Atlanta’s Motorcycle Accident Lawyers

Exceptional Results in Georgia Motorcycle Accident Cases

The Millar Law Firm has achieved exceptional results in Motorcycle accident cases in the Atlanta area, and across Georgia. We have achieved more than 50 policy limits settlements in Motorcycle accident cases, including a number of seven-figure (Million dollar) recoveries. Your motorcycle accident case is serious, don’t trust it to an inexperienced Atlanta law firm.

For a free consultation with an experienced Atlanta, Georgia motorcycle accident attorney call today: 770-400-0000.

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Our Commitment to All Motorcycle Accident Clients

Motorcycle riders are far more likely than other drivers to be involved, and seriously injured, in a collision. Unfortunately, bikers are also far more likely to be falsely blamed for causing the accident than other drivers, or are unfairly treated with bias by insurance company adjusters who view riders as "reckless" or "rebels." You need an experienced personal injury motorcycle accident lawyer to fight back.

As you already know, motorcycle accidents are not just another form of "car accident." Drivers and passengers inside cars and trucks have more protection from injury, and less chance of being thrown from the vehicle. Because of the severe forces of impact, we regularly represent motorcycle riders who have suffered severe head, neck, spinal and leg injuries. The medical bills from such accidents are often huge and a tremendous financial burden on the victim. This is where we are often able to help. In some cases, we are able to recover sufficient funds to pay for past and future medical bills, or find ways to reduce the bills to a more manageable level.

Many Georgia Motorcycle Crashes Are Caused by Careless Drivers

Many motorcycle crashes are caused by drivers of trucks and cars who are simply not looking for motorcycles on the road. A surprising number of drivers run motorcycles off the road, turn in front of them, or sideswipe bikers, because they do not "see" the bike, even though it is plainly visible. These drivers and their insurance companies, however, still try to shift the blame onto the biker, or argue that the damages they caused are not "that bad," because they don't acknowledge the harm that even a low speed collision with a rider can cause.

Frequent causes of motorcycle accidents include: Distracted drivers, speeding and tailgating, intoxicated (DUI) drivers, and failure to yield. Each of these causes can often be proven by prompt and diligent investigation by our legal team and qualified accident reconstruction experts.

How The Millar Law Firm Works With You, On Your Motorcycle Accident Case

Open Lines of Communication: We keep you regularly informed about the status of your accident claim or case, ensuring you’re never in the dark.

Efficiency and Accessibility: Your case is our top priority and we will keep you informed every step of the way. Communication is key and we’ll quickly respond to all your questions and concerns.

Compassion and Understanding: We understand how difficult it is when you’ve been injured in a motorcycle accident. Our legal team has helped many others in your situation and we’ll be here for you.

Thoroughness and Commitment: We go to great lengths to research your case and our goal is to get you the compensation you deserve.

Understanding the Risks

We get it. Opting for a motorcycle over a car transcends mere transportation; it’s a declaration of passion. Riding a motorcycle offers freedom and individualism that you can’t find on four wheels. While this choice carries risks, it does not excuse others who share the road from careless or distracted driving. Should you find yourself a victim of such an incident, the at-fault driver can be held responsible, with the right legal team.

Representing Passengers in Motorcycle Crashes

The Millar Law Firm represents passengers injured in Atlanta and Georgia motorcycle accidents.

If another driver caused the collision or incident that resulted in injury, both the motorcycle driver and his or her passenger may have claims. In some cases it may be possible for our Atlanta law firm to represent both riders, provided there is not a conflict of interest. Our firm will investigate to determine if such a conflict exists and discuss it with you.

If the motorcycle driver caused the crash, it is possible for the passenger to bring a claim or lawsuit against the driver. Negligent motorcycle drivers can be responsible for causing an injury to a passenger, just as a driver of any other vehicle such as a car or truck can be held accountable. Don't let an insurance adjuster make excuses, like "you assumed the risk" of being injured. An experienced motorcycle accident attorney can and should investigate and overcome such excuses, delays or outright failures to pay.

Accident Factors The Millar Law Firm Reviews in Motorcycle Accident Investigation

Visibility Issues: Motorcycles’ smaller size can cause them to be lost in the visual clutter of the road, particularly in dense traffic, making it easy for them to be missed by other drivers.

Limited Protection: Motorcyclists don’t have the protection that car drivers have, leaving them exposed to the trauma of a crash. This dramatically increases the likelihood of serious injuries from an accident.

Greater Challenges: Operating a motorcycle, especially on wet or icy roads, requires greater skill and caution than is needed when driving a car.

Safety Tips For Motorcycle Drivers and Passengers

For dedicated riders, following these safety tips can help to lower the risks:

Helmet First: A helmet is your most crucial piece of safety equipment. It can help to prevent skull fractures and protect your brain.

