Your Questions Answered

Nothing compares to the freedom and excitement of riding a motorcycle on the open road. But, as many riders know, car and truck drivers often fail to watch for bikers.

You Could Easily Drive a Car, but You Chose to Ride Your Bike for a Reason

Our lawyers help Georgia motorcyclists hold negligent drivers and their insurance companies accountable.

Motorcycle Riders Face Unique Dangers

After an accident involving a motorcyclist, too often, the other driver claims they did not see the biker. In some cases, a motorist has not properly judged the distance or speed of the motorcycle.

Drivers must consistently look for motorcycles at intersections and in blind spots before making turns or lane changes. Drivers must also avoid crowding motorcyclists in lanes or following too closely because motorcycles stop quickly due to their comparatively lightweight.

In addition to being liable for not safely sharing the road, motorists can be held accountable if they cause a motorcycle accident through careless and reckless driving, such as:

However, motorists are obligated to share the road, regardless of the vehicle they or others drive.

  • Speeding
  • Negligent driving
  • Drunk or drugged driving
  • Fatigued/drowsy driving
  • Aggressive driving (multiple lane changes, improper passing, running stop signs or stoplights, etc.)

Sometimes, dangerous or hidden roadway hazards have also caused motorcycle wrecks. In these cases, the local government and/or a contractor may be responsible and held accountable for the accident victim’s injuries.

Fast and Affordable Legal Help for Your Atlanta Wreck

If you’ve been in a motorbike wreck caused by negligence, call or contact us for a free case evaluation. We work on a contingency-fee basis, meaning you pay no attorney fees unless you win.

Additionally, our firm does not charge any fee to assist with your property damage (damage to your motorcycle) claim.

Call today, and our motorcycle accident attorneys can begin putting together your winning personal injury or wrongful death case.

Holding Negligent and Reckless Drivers and Powerful Insurance Companies Accountable

Adjusters and insurance companies portray responsible motorcycle enthusiasts as careless, reckless, rebellious risk-takers. Insurance defense lawyers often try to blame bikers for the accident or the severity of their injuries. We don’t.

Our experienced legal team will help you fight these unfair tactics.

Here are several questions you may have about personal injury cases.

Do you represent both motorcycle drivers and passengers?

Yes. Whether you were controlling the bike or riding as a passenger, our Atlanta lawyers can help.

If you were the driver, we will investigate your accident at no charge, and determine who was at fault. If you were a passenger, it is unlikely you caused the accident. It is almost certain that you have a valid personal injury claim.

What should you do if you’ve been in a motorcycle accident?

At the accident scene, if it is safe to do so, gather as much evidence as possible. Take photographs and get witness statements and contact information.
Report the accident immediately to your insurance company and the at-fault driver’s company. But do not give a recorded statement to an insurance adjuster without first consulting with an attorney.

Get any required medical care right away. Even a slight delay can result in the insurance company claiming you were not injured.

If you have medical insurance, use it to get the care you need.

If you do not have health insurance, a personal injury lawyer may know doctors who treat on a lien.

Who is usually sued or responsible for monetary damages in an Atlanta motorcycle accident?

The driver who caused the crash and their insurance company are responsible for your damages and compensation.

After a wreck, the at-fault driver and the insurance company should be notified quickly so that a claim can begin.

You should also notify your underinsured or uninsured (UIM) motorist carrier. UIM may cover you if the driver who hit you either does not have insurance or does not have enough coverage.

How are settlements calculated in Atlanta motorcycle accident cases?

The settlement value of a motorcycle crash is the amount you agree to accept without your case going to trial. Settlement values are usually determined based on the value settled for in similar cases. However, settlement amounts can also depend on the insurance limits available and the extent of your injuries.

Experienced and well-funded motorbike wreck firms conduct jury verdict research and focus groups to determine case value.

When should you settle or file a lawsuit in a motorcycle accident case?

Motorcycle accidents can be very serious and sometimes result in personal injury. If you’ve been injured due to another driver’s negligence, then settling your claim or filing a lawsuit may depend on how much they compensate for all of these losses plus additional money awarded as punishment damages if necessary.
A person must weigh their options responsibly before deciding what kind would work best when facing an insurance adjustor who does not offer up any fair offers nor includes anything about punitive charges into theirs; this leaves only one option: going through legal proceedings by becoming involved with suing!

In other cases, an attorney may recommend filing a lawsuit instead of continuing to negotiate a settlement. This is because the power of the court through For example, filing a lawsuit can give you access to critical evidence that is not available without the power of the court.

How long do I have to file a lawsuit after a motorcycle wreck?

Georgia’s statute of limitations for personal injury cases applies to motorbike crash claims. You can make and settle your claim for damages at any time up to two years from the date you were injured.

