settlement Negotiations vs. Going to Trial
Many motorcycle accident cases are resolved through settlements, where the at-fault party’s insurance agrees to pay compensation without going to court. Settlements:
However, if settlement negotiations fail, your attorney may recommend filing a motorcycle accident lawsuit. A trial may be necessary if:
While trials can take longer, they often result in higher compensation amounts, especially when juries see the true extent of a victim’s suffering.
6. The Litigation Route
If negotiations falter, filing a “motorcycle accident lawsuit” becomes a viable option. This formal legal action, pursued in Georgia’s courts, seeks to obtain the compensation you rightfully deserve. It’s a step that underscores the importance of having a seasoned attorney by your side.
7. The Role of Expert Witnesses in Motorcycle Accident Cases
In building a robust “motorcycle accident case,” expert testimonies can be invaluable. These can range from accident reconstruction specialists to medical professionals who can attest to the “severe injuries” sustained and their implications. Such “severe injuries” can have long-term consequences, making expert insights crucial.
8. Georgia’s Statute of Limitations – Know Your Deadline
Motorcycle accident victims in Georgia have two years from the date of the crash to file a personal injury lawsuit. Failing to file within this period means you lose your right to seek compensation.
There are some exceptions, but time is critical. The sooner you start the claims process, the better your chances of gathering strong evidence and securing a fair settlement.
9. Post-Trial Motions and Appeals
The end of a trial doesn’t necessarily spell the end of a case. If the outcome is unfavorable, you have the right to file post-trial motions or even appeal the decision, further highlighting the need for adept legal representation.
10. The Emotional and Psychological Dimension
While the physical aftermath of a motorcycle wreck or crash is evident, the emotional and psychological toll can be profound. Georgia law recognizes this, allowing victims to seek compensation for emotional distress and psychological trauma.
The aftermath of a motorcycle accident in Georgia can be a labyrinth of medical, logistical, and lega challenges. However, with a clear understanding of the available legal avenues and the support of a competent “motorcycle accident lawyer,” such as those at Scholle Law, victims can navigate this challenging period with confidence, ensuring that justice is served and rightful compensation secured.
Frequently Asked Questions for Motorcycle Accident Attorneys
How long do I have to file a motorcycle accident lawsuit?
In the State of Georgia, the statute of limitations for filing personal injury claims is two years. In the case of motorcycle accidents, that two-year window begins on the date of the accident itself.
That may seem like plenty of time to file a lawsuit, but bear in mind that motorcycle accidents can be complex cases that require time to gather evidence and documentation in preparation for filing a lawsuit. Not to mention, your medical bills and other out-of-pocket expenses will not wait two years to be paid. That two-year window goes faster than you may think, and once the statute of limitations is up, it is too late to seek compensation.
For that reason, we recommend contacting us as soon as possible after the accident happens to help prepare a solid case and stay well within the window of opportunity for filing the lawsuit.
How much does a motorcycle accident lawyer cost?
At Scholle Law Firm, we understand your motorcycle accident has already been extremely costly, so we believe there should be no up-front fee to hire a motorcycle accident lawyer. The final cost depends on many factors, including how complex your case is, whether we need to go to court, and how long it takes to settle your claim.
However, we never take a fee unless and until we win your case, so you will never have to pay up-front for a motorcycle accident lawyer. Additionally, the amount our clients receive in settlements minus the attorney fees is usually exponentially higher than if they simply accept the insurance company’s first settlement offer. So, in the end, the fee is infinitely worth it.
What if I was partially to blame for my motorcycle accident?
First and foremost, you are not alone. The truth is, there are relatively few personal injury cases involving motorcycles or other vehicles where one party is determined to be one hundred percent at fault.
Part of the process for determining settlements in personal injury cases is to assign fault as a percentage. For example, if you were distracted or speeding when another motorist drifted into your lane and sideswiped you, the other driver might be assigned 80 percent of the fault while you are assigned 20 percent. Scenarios like these are quite common in vehicle injury accident cases.
Second, and this is important: Being partly to blame for your accident does not mean you forfeit your right to receive a settlement. Being assigned a percentage of the fault may prompt the insurance company to negotiate for a reduced settlement based on that percentage, but it does not mean they do not have to pay. Even if you were partially to blame for your accident, that does not necessarily mean you are partially to blame for the injuries you incurred in that accident or that those injuries were not caused by someone else’s negligence.
It’s your attorney’s job to get deep into these details and to fight on your behalf so the insurance company or the defendant can’t play the “blame game” as an excuse to keep from paying you what you deserve.
Bottom line – don’t worry if you believe you were partly responsible for your motorcycle accident. It doesn’t exempt you from getting help and the evidence may show that you aren’t at fault as much you think.
What if a loved one died in a motorcycle accident?
If a family member has died in a motorcycle accident, you may be eligible for compensation through a wrongful death claim. The idea behind a wrongful death claim is to compensate those who relied on the deceased financially or emotionally and who will suffer direct loss as a result of the death.
Georgia law prioritizes who may be eligible to file a wrongful death lawsuit, starting with the spouse of the deceased, who may also file a claim on behalf of any children under 18. If there is no spouse and no children, the parents of the deceased may file the suit. Finally, the deceased’s estate representative may file a wrongful death claim and distribute the settlement among the next-of-kin.
As with personal injury lawsuits, a wrongful death lawsuit may seek economic and non-economic damages, including lost wages and benefits, medical costs, burial expenses, loss of companionship, etc.
Contact a Georgia Motorcycle Accident Lawyer Today
If you have been injured in a motorcycle accident or someone you love has been injured or killed in such an accident, it may be completely obvious to you who is at fault and who should pay. But just because it seems obvious to you, does not mean it will be easy to hold the other party accountable or that you will get the settlement you deserve.
Motorcycle accidents are complex cases that require the expertise of an experienced personal injury lawyer. At Scholle Law, our attorneys have decades of experience helping victims of motorbike accidents get the compensation they deserve.
Give us a call at (678) 324-9872 or contact us online for a free, no-obligation consultation with a Georgia motorcycle accident lawyer near you today.
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OVER 99% OF CASES SETTLED OR TRIED WITH A FAVORABLE VERDICT
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Individual Case Results
MEDICAL MALPRACTICE
$14,000,000
$14 million medical malpractice verdict against anesthesiology providers and their employers in Gwinnett County State Court when a patient lost her sight due to the negligent management of chemicals in the operating room.
CAR ACCIDENT
$5,500,000
Settlement for a Gwinnett County resident who suffered a traumatic brain injury in a T-bone accident, suffering brain damage and multiple fractures.
WRONGFUL DEATH
$14,000,000
Verdict in Fulton County case against a bar for over-serving a patron. Client was family of young woman who was killed after she was hit by multiple vehicles on Interstate 285 in Atlanta
TRUCK ACCIDENT
$625,000
Verdict in Fulton County case against a bar for over-serving a patron. Client was family of young woman who was killed after she was hit by multiple vehicles on Interstate 285 in Atlanta.
MOTORCYCLE ACCIDENT
$225,000
Settlement for a 23 year old Barrow County Resident after being struck by a cargo van while driving his motorcycle. He suffered a severe tibia fracture requiring surgery.
PREMISES LIABILITY
$14,000,000
Plaintiff was injured after she was locked out on her patio and attempted to use the secondary egress ladder to exit the building. The egress ladder was not code compliant because it did not reach the ground and did not have a collapsible extension.
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