Gear Up: Wearing gloves, boots, and jackets can safeguard your body from injury if you take a tumble.

Stand Out: Wearing bright and reflective clothing helps to make you visible to other motorists, particularly on dark roads.

Ride Vigilantly: Defensive riding means being aware of your surroundings and anticipating the actions of other drivers. You need to be aware of them in case they aren’t aware of you.

Follow the Rules: Stick to the posted speed limits and follow traffic laws. The freedom of riding a motorcycle also carries the responsibility of following the rules of the road.

If you are in an accident, seek medical attention first. Remember, your health and well-being are the priority and can help to prevent more issues later on.

Why Choose The Millar Law Firm?

An experienced lawyer will not only help you get compensation for your accident, but can help protect you from being taken advantage of by insurance companies. Without a lawyer on your side, insurance adjusters will have the upper hand and may try to take advantage of your lack of legal knowledge and try to dismiss your claim or reduce your compensation. For them, minimizing your payout is not just a matter of savings—it’s a win.

Our Firm has 31 years of experience in handling and investigating motorcycle injury incidents. We have seen dozens of different types of motorycle accidents and understand how to prove your case and get the results you deserve.

Iinsurance company lawyers or adjusters may try to blame you for the accident despite the evidence. Our team will thoroughly investigate the "how's" and "why's" the accident happened, gather the necessary evidence, hire experts when justified, and negotiate with the at-fault driver's insurance company. If a lawsuit is necessary, we will represent you in court.

Do You Need a Lawyer For Your Motorcycle Accident Case?

Insurance companies are in business to invest the premiums that we pay, and have trained their adjusters and defense lawyers to look for ways to minimize the compensation they are willing to pay. Our experienced motorcycle accident lawyers will document and preserve important evidence, like the motorcycle and data from the involved vehicls. We will interview eyewitnesses, identify all possible persons or companies to make a claim against, identify any and all inurance policies that may provide coverage, monitor and document your medical condition, and negotiate with the insurance company on your behalf. We handle all of these things so that you don't have to.

Who Are The Potential Defendants in a Motorcycle crash case?

Naturally the driver who is at-fault is a person against whom a claim may be brought. Most drivers are covered for motorcycle accidents by their motor vehicle insurance policy. The minimum limits in Georgia are set by law (OCGA 33-7-11) at $25,000.00. Some drivers have more insurance than this, while others may illegally not be insured at all. When the at-fault driver is not insured or is under-insured, a rider may also be entitled to recover under a personal policy of UIM insurance, also known as under or "un" insured motorist coverage.

Other persons or companies that may also be responsible to pay after a motorcycle accident include the owner, if they are not the driver, of the vehicle under theories of respondeat superior or negligent entrustment. Relatives of the person who hit you may also have insurance policies that can cover the accident, if they and the driver have policies that cover household residents. Employers of drivers who cause accidents are commonly held accountable, if the driver was working or within the scope of their employment.

Our firm has also successfully pursued claims against manufacturers of motorcycles, equipment and helmets, when the injury was either caused by or made worse by defective equipment.

Three Decades of Experience in Personal Injury Law

The Millar Law Firm has an unwavering commitment to our clients. Unlike other firms that diversify into other areas, we have dedicated over thirty one years to personal injury law.

Additionally, we offer our services on a contingency fee basis, meaning you don’t owe us anything unless we win your case. We also handle property damage claims at no extra cost to you.

Contact us today for a free consultation and we can explore your case to devise a strategy together.

Motorcycle Accident Investigations

As soon as you contact our firm, we begin an investigation into your motorcycle accident, gathering evidence, reviewing reports, and speaking with witnesses. Leveraging our extensive experience, we understand the critical need for thorough investigation—acknowledging that even the smallest oversight could give insurance companies an advantage.

We dedicate time and resources to conducting a detailed examination to build a solid legal case for you.

We Don’t Just Represent You - We’re Your Partners

Our process includes:

• Interviewing witnesses and tracking down any video recordings of the accident.
• Reviewing police reports and any other relevant documentation.
• Collecting your medical records.
• Working with medical professionals to highlight your injuries and the impact they’ve had on your life.
• Taking photographs and recording videos of the scene of the accident.

We will work together to build a strong case that ensures you are awarded the compensation you deserve.

Roadmap to Motorcycle Accident Compensation

• Medical Expenses: We ask for payment for current medical bills related to your injuries and estimates for future medical costs and rehabilitation.
• Lost Income: We total up your wages lost during recovery and any future earnings that may be affected by your injuries.
• Pain and Suffering: You’ll need compensation for the physical pain and emotional distress resulting from the aftermath of the accident.
• Emotional Distress: We address the psychological impact and emotional pain stemming from the accident.
• Loss of Companionship: You can be compensated for the loss of relationships and emotional support due to your injuries.