In the case of wrongful death, you must file a claim for the death of an individual within two years of their passing.

Claims of the estate may have longer. An estate has up to two years from the date a probate court appoints an administrator to file a lawsuit and five years in total for unrepresented estates.

Infographic on medical expenses

How are damages calculated in Georgia motorbike injury cases?

Georgia law divides damages into two broad categories known as “special” and “general” damages.

“Special” damages are your economic losses, or expenses that can be calculated into specific dollar amounts. These damages include past and future pay due to inability to work, medical bills, and out-of-pocket costs. Records from your taxes or employer, medical records, and other receipts can prove these damages.

“General” damages are your non-economic harms and losses. These damages include your pain and suffering, permanent scars or impairments, emotional distress, as well as changes to your overall quality of life. A skilled attorney will work closely with you to prove your non-economic damages.

How much is a motorcycle wrongful death case worth?

If you lost a loved one in a fatal motorcycle accident, we understand that no amount of money is enough.

Georgia law allows the legal survivors of an accident to recover the full value of the life lost.

This includes recovering the biker’s future earnings and lost enjoyment of life. Wrongful death settlements or verdicts have the potential to be very large. Therefore, it is important to discover all possible sources of payment. This includes finding all available insurance policies and identifying all possible claims.

How do you prove and recover punitive damages in a Georgia motorcycle injury case?

Punitive damages might be available in a Georgia motorbike accident case if the at-fault driver acted criminally or recklessly. For example, you may claim punitive damages when hit by a reckless or intoxicated driver while riding your motorcycle. Or, you may receive punitive damages if the at-fault driver fled the scene, known as hit-and-run.

A good personal injury attorney investigates each crash for aggravating circumstances that may allow a punitive claim.

Does your law firm handle single-motorcycle crash cases?

Yes. Our attorneys will be glad to speak with you about single-bike crashes.

Some motorcycle wrecks happen due to road conditions, such as potholes, debris, or gravel left on the road.

Other bike accidents have been caused by defective parts, including brake and tire failures. Often, the only way to identify the cause of the accident is to have the motorcycle examined by an expert.

Proving the Most Common Causes of Motorcycle Accidents

Motorcycle crashes frequently happen because of distracted driving and failure to yield the right of way. Sometimes, other car and truck drivers are not paying attention and fail to see motorcycles. Motorcycle crashes may also be due to driving under the influence (DUI), tailgating (following too closely), blind spot accidents, “open door” accidents, road rage, dangerous road conditions, pedestrians in the road, and driving too fast for conditions.

However, the most common cause of motorcycle crashes is drivers turning left in front of bikers. It is estimated that as many as 75 percent of motorbike crashes are caused by cars violating the right of way. Many drivers are simply not looking for bikers, and turn in front of a rider going straight.

Fast investigation is the key to proving motorcycle accidents. It is important that witnesses are interviewed before memories fade or they move away. In the case of a serious accident or death, it may be recommended to have an accident reconstruction expert visit the scene as soon as possible. Surveillance video and police car and officer bodycam footage should be requested quickly.

How We Investigate Motorcycle Injury Accidents

Our legal team will carefully build your case. We investigate your crash and find the evidence to prove what happened and why you were injured. Part of our process includes calculating the full extent and costs of your injuries and other losses. We also work to uncover sources of insurance and other benefits available to pay for your losses.

Our detailed investigative process begins with reviewing all reports and the accident scene. During the investigation, we may also:

  • Review photographs of the bike and scene
  • Examine the motorcycle and other vehicles
  • Inspect physical evidence, such as skid marks, pavement abrasions, yaw marks, and vehicle damage, including paint transfer or dents
  • Use laser scanning to obtain 3D models of the cars and accident scene
  • Obtain witness interviews
  • Review law enforcement and surveillance videos

The Millar Law Firm employs qualified crash reconstruction experts and investigators, most of whom have many years of law enforcement experience.

Not only will we seek compensation for you through negotiations or court action, but we can also negotiate to reduce hospital and insurance liens. These costs may threaten to reduce the amount of money you or your family receive at the end of the case.

Important Georgia Laws for Motorcyclists and Bike Injury Cases

Georgia’s motorcycle helmet law: In Georgia, all motorcycle drivers and passengers must wear a helmet that complies with the regulations of the Georgia Commissioner of Public Safety standards – O.C.G.A. 40-6-315. Motorcycle operators must also wear proper eye protection.

Class M license or permit: In Georgia, a Class M permit (MP) or Class M driver’s license is required to operate a motorcycleO.C.G.A. 40-5-23.

Age requirement: Motorcycle riders must be least 17 years old to apply for a Georgia Class M license. They are also required to pass a knowledge exam, vision test, and motorcycle skills test.

