In Georgia, motorcycle accidents often result in devastating injuries and significant financial burdens. While all motor vehicle crashes have the potential to alter lives, motorcyclists are especially vulnerable on the road, lacking the physical protection offered by cars or trucks. As a result, they are far more likely to suffer catastrophic injuries in a collision. The path to physical recovery is often long and grueling—and the legal road to fair compensation can be just as complex.
Pursuing compensation after a motorcycle accident is not simply a matter of filing an insurance claim. Riders and their families frequently encounter unique legal and procedural hurdles that can stand in the way of justice. If you have been injured in a motorcycle wreck or have lost a family member due to the negligence of another driver, the road to justice can seem overwhelming. Understanding the challenges that face motorcyclists and their families is essential for anyone impacted by a motorcycle crash in Georgia.
Severe Injuries and High Costs
Motorcycle crashes are disproportionately deadly and debilitating. According to the National Highway Traffic Safety Administration, motorcyclists are roughly four times more likely to be injured and 22 times more likely to die in a crash compared to passenger vehicle occupants. Even in non-fatal collisions, victims often sustain serious injuries such as traumatic brain injuries, spinal cord damage, compound fractures, and internal organ trauma.
The consequences of these injuries are more than just physical. Victims may face months or years of rehabilitation, inability to work, permanent disability, and extensive medical bills. For compensation for your harms and losses to be fair, it must account for more than your current expenses. An injured motorcyclist may face future consequences including future medical care, lost earning capacity, and noneconomic damages like pain and suffering. Choosing an experienced personal injury attorney will allow you to navigate Georgia’s legal system and ensure that you receive justice for your losses.
Bias Against Riders
Unfortunately, motorcyclists often face an uphill battle in the courtroom and with insurance companies due to persistent stereotypes. There’s a longstanding public perception that riders are inherently reckless or risk-seeking, even when they are operating safely and legally. An experienced trial attorney will take this bias into account and ensure that it does not unfairly influence liability determinations or lead to reduced compensation.
Insurance Company Tactics
Insurers are well-versed in strategies to reduce or deny payouts. After a motorcycle crash, adjusters may dispute the severity of the victim’s injuries or argue they are pre-existing, offer quick settlements that fall short of covering long-term needs, delay the claims process in hopes the claimant will give up, or suggest the rider was partially or wholly at fault.
Georgia follows a modified comparative negligence rule, which means an injured party can recover damages only if they are less than 50% at fault. Even a partial fault finding can reduce the final compensation award. This makes accurate, evidence-based fault determinations critical to receiving appropriate compensation in your case.
Gathering and Preserving Evidence
Evidence plays a central role in establishing liability and damages. But in serious motorcycle accidents, victims are often incapacitated and unable to document the scene. Key pieces of evidence—skid marks, debris patterns, or witness statements—may disappear or degrade quickly.
Securing a thorough police report, medical records, eyewitness accounts, and traffic or surveillance footage can make the difference in proving a case. An experienced attorney can coordinate these efforts promptly and effectively.
Navigating the Legal Process
Filing a personal injury lawsuit in Georgia involves navigating strict procedural requirements. From meeting deadlines imposed by the statute of limitations to complying with evidentiary standards, the process can be daunting. Without proper legal representation, injury victims may face unnecessary delays or risk forfeiting their right to compensation.
The Impcat of SB 68
Georgia Senate Bill 68 (SB68) introduces several reforms that may further complicate the litigation process for motorcycle injury claims. As currently written, the bill:
- Restricts attorneys from proposing specific amounts for noneconomic damages until after evidence is presented,
- Allows trials to be split into two phases (liability and damages) in certain circumstances, potentially lengthening proceedings and making them more expenses,
- Limits recovery for medical expenses to amounts actually paid or owed,
- Permits the admission of seat belt usage (or lack thereof) as evidence—a clause that, while not directly targeting motorcyclists, could influence perceptions in mixed-vehicle cases.
While wholly and completely untrue, supporters of the bill argue these measures are necessary to control litigation costs and reduce excessive jury awards. In reality, the legislative goal was simply to tip the scales further against plaintiffs, especially those with complex or high-value claims, such as motorcycle accident victims.
A Path Forward
Motorcycle accident victims deserve the same access to justice and fair compensation as any other road user. Unfortunately, their path is often more difficult. At Lazenby Law Group, we understand these challenges and are committed to helping our clients navigate them.
Shane Lazenby brings extensive trial experience and a deep commitment to achieving justice for injured individuals. If you or someone you love have been injured in a motorcycle crash, we invite you to reach out and learn how we can advocate for your rights and help you recover the compensation you need to move forward.