Considering the complex and unique aspects of each claim, it’s essential to evaluate each case on its own merits to accurately determine its worth.

Understanding Liability in Atlanta’s Motorcycle Accidents

Recovering compensation after a Georgia motorcycle accident is not automatic. You must establish that another driver or entity had a legal duty which they breached (failed to perform), that you suffered injuries and that your injuries were caused in the crash and by the at-fault driver's negligent act.

A simple way to think about this is to consider whether the other driver acted reasonably and safely. For example, a driver who turns in front of an oncoming motorcycle that had the right of way, "failed to yield." This means they were negligent. Failure to Yield is a moving violation under O.C.G.A. 40-6-70.

Other examples of negligent driving that commonly cause motorcycle accidents are speeding (OCGA 40-6-181), disobeying traffic control devices (OCGA 40-6-2, OCGA 40-6-72) and improper passing (OCGA 40-6-42 and 40-6-41).

If the at-fault driver doesn’t have insurance you can file a claim against your own insurance policy, provided you have Uninsured Motorist (UM) coverage. This offers a safety net when dealing with uninsured or underinsured drivers.

Evaluating Compensation in a Motorcycle Wrongful Death Claim

Calculating the financial impact of a wrongful death claim following a motorcycle accident involves a variety of factors. These include the specific circumstances of the accident, the severity of the victim’s injuries, and both the tangible and intangible effects on the surviving family members.

Motorcycle wrongful death claims can reach or exceed the million-dollar mark depending on the types of claims filed by the surviving family members, Including:

Medical Costs: Covering both past expenses and future expenses, such as long-term care.

Lost Earnings: Accounting for the victim’s lost wages and potential future earnings they could have amassed.

Pain and Suffering: Compensation for the physical pain and suffering of the accident victim.

Emotional Toll: The psychological trauma - both past and present - experienced by the victim and family.

Loss of Consortium: This addresses the loss of companionship that family members once shared with the deceased.

How is Compensation Determined by the Courts for Motorcycle Accident Wrongful Death Claims?

In Atlanta, judges and juries deliberate over numerous factors, including:

Age of the Victim: Younger victims typically represent a bigger loss for the family. This is due to potential future earnings and the companionship and life experiences that have been lost.

Severity of Injuries: The more severe the injuries, the greater the emotional turmoil and distress the family likely endured during the victim’s struggle.

Earning Capacity: The potential earning the victim may have made. Someone with a higher earning potential means a greater economic loss to the family.

Lifestyle and Sociability of the Victim: A victim who led an active social life means a deeper loss of companionship.

The determination of a wrongful death case’s value, especially from a motorcycle accident, often rests with the jury. However, our experienced motorcycle accident lawyers can influence the outcome by educating the jury on the factors noted above.

Does Your Firm Represent Both Motorcycle Drivers and Passengers?

Regardless if you were operating the motorcycle or were a passenger, our lawyers are ready to help you.

For drivers, our legal team will thoroughly investigate the accident’s context to determine who is at fault. Passengers at the time of the accident are unlikely to bear any responsibility. This offers a strong potential for a personal injury claim.

How Do I Decide When to Settle or Pursue a Lawsuit in a Motorcycle Accident Case?

To make the most informed decision possible, it’s crucial to seek advice from an experienced motorcycle accident attorney. They can explore the details of your case and offer guidance on the next steps.

Consider the following when making a decision about filing a claim:

• Severity of Your Injuries: The worse your injuries are, the more compensation you might be entitled to.
• Financial Impact of the Accident: How has the accident affected your finances? Can you still work? Did you lose your job?
• Likelihood of Success in Court: Our lawyers can help you assess the chances for a favorable outcome if your case goes to trial.
• Need for a Lawsuit to Gather More Evidence or Testimonies: Sometimes, initiating a lawsuit is necessary to discover additional evidence or secure witness statements.

When determining your next steps, think about the following:

• Case Valuation: The more severe your injuries and financial losses are, the higher the potential is for a fair settlement if you file a lawsuit.
• Evidence Strength: Strong cases are supported by solid evidence. The more evidence you have on your side, the better the outcome.
• Chances of a Favorable Outcome: If you have a good chance of winning at trial, then the insurance company will be more likely to want to settle.
• Cost of Litigation: Weigh the potential benefits of a lawsuit against the legal costs.

Deciding whether to settle or continue with a lawsuit is a personal choice. There’s no one-size-fits-all answer, and the best decision depends on your unique circumstances and your attorney’s advice.

What is the Timeline for Filing a Motorcycle Accident Lawsuit in Georgia?