Lane sharing: When two motorcycles share or ride abreast in one lane of traffic. Lane sharing is legal in Georgia – see O.C.G.A. 40-6-312(a). However, no more than two riders may be side-by-side in a single lane. Lane sharing may make riding safer, as other drivers may be more likely to see two bikes’ headlights or tail-lights on the road.

Lane splitting: When a motorcyclist drives on the white solid or dashed line between two lanes of traffic. Bikers may refer to this type of riding between traffic as “white lining.” While it may be legal in other states, lane splitting is illegal in Georgia – see O.C.G.A. 40-6-312. Motorbike drivers are also not permitted to pass cars and trucks in the same lane as the motorcycle – see O.C.G.A. 40-6-312.

Lane filtering: Weaving from lane to lane or around slow-moving or stopped traffic is known as lane filtering. In Georgia, lane filtering is illegal, as riders are prohibited from driving a bike between lanes of traffic or rows of vehicles. O.C.G.A. 40-6-312 (c).

Headlights and tail-lights: Under Georgia law, a person operating a motorcycle must keep the headlights and tail-lights turned on at all times – O.C.G.A. 40-6-312(e).

Basic rules of the road for bikers: In general, riders must follow the same Georgia uniform rules of the road as other motorists.

Other Resources:

Many of Georgia’s motorcycle laws are found in Article 13, Title 40, Chapter 6 in the State Code of Georgia.

Georgia’s Motorcycle Operators Manual contains many of the state’s laws about motorcycles.

29 Years of Experience Working on Georgia Motorcycle Wreck Settlements

The Millar Law Firm has nearly three decades of experience working with injured victims and their families.

Here are just some of our case results:

  • $25 million for a motorcycle accident client who was paralyzed when he struck an improperly marked barrier.
  • $2 million for a rider who suffered a head injury when a driver made a right turn from the inside lane.
  • $750,000 for a biker who suffered a broken leg when a log truck turned left in front of him.

Many policy limit settlements are between $100,000 and $1 million for motorcyclists who are severely injured.

Motor Bike Accident Claims We Have Handled:

  • Moped riders struck by cars
  • Motor scooter accidents
  • Dirt bike accidents
  • Accidents involving cruisers, sport, and cruising bikes
  • Can-am style and other three-wheelers

Troubling Motorcycle Injury Rates

More than 75% of collisions between cars and motorcycles are the fault of the car driver.

According to the National Highway Traffic Safety Administration (NHTSA), per vehicle miles traveled in 2017, motorcyclist fatalities occurred nearly 27 times more frequently than passenger car occupant fatalities crashes. And, motorcycle deaths accounted for 14% of all motor vehicle crash deaths in 2018.

Motorcycle Accident Injuries We Routinely Handle

Insurance adjusters for at-fault drivers are paid hefty salaries to minimize the amount rewarded to accident victims. You may have heard the phrase, “hire a young doctor and an old lawyer.” There is some truth to this. You want your medical team to be on the cutting edge of the latest medical technology. But, in the practice of law, experience can be what counts most.

Our office has nearly 30 years of experience in proving serious injuries to insurance adjusters and in the courtroom. The types of injury claims we have handled and proven include:

Why Consider Our Firm

If you do not hire a lawyer, insurance adjusters will often try to deny or reduce your claim for damages. To an insurance company, they “win” by refuting your claim or paying as little as possible. Defense attorneys will likely attempt to blame the biker, even if the police accident report says otherwise.

Adjusters usually will not offer top dollar unless they believe you can face them in court – and win.

BMW RR Motorcycle

Without a lawyer to battle their legal team, insurance adjusters have little to fear.

Even if you do agree on a settlement, insurance companies are notorious for delaying payment. If the adjuster believes there is no attorney to take them to court, they may unfairly delay your compensation.

Additionally, hiring our law firm can make your life easier. We will gather all the necessary documentation and speak with the at-fault party’s insurance adjuster for you. A lawyer will handle all settlement negotiations so you can focus on recovering physically and emotionally.

The difference between a fair settlement and getting nothing to help pay your medical bills may come down to one thing: hiring a committed and experienced Atlanta motorcycle accident attorney.

Your family’s financial future is too important to risk. Even if you’re unsure if you should hire a personal injury attorney, we highly recommend a free case review.

Contact Our Professional Georgia Motorcycle Accident Lawyers Today

If you have been seriously injured in a motorcycle accident, you may be able to obtain compensation to assist with your medical bills and other losses.

Please contact The Millar Law Firm to find out how we can help. We will meet with you and evaluate your case free of charge.

We represent our clients on a contingency-fee basis, which means you pay no money upfront. If we do not recover compensation for you, you will not be charged for any of the professional time spent on your case.