Close
Updated:

Risks and Protections for Motorcycle Accidents Under Georgia Law

Motorcycle riders know the feeling of freedom that comes with the open road. No walls or windows—just you, your bike, and the world around you. But that same freedom comes with a price. With no metal cage to shield you, every ride is riskier than hopping into a car. Motorcyclists face dangers that other drivers don’t even think about. Despite these risks, they still deserve the same rights as other drivers and there are laws that protect them if something goes wrong.

The Unique Risks of Motorcycle Accidents in Georgia

Georgia’s roads offer plenty of hazards for motorcyclists. From distracted drivers to treacherous pavement, the odds are not always in a rider’s favor.

Lack of Protection: A motorcyclist’s biggest vulnerability is the absence of a protective frame. Cars and trucks offer a metal shield, airbags, and seatbelts, but motorcyclists only have their gear to rely on. In a crash, riders are often ejected from their bikes, directly exposing them to the pavement or other vehicles.

Visibility Issues: One of the most common reasons for motorcycle accidents? Drivers simply don’t see the bike. Motorcycles are smaller and quicker, making them harder to spot, especially when larger vehicles make sudden lane changes or pull out of intersections without checking twice.

Road Hazards: Potholes, gravel, and uneven surfaces might be mild annoyances to car drivers, but to motorcyclists, they can be deadly. A small patch of gravel or a sudden dip in the road can cause a rider to lose control and crash.

Inadequate Safety Gear: Georgia law requires riders to wear helmets, but other protective gear—like jackets, gloves, and boots—isn’t mandated. Some riders opt for style over safety, leaving them exposed to more severe injuries. A helmet can protect your head, but if your body isn’t covered, you’re in for a world of hurt if you go down.

How Georgia Law Protects Motorcycle Riders

Georgia law provides protections that can help motorcyclists when accidents happen. But these protections require that riders know their rights and act quickly.

Helmet Law: Under Georgia’s universal helmet law (O.C.G.A. § 40-6-315), all motorcyclists must wear a helmet that meets federal safety standards. If you’re not wearing one, it can limit your ability to recover damages—even if the accident wasn’t your fault.

Right to Compensation: Injured riders can seek compensation from the driver who caused the accident. That includes medical bills, lost wages, property damage, and pain and suffering.

Comparative Negligence Rule: Georgia’s modified comparative negligence rule (O.C.G.A. § 51-12-33) allows motorcyclists to recover damages even if they were partially at fault. As long as you’re less than 50% responsible, you can still file a claim—though your compensation will be reduced by your percentage of fault.

Uninsured/Underinsured Motorist Coverage: If the driver who hits you doesn’t have enough insurance, Georgia law requires insurance companies to offer uninsured/underinsured motorist coverage. This can be a lifesaver when the at-fault driver’s coverage doesn’t begin to cover your medical bills.

Protect Your Rights After a Motorcycle Accident

Motorcycle accidents are different from other vehicle crashes. The risks are higher, the injuries are often more severe, and the path to compensation may be an uphill battle. If you’ve been involved in a motorcycle accident, you don’t have to go through these challenges alone. Reach out to Robin Frazer Clark, P.C. at (404) 873-3700 for dedicated legal support to help you secure the compensation you deserve.

Contact Us