Accident victims seeking compensation for their injuries must act within a specified timeframe. If they don’t, they risk losing their right to claim any damages.

However, there are exceptions:

• For Minors: The countdown for the statute of limitations starts on the minor’s 18th birthday, allowing them until the age of 20 to file a claim.
• For Those Incapacitated: The statute of limitations is delayed until they regain their capacity.
• In Cases of Death: When a motorcyclist dies from their injuries, the estate’s representatives have two years from the date an estate administrator is appointed to file a claim. However, this period cannot exceed five years from the date of the accident.

It is important that you speak with a lawyer to understand your rights and the deadlines applicable to your case.

How Are Damages Calculated for Motorcycle Accidents?

Dealing with the aftermath of a motorcycle accident can be overwhelming. The potential compensation you may receive depends on the severity of your injuries and their impact on your life.

In Georgia, motorcycle accident damages fall into two categories:

Economic Damages: This covers direct financial losses, such as medical expenses, lost wages, and the cost of repairing or replacing your motorcycle. Gathering all pertinent documents—medical bills, pay stubs showing lost wages, and estimates for motorcycle repairs—is essential for calculating these damages.

Non-economic Damages: These relate to more subjective losses, like pain and suffering, emotional distress, and loss of life’s enjoyment. Assessing these damages involves a subjective analysis, requiring medical records, expert opinions on your future health, and personal testimonies from loved ones detailing the accident’s impact on your everyday life.

For a comprehensive understanding of your claim and to maximize your compensation, it’s advisable to work closely with experienced legal experts who can navigate the complex claims process on your behalf.

How Do I Secure Punitive Damages in a Motorcycle Accident Case?

Punitive damages in motorcycle accident cases aren’t about compensating the victim. Instead, they act as a way to deter future negligence. These damages are awarded for actions that show willful malice, deceit, or a profound disregard for safety.

To secure punitive damages, merely proving the at-fault party’s negligence is insufficient. It’s necessary to show that their conduct was intentionally harmful to an egregious extent, meriting financial penalty.

Pursuing punitive damages can substantially increase compensation. In instances of egregious misconduct, it’s imperative to consult with a skilled motorcycle accident attorney swiftly. Their expertise and guidance in asserting your rights can help you obtain fair compensation.

This approach focuses on the necessity of punitive damages in a motorcycle accident claim. By focusing on their purpose, the conditions under which they can be awarded, and the importance of legal experience in such cases, the judge or jury can make a just decision.

If You’ve Been in a Motorcycle Accident, Our Team is Here for You

With over 31 years of expertise, our firm knows how to effectively handle severe motorcycle injury claims for insurance and court cases. Our experience covers:

• Traumatic Brain Injuries (TBI)
• Wrongful Death
• Spinal Cord Injuries
• Limb Injuries
• Neurological and Muscle Damage
• Surface Injuries
• Bone Fractures
• Neck and Back Injuries
• Internal Injuries

Permanent Disabilities: Ensuring lifelong impairments don’t compromise our clients’ futures without fair compensation.

Our approach ensures effective and professional representation across all types of motorcycle injury claims.

Key Georgia Regulations for Atlanta Motorcycle Enthusiasts and Injury Claims

In Georgia, both motorcycle riders and passengers are required to wear helmets and eye protection meeting the Georgia Commissioner of Public Safety’s standards, as specified in O.C.G.A. 40-6-315.

License Requirements: To operate a motorcycle in Georgia, one must hold either a Class M permit (MP) or a Class M driver’s license, in accordance with O.C.G.A. 40-5-23.

Age Requirement: Individuals must be at least 17 years old to qualify for a Class M license in Georgia. Applicants must also pass a knowledge test, a vision screening, and a motorcycle operation skills test.

Lane Sharing: This is when two motorcycles ride side by side within the same lane. It is permitted under Georgia law (see O.C.G.A. 40-6-312(a)) as it enhances the visibility of the riders, making them more noticeable to other vehicles. However, no more than two motorcycles may share a lane side by side.

Lane Splitting: Driving between lanes of traffic or on the markings between lanes is prohibited in Georgia (refer to O.C.G.A. 40-6-312). Motorcyclists are not allowed to pass other vehicles within the same lane.

Lane Filtering: Motorcyclists are not allowed to navigate through traffic by riding between lanes or rows of vehicles, as stated in O.C.G.A. 40-6-312 (c).

Headlights and Tail-lights: Motorcyclists are required by Georgia law to keep both headlights and tail-lights turned on at all times while riding (O.C.G.A. 40-6-312(e)).

General Road Rules for Motorcyclists: Motorcyclists must obey the same rules of the road as other vehicle drivers in Georgia.