Motorcycle Accidents

A Decatur Motorcycle Accident Attorney On Your Side

The freedom and openness of driving a motorcycle might be greater than driving a traditional car, but when an accident happens, the potential of serious injury or even death is also far greater for the motorcycle driver. Each year in the United States there are thousands of deaths and injuries experienced by motorcycle drivers. In fact, the CDC reports that in 2020 alone, there were over 180,000 motorcyclists treated in emergency departments for injuries resulting from crashes. This is in addition to over 5,500 deaths.

If you or a loved one has experienced a long-term, life-altering injury as a result of a motorcycle accident caused by someone or something else, you could have a claim to collect compensation for your damages. To learn more about the options available for your case, reach out to a Decatur motorcycle accident attorney from Michael M. Day Law Firm, LLC.

Drivers on the road have a responsibility to drive legally, safe, sober, and attentively in Georgia, and failure to do so can be especially dangerous to motorcyclists. Navigating the complex insurance claims process to recover compensation for the costs and damages linked to your motorcycle accident injuries can be time-consuming and confusing. With an experienced Decatur motorcycle accident attorney on your claim as soon as possible after your accident, the odds of your recovering the full compensation you deserve are markedly improved. 

The experienced attorneys of Michael M. Day Law Firm, LLC are standing by to review the facts of your accident to determine if we can take your case and help you make the most of it. 

Distracted Driving is a Leading Cause of Motorcycle Accidents

A common slogan for motorcyclists and cyclists alike is “share the road,” meaning that the drivers of traditional motor vehicles, in addition to the drivers of large trucks and other vehicles, must be attentive to persons who are riding on two wheels. Unfortunately, this is not always the case, and one of the leading causes is distracted driving. According to the CDC, distracted driving leads to 9 deaths each day in the United States. Here in Georgia, the Governor’s Office of Highway Safety’s 2024 report reveals that nearly 1 in 5 Georgia drivers (19.6%) were observed engaging in distractions behind the wheel—such as talking, texting, dialing, or eating—according to a statewide observational survey. While confirmed distracted driving contributed to 4.4% of all fatal crashes in Georgia, this is likely undercounted, as many distraction-related incidents go undocumented.

Distracted driving is engaging in any behavior that negatively impacts a driver’s ability to pay attention to the road and to drive safely. Examples of distracted driving include:

• Texting while driving
• Talking on a cell phone or even to a passenger while driving
• Manipulating the radio or in-dash display
• Eating
• Applying makeup

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There are many other activities that constitute distracted driving because they cause one or all of the following types of impairment:

• Mental impairment: When a driver is distracted, their mind is not on their driving, which can decrease their ability to respond to a situation on the road or to pay attention to motorcycle drivers
• Visual impairment: Any activity that takes the driver’s eyes off of the road endangers them and others on the road
• Manual impairment: when the hands of the driver are taken off the wheel, they are unable to drive safely and respond to demanding situations and emergencies on the road

An example of distracted driving would be when a driver is texting while operating a motor vehicle. Their hands are impaired from driving by being on their phone typing, their eyes are not on the road as they are on the phone looking at the message, and the driver’s mind is impaired as they are focusing on the content of the text message. When a driver is impaired in any of these 3 ways, they are distracted and can be liable for any damages that result from motorcycle accidents they cause. A Georgia motorcycle accident attorney can aid in the collection of these damages.

Distracted Driving Is Illegal in Georgia

Under the Hands-Free Georgia Act, it is illegal for motorists to hold their phones to read or text while driving. Additionally, video recording and broadcasting are also prohibited. Calls and the use of GPS navigation are only allowed under the law through Bluetooth devices so that the hands and eyes of the driver are not taken away from the road. Under the law, the use of a phone while driving is considered to be distracted driving, which is defined by the Deputy Director of Injury Prevention at the Georgia Department of Public Health as, “when drivers divert their attention from driving to focus on something else.”

If a driver in Georgia is distracted under the definition of the law and causes a motorcycle accident, they may be liable for the resulting damages. When a driver violates the law and causes an accident, a Decatur motorcycle accident attorney may be able to hold them liable for civil damages in addition to any criminal charges or traffic penalties they may face.

Georgia Motorcycle Crash Statistics 

The risks motorcyclists face on Georgia roads is borne out by statistics. The Georgia Governor’s Office of Highway Safety reported in 2024 that in the most recent year studied, motorcycles made up only a tiny portion of total traffic on our roads. Less than one percent (0.7%) of all vehicles registered in Georgia were motorcycles. That percentage could be even lower if you include the traffic on our highways attributed to vehicles registered in other states.

Motorcycles also accounted for only 1% of crashes in Georgia. Yet they made up 18% of all deaths from traffic accidents. In multi-vehicle accidents involving motorcycles, if there was a fatality resulting from the accident, 96% of the time, it was a motorcyclist who was killed. Passengers and drivers of other vehicles involved were killed only 4% of the time. It is clear that when drivers of cars and trucks drive while distracted, fatigued, or otherwise impaired, their actions pose a deadly risk for those on motorcycles.

Insurance for Motorcycle Owners

Given the risks associated with riding a motorcycle and the unique characteristics of these vehicles, it is crucial for motorcycle owners to ensure they have the right insurance coverage. Riders can be in compliance with state laws but still be painfully unprepared for an accident.

