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McGahren Law

Motorcycle Accident Question & Answers

Traffic Risk Road Death Motorcycle Accident

National Highway Traffic Safety Administration and DMV.org informs us that:

  • Injury or death of the rider occurred in 80% of motorcycle collisions.
  • Motorcyclist deaths occurred 27 times more frequently than fatalities in other vehicles, based on 2014 fatal crash data.
  • Motorcyclists are rarely at fault in accidents.

What are Georgia’s motorcycle helmet laws?

All riders on all low-power cycles are required to wear helmets under Georgia motorcycle helmet law except for electric assisted bicycles where bicycle helmets are permitted.


If I didn’t wear a helmet during the accident, can I file a claim?

Yes. If the crash was someone else’s fault, this should have no bearing. If, however, your injuries are the result of not wearing the proper gear, that reduces the liability towards damages like concussion.

If I don’t have insurance on my bike can I file a claim?


How long do I have to file a claim?

The statute of limitations in Georgia for claims related to personal injury is two years from the date the injury was sustained.


I was in an accident with an unidentified motorist / hit-and-run. Do I have a case?

Yes, if you can’t locate the person who caused the crash or they are uninsured, you will be covered through your Uninsured Motorist (UM) policy-if you have that coverage.


What should I do following an accident with my motorcycle?

Stay calm. Record what you can if you have a smart phone or write down / draw a description of the accident. Get insurance information from the other driver, license and the name of the person who you had the accident with as well as name and license number (if possible) of anyone else who is a passenger or witness. Take pictures of your vehicle and the car, and any tire marks or landmarks where the collision took place. Inspect yourself and photograph any injuries. If a police officer is on scene, let them know if you are injured so they can put it on the Incident Report. Be as calm and reasonable as possible with the officer, but be firm about documenting the situation as any errors will be hard to correct later.

Investigation of the incident is vital as insurers have been known to treat motorcyclists as at-fault to reduce the payout of the claim.

After the accident, you should keep records of your expenses; medical, bills, transportation, repairs and lost work.

McGahren Law offers free consultation on all injury matters.


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DISCLAIMER: The information herein is for educational purposes only and does not constitute legal advice. For any legal matters, you are urged to take the advice of an attorney familiar with your case.


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