Hurt in a Motorcycle Crash? Talk to a Georgia Lawyer Who Focuses on Your Case

A motorcycle accident lawyer in Georgia helps injured riders, passengers and families decide whether a claim is worth pursuing and how to file it. Two Georgia rules shape most of these claims. First, an injury lawsuit generally must be filed within two years. Second, under O.C.G.A. § 51-12-33 (Quynn v. Hulsey (2020))(g), a rider who is 50 percent or more responsible for the injury or damages claimed is not entitled to receive any damages. This page explains both rules, common crash patterns, how insurers respond, and the steps that follow a crash. T. Madden & Associates, P.C. has been in practice since 1999 and handles motorcycle and e-bike crash claims.

Georgia’s Two Key Deadlines for a Motorcycle Accident Claim

Georgia generally requires an injury lawsuit to be filed within two years after the right of action accrues. O.C.G.A. § 9-3-33 sets this rule for injuries to the person. Claims involving loss of consortium have four years under the same statute. Those longer periods do not replace the two-year rule for the injured rider’s own claim.

Wrongful death claims have their own filing rules, so families should not assume they have extra time. Missing a deadline can end the right to file in court. Write down the crash date the day it happens, and keep it with the crash report.

Other deadlines can be shorter. A claim against a city must be presented in writing to the city’s governing authority within six months of the event, under O.C.G.A. § 36-33-5. A tort claim against the state must be given in writing within 12 months of when the loss was discovered or should have been discovered, under O.C.G.A. § 50-21-26. Whether either one applies depends on who caused the crash.

How Georgia’s 50% Fault Rule Affects a Motorcycle Claim

Under Georgia law, a rider who is 50 percent or more responsible for the injury cannot receive any damages. O.C.G.A. § 51-12-33 sets this bar. Under O.C.G.A. § 51-12-33, the judge reduces the damages otherwise awarded to the plaintiff in proportion to the plaintiff’s percentage of fault, and the plaintiff is not entitled to receive any damages if the plaintiff is 50 percent or more responsible for the injury or damages claimed. The trier of fact sets the rider’s percentage, and the judge reduces the award in proportion to it.

Here is how that works. Suppose the total award would be $100,000 and the rider is 20 percent at fault. The award drops by $20,000.

The same statute splits liability among the people who are at fault. Each one pays only its own share, and the shares are not joint. The trier of fact must consider the fault of everyone who contributed to the injury, even a person who was never sued, but a nonparty’s fault is considered only if the plaintiff entered into a settlement agreement with that nonparty or a defending party gives notice not later than 120 days prior to the date of trial.

Insurers often argue that a rider was speeding, changed lanes improperly, or lacked gear. Each argument needs evidence behind it. Fault depends on the facts of each crash.

Common Ways Motorcycle Crashes Happen in Georgia

Many motorcycle crashes follow a few familiar patterns. Each pattern raises its own questions about visibility, right of way, and driver attention.

Left turn collisions happen when a driver turns across a rider’s path, often at an intersection or driveway. The main questions are who had the right of way, whether the rider was visible, and what the driver was watching.

Lane change and blind spot crashes happen when a car or truck moves into the lane a rider is using. A motorcycle can sit in a driver’s blind spot without the driver seeing it.

Rear end crashes happen when a vehicle strikes the rider from behind. The rider can be thrown from the bike, and the impact can cause serious injuries.

The police crash report, photos, witness information, and vehicle damage often show which pattern occurred. The report is a starting point for the claim, not the final word on fault.

Motorcycle, E-Bike, and Other Two-Wheel Crashes

Motorcycle and e-bike crashes can both lead to injury claims, and each one turns on its facts. Georgia requires riders to wear protective headgear that meets state standards. O.C.G.A. § 40-6-315 says no person shall operate or ride a motorcycle without it. O.C.G.A. § 40-6-315 reads: “(b) No person shall operate or ride upon a motorcycle if the motorcycle is not equipped with a windshield unless he or she is wearing an eye-protective device of a type approved by the commissioner of public safety.” O.C.G.A. § 40-6-315 reads: “(a) No person shall operate or ride upon a motorcycle unless he or she is wearing protective headgear which complies with standards established by the commissioner of public safety.” A motorcycle without a windshield also requires an approved eye-protective device under the same section. O.C.G.A. § 40-6-315 reads: “(b) No person shall operate or ride upon a motorcycle if the motorcycle is not equipped with a windshield unless he or she is wearing an eye-protective device of a type approved by the commissioner of public safety.” The headgear rule does not apply to riders in an enclosed cab or motorized cart, or to a person operating a three-wheeled motorcycle used only for agricultural purposes.

Gear use and road conditions are part of the facts reviewed after a crash. They are weighed together with the other evidence.

The Insurance Institute for Highway Safety publishes research on motorcycle crash deaths by state and year, including helmet use. The IIHS Fatality Facts research covers this topic.

The firm handles e-bike accident claims. Each e-bike claim also turns on who was at fault and what injuries followed.

Catastrophic Injuries After a Motorcycle Crash

A catastrophic injury is a serious injury that can require long-term care and change a person’s work and daily life. These claims are valued differently from simpler injury cases.

