GA Motorcycle Wreck? Proving Fault is Key

Misconceptions abound regarding proving fault in a motorcycle accident, especially in Georgia. Are you prepared to navigate the complexities of these cases, or will you fall victim to common myths?

## Myth #1: If I Was Hurt in a Motorcycle Accident, I Automatically Get Compensation

This is simply untrue. In Georgia, like many states, we operate under an “at-fault” system. This means that to recover damages after a motorcycle accident in Georgia, you must prove that someone else’s negligence caused the wreck. It’s not enough to just be injured; you must demonstrate that another party was responsible. For example, if a driver ran a red light at the intersection of Washington Road and Fury’s Ferry Road in Augusta and hit you, you’d need to prove they ran the light to establish their fault.

We recently handled a case where our client, a motorcyclist, was struck by a car making a left turn. The other driver claimed they had a green arrow. However, through diligent investigation, including reviewing traffic camera footage and interviewing witnesses, we were able to prove the driver’s light was actually red. Without that proof, our client wouldn’t have recovered a dime.

## Myth #2: If the Police Report Says I Was At Fault, My Case Is Over

A police report can be a valuable piece of evidence, but it’s not the final word. Police officers are not judges or juries. Their opinions in the report are just that – opinions. They are based on their observations at the scene and any statements they collect. You have the right to challenge the police report’s findings.

I had a client last year who was involved in a motorcycle accident on I-20 near Augusta. The police report initially placed him at fault because he was allegedly speeding. However, we hired an accident reconstruction expert who analyzed the skid marks, vehicle damage, and other evidence. The expert concluded that the other driver actually caused the accident by changing lanes unsafely. With this expert testimony, we were able to successfully challenge the police report and obtain a favorable settlement for our client. As you can see, proving fault is key.

## Myth #3: If I Wasn’t Wearing a Helmet, I Can’t Recover Any Damages

Georgia law requires motorcycle riders to wear helmets if they are under the age of 21 (O.C.G.A. Section 40-6-315). However, even if you weren’t wearing a helmet and are over 21, you can still recover damages. The lack of a helmet might affect the amount of damages you can recover, especially for head injuries, but it doesn’t automatically bar you from recovering anything. The key question is whether the lack of a helmet directly caused or worsened your injuries. The defense will argue that it did, but we can argue that the accident itself was the primary cause, regardless of helmet use.

Here’s what nobody tells you: insurance companies love to use the helmet defense to minimize payouts. Be prepared for a fight. Also, keep in mind that there are many myths surrounding motorcycle accident claims.

## Myth #4: I Can Handle My Motorcycle Accident Claim Myself and Save Money

While you can represent yourself, doing so in a motorcycle accident case is rarely a good idea. These cases are often complex, involving issues of negligence, causation, and damages. Insurance companies are skilled at minimizing payouts, and they have lawyers working for them. Do you?

Consider this: a study by the Insurance Research Council found that people who hire attorneys receive settlements that are, on average, 3.5 times higher than those who don’t. That’s a significant difference! An experienced Augusta, Georgia motorcycle accident lawyer understands the law, knows how to gather evidence, and can negotiate effectively with insurance companies. Plus, they can file a lawsuit if necessary to protect your rights in the Richmond County State Court. If you’re in Marietta, you’ll want to know how to pick the right lawyer.

## Myth #5: If I Was Partially at Fault, I Can’t Recover Anything

This is another common misconception. Georgia follows the rule of modified comparative negligence. This means that you can recover damages even if you were partially at fault for the accident, as long as your percentage of fault is less than 50%. However, your damages will be reduced by your percentage of fault. For more information on this, read our article on GA motorcycle accident claims.

For example, let’s say you were involved in a motorcycle accident where the other driver was speeding, but you failed to signal before changing lanes. A jury determines that the other driver was 70% at fault and you were 30% at fault, and that your total damages are $100,000. You would still be able to recover $70,000 (70% of $100,000). But if you were found to be 50% or more at fault, you would recover nothing. Now you see, how fault impacts your claim is essential.

Navigating the legal aftermath of a motorcycle accident requires an experienced advocate. Understanding these common myths is the first step toward protecting your rights and seeking the compensation you deserve.

Don’t let misinformation derail your claim. The single most impactful step you can take after a motorcycle accident is to consult with a qualified attorney in Augusta who can assess your case and advise you on the best course of action.