How Motorcycle Laws Can Affect Accident Cases in Georgia

It takes a lot more skill to operate a motorcycle than a car. Because of that, and because motorcycle riders aren’t protected by a metal cage the way that those in other vehicles are, Georgia has adopted some laws that apply specifically to motorcycles.

Many riders assume that if they’re hurt in a motorcycle accident and they were violating the law, it prevents them from filing a lawsuit for compensation for their injuries. It is important to understand that failure to comply with motorcycle laws often has a considerable impact on an accident case, but the laws don’t automatically block an accident victim from recovering if someone else was primarily at fault for causing the accident.

Licensing, Education, and Insurance Requirements

Georgia requires motorcyclists to hold a special Class M license to operate on the roads. Before the state will issue this type of license, an applicant must either complete an approved safety course or a skills test. Younger riders need to fulfill additional education requirements. The requisites are set up to ensure that riders know how to control their bikes and operate safely.

In addition, the owner of a motorcycle in Georgia is required to purchase at least the minimum liability insurance coverage. They must have a policy that will provide at least $25,000 in payments for injuries caused to another person and $50,000 in payments if two or more people are injured because of the actions of someone operating the insured motorcycle. The law also requires insurance that will pay for at least $25,000 in property damage caused by someone on the motorcycle.

If traffic police catch you operating a motorcycle without a valid license or permit, or without proof of insurance, they can fine you. They may even be able to impound the bike. But they can’t take away all your rights, and that includes the right to seek compensation for injuries caused by someone else’s irresponsible conduct.

Your failure to comply with these licensing requirements could impact your claim for damages. Failure to obtain proper training or demonstrate your skill in handling your bike could be used to argue that your actions were partially to blame for causing the accident or making your injuries worse. Lack of compliance with the law could make it more difficult to recover compensation from others whose actions caused the accident, and it could reduce the amount you are able to receive. But it doesn’t automatically block your ability to recover.

Helmet and Eye Protection Requirements

Georgia required riders to wear helmets long before most other states implemented this requirement. In the Decatur area, both the operator and any passengers must wear a helmet to comply with the law.

The helmet must meet federal requirements for safety. These requirements consider three factors:

• The helmet’s ability to absorb energy on impact
• The helmet’s ability to resist penetration by metal objects
• The ability of the helmet’s chin strap or other retention features to withstand force and keep the helmet seated on the rider’s head

Helmets that meet federal standards are typically identified by a sticker. However, there have been instances of individuals and companies creating or purchasing counterfeit stickers indicating that a helmet meets standards when, in fact, it has not been tested or has failed to meet requirements.

Section 40-6-315 of the Georgia Code not only requires riders to wear helmets but also to have adequate eye protection. Specifically, if a bike is not equipped with a windshield, the operator and passenger must be wearing approved eye protection devices.  

If a rider is stopped without a helmet or eye protection, they are subject to sanctions. But the fact that they are riding without this required protection does not necessarily prevent them from recovering damages in a motorcycle accident. If the lack of head or eye protection contributed to the cause of the accident or the severity of injuries, that will affect the claim for compensation, but won’t necessarily block the claim completely.

For instance, if a rider wasn’t wearing goggles or other approved eye protection, it could be argued that their visibility was impaired and that poor visibility caused the accident. Or if a rider wasn’t wearing a helmet and suffered traumatic brain injuries, the insurance company would argue that the injuries would not have been nearly as severe if the rider had complied with the helmet requirement.

Georgia’s Contributory Negligence Rule

Most accident injuries are caused by a variety of factors. Those factors may be under the control of different people. In a motorcycle accident lawsuit, the attorneys will present evidence showing how the actions of different people involved contributed to the cause of the collision and resulting injuries, and a percentage of fault would be applied to each person.

Under Georgia’s contributory negligence rule, if an accident victim did something that is partially to blame for causing their injuries, they can still recover compensation as long as the victim’s actions were less than 50% of the cause. In legal terms, this is often referred to as the modified comparative negligence rule because a traditional contributory negligence rule prohibits an accident victim from recovering if they have any share of fault at all.

In Georgia, an accident victim’s actions can reduce the amount they are able to recover because of their share of negligence. It is helpful to consider how this would work in some hypothetical examples. Suppose that a motorcycle rider who was not wearing a helmet was hit by a car that was making an illegal lane change. If the rider’s injuries were primarily broken leg bones caused when the bike fell, the lack of a helmet made little or no difference in the outcome. The court might consider the rider 5% at fault for the injuries and reduce the award of compensation from the driver by 5%.

But what if the primary injury was brain damage? In that case, the court might determine that the lack of a helmet made a big difference. The rider might be considered 45% at fault for the injuries, and the damage award would be reduced by 45% instead of just 5%. If the court decided the rider’s actions were 50% or more to be the cause of their injuries, then the rider would not be able to recover any compensation at all.

This is one reason it is so crucial to work with an experienced accident attorney when seeking compensation for a motorcycle accident. A skilled attorney will know when to bring in experts who can demonstrate all the factors that weigh in the victim’s favor. Every bit of evidence and every argument is crucial to obtain a full recovery.

Contact Michael M. Day Law Firm to Learn What Your Motorcycle Accident Claim May Be Worth

Motorcycle accident claims tend to be very complicated. It can be challenging to determine who is at fault and how to secure the appropriate compensation for your losses and resources for your future.

At Michael M. Day Law Firm, we are dedicated to helping accident victims demonstrate how negligent drivers in cars, trucks, and other vehicles caused the accident and resulting injuries. If some of the blame lies with third parties, such as the manufacturer of a helmet or someone who left debris on the road, we investigate to hold them accountable. However, it is crucial to gather evidence as quickly as possible after an accident. If you or a loved one were hurt in a motorcycle accident, call us today at 404-480-4284 or contact us online to schedule a free case evaluation and consultation to find out what your claim may be worth and how our team can help you fight the insurance companies to get the resources you deserve.