Many motorcycle insurance policies cover only liability. The policies will pay only for injuries or property damage that you cause to others. Georgia law requires motorcycle owners to purchase insurance policies that provide at least $25,000 worth of coverage for an injury caused to another person (and at least $50,000 in coverage for injuries to two or more people) as well as at least $25,000 in coverage for any damage the motorcycle causes to someone’s property.

State law requires motorcyclists to carry proof of insurance coverage with them while riding. What Georgia law does not require is any insurance coverage that protects the rider. A liability policy won’t pay for your own medical bills or repair any damage to your bike.

You need additional coverage unless you want to pay thousands of dollars in costs on your own. Talk with your insurance company about coverage, such as:

• Medical payments to cover the cost of treating injuries you suffer in a collision
• Collision insurance to cover the cost to repair or replace your bike
• Uninsured/underinsured motorist coverage to cover your losses if you’re in an accident caused by a driver without adequate insurance
• Comprehensive insurance to pay for damage to your bike caused by other factors, such as vandalism or weather. This would also cover theft.

If you’re in an accident caused by someone else, a Decatur motorcycle accident attorney can work to establish legal liability so that the responsible driver’s insurance will pay for your losses. Having additional insurance protection of your own, such as collision insurance, can cover your losses when the accident is determined to be fully or partially your fault.

Myths Surrounding Motorcycle Crashes

There is a lot of misinformation circulating about motorcycle accidents. It is important to understand the truth.

• Myth: Most motorcycle accidents occur because riders are speeding. Fact: The Federal Highway Administration reports that only 29% of motorcycle crashes—less than ⅓–involved a motorcycle that was operating at a speed faster than surrounding traffic.
• Myth: Motorcyclists get distracted more often than other motorists. Fact:  While nearly a third of all motorcycle accidents involve a rider who was distracted, the percentage of distracted drivers causing accidents in other types of vehicles is much higher.
• Myth: Motorcycle accidents mostly occur in bad weather. Fact: The National Safety Council reports that rain, fog, and other adverse weather conditions are present in only about 6% of all motorcycle accident scenarios. The vast majority of accidents occur in normal, dry weather conditions.
• Myth: You don’t need a lawyer if an insurance company has already offered you a settlement. Fact: An experienced Decatur motorcycle accident attorney who understands how to establish the value of your claim can negotiate a significantly greater settlement amount that will provide for your future needs. Without a knowledgeable lawyer, accident victims usually get far less than they need and deserve.

Remember that the team at Michael M. Day Law Firm works on a contingency fee basis, so you don’t pay a dime unless and until we succeed. We’re in this together.

Wrongful Death 

If you have lost a loved one to injuries sustained from a motorcycle accident, whether at the scene of the accident or after prolonged medical care, you could be entitled to compensation through a wrongful death action. Given that motorcyclists are more likely than automobile drivers involved in accidents to be killed, this is an unfortunate reality that the families of injured motorcyclists must face.

The purpose of a wrongful death lawsuit is to replace the lost value of the financial and other contributions to the household like chores and childcare that the fatally injured motorcyclists made prior to the accident. No amount of money can bring back a lost loved one, but a wrongful death claim can help to provide financial stability rather than ongoing loss after the accident. 

Collecting Damages for Your Motorcycle Accident Injury Requires a Claim

When you or a loved one experiences a life-altering injury with long-term costs and consequences, the financial compensation you might be entitled to is not received automatically. Instead, you’ll need to gather evidence to prove liability on behalf of the at-fault party and evidence to accurately and completely measure the full costs associated with your injury.

It is possible the injuries from a motorcycle accident can cause life-long suffering. Calculating the damages that your motorcycle accident injury will result in for the remainder of your life requires follow-up opinions from medical and occupational experts. The treatments you will need in the future for your injuries and how those injuries will impact your ability to work and also enjoy life are incorporated into your damages. Working with a Georgia motorcycle accident attorney helps to streamline the process. At Michael M. Day Law Firm, LLC, we handle the collection of evidence and drafting processes on your behalf. We also help you schedule appointments with experts and negotiate on your behalf with the insurance company.

Insurance Companies May Try and Shift Blame by Citing Unsafe Driving or Helmet Law Violations

It is also important to keep in mind that alongside 18 other states and the District of Columbia. Georgia has a universal motorcycle helmet law. This law mandates that motorcycle drivers who are operating vehicles that require a helmet, namely those without an enclosed cab, must wear a helmet or risk being in violation of the law. The way that not wearing a motorcycle helmet might impact your claim will depend upon the unique facts and circumstances of the accident, and your local Georgia motorcycle accident attorney is best equipped to determine your best options.

Discuss Your Claim with a Decatur Motorcycle Accident Attorney Now

The process of gathering evidence, drafting and filing a claim, then successfully negotiating a complete settlement with the responsible driver and their insurance company can be difficult. The requirements of submitting a claim can be confusing and complex, and finding medical experts who are familiar with the insurance claims process and how future damages are estimated can be difficult. 

Working with a Decatur motorcycle accident attorney from Michael M. Day Law Firm, LLC removes the entire process from your day-to-day life, so that you and your family can focus on your recovery from the accident. Adapting to life and making the necessary changes after a life-altering injury can be hard, and having an experienced lawyer on your side can remove much of the stress and time associated with recovering the compensation that you are entitled to. 

Don’t worry about whether or not you can afford our services. Your initial case review is free, and if we are able to take your case, we only get paid if we win. There are no out-of-pocket costs for you, ever, and we explain how the process works and answer any questions you might have before getting started. 

To learn more, connect with Michael M. Day Law Firm, LLC by calling us at (678) 616-9290, or schedule your free consultation now.