Georgia separates general damages from special damages. O.C.G.A. § 51-12-2 says general damages are those the law presumes to flow from a wrongful act, and they can be recovered without proof of an amount. Special damages actually flow from the act and must be proved.

Medical expenses have their own rule. O.C.G.A. § 51-12-1.1 limits special damages for medical care to the reasonable value of medically necessary care, treatment, or services. If the plaintiff has any form of public or private health insurance, including benefits under a governmental workers’ compensation program, the evidence includes both the amounts charged and the amounts actually necessary to satisfy those charges under the insurance contract or program, whether or not the insurance has been used.

Medical records, treating physicians’ notes, and billing history are central to showing these losses. The firm handles catastrophic injury claims.

When a Motorcycle Crash Results in a Death

A surviving spouse may bring a wrongful death claim after a fatal crash. If there is no surviving spouse, a child or children may do so. O.C.G.A. § 51-4-2 says the recovery is the full value of the life of the decedent, as shown by the evidence.

O.C.G.A. § 51-4-2 sets this rule.

Families can talk through how the process works with the firm.

Steps in a Georgia Motorcycle Injury Claim

The first steps after a crash are medical care, records, and evidence. Start with your health, then build the record.

1. Get medical care and keep every record, including follow-up visits and prescriptions.
2. Preserve evidence, including photos, the motorcycle, the helmet, gear, and any damaged property.
3. Get the police crash report. The Georgia Department of Transportation crash data and reporting page describes how crash reporting works.
4. Identify every insurer involved, including the at-fault driver’s policy and any policy that covers the rider.
5. Collect witness names and document the scene where possible.
6. Calculate damages, prepare a demand, and file suit before the deadline if no settlement is reached.

Each step adds to the record that a claim depends on.

How Insurance Handles a Motorcycle Accident That Was Not Your Fault

Even when another driver caused the crash, that driver’s insurer may dispute the injuries or the value of the claim. Adjusters may contact a rider early, ask for a recorded statement, and make a quick offer.

An early offer can come before the full extent of the injuries is known.

If the at-fault driver has no insurance, the rider’s own coverage may apply. O.C.G.A. § 33-7-11 reads: “(a)(1) No automobile liability policy or motor vehicle liability policy shall be issued or delivered in this state to the owner of such vehicle or shall be issued or delivered by any insurer licensed in this state upon any motor vehicle then principally garaged or principally used in this state unless it contains an endorsement or provisions undertaking to pay the insured damages for bodily injury, loss of consortium or death of an insured, or for injury to or destruction of property of an insured under the named insured’s policy sustained from the owner or operator of an uninsured motor vehicle, within limits exclusive of interests and costs which at the option of the insured shall be.”

Your own policy may matter, so the coverage question is part of the review. The firm reviews insurance questions at the first meeting.

What Not to Say After a Motorcycle Accident

Statements to an insurer, on social media, or to other people can be used to dispute a claim. Keep your account simple and accurate.

Avoid guessing about speed, fault, or injuries before the facts are known. A guess made in the first days can be repeated later and used against you.

Share the full facts with the lawyer handling the claim, so your statements can be reviewed in context. The supporting page on what not to say to a personal injury attorney covers these points in more detail.

Truck, Car, and Slip and Fall Cases Connected to Motorcycle Crashes

Many motorcycle crashes involve a passenger car or a truck, and the right practice area depends on who was involved. The firm’s car accident lawyer practice covers crashes where a passenger car struck a rider. Its truck accident lawyer practice covers commercial vehicle crashes.

Truck crashes can involve more than one party. Georgia law requires the trier of fact to consider the fault of all persons or entities who contributed to the injury, whether or not they were or could have been named as parties. O.C.G.A. § 51-12-33 sets this rule. A truck company, a driver, or another party may share the fault.

Some crashes involve road hazards or unsafe conditions on property. A hazard-based claim may fall under the firm’s slip and fall lawyer practice.

The right practice area depends on the facts, and the firm reviews those facts at the first conversation.

Where T. Madden & Associates, P.C. Practices

T. Madden & Associates, P.C. has been in practice since 1999. The firm has offices in Jonesboro (Clayton County), Atlanta, Decatur, Macon and Augusta. Riders looking for a motorcycle accident lawyer in Clayton County can contact the Jonesboro office.

Our lawyers include Terance Madden and Shenia Madden. Terance Madden is the responsible lawyer for this page. Support staff assist clients with calls, scheduling, and records.

Our team is available by phone 24/7.

Fees, Costs, and the First Conversation

The firm offers a free first consultation, which is confidential and carries no obligation to continue. The firm works on a no fee unless we win basis, but the client may still be responsible for court costs and case expenses.

Bring what you have to the first meeting. That includes the crash report, medical records, bills, and any letters from insurers. The firm can review those documents with you.

Talk With Terance Madden About Your Motorcycle Crash

If a Georgia crash has left you hurt and unsure about the deadline, the next step is a conversation about your facts. If you are a rider, passenger, or family member deciding whether to pursue a claim, contact T. Madden & Associates for a free consultation.

This page is general information and is not legal advice. Responsible lawyer: Terance Madden, T. Madden & Associates, P.C. Offices in Jonesboro (Clayton County), Atlanta, Decatur, Macon and Augusta, Georgia. Contact: https://www.tmaddenlaw.com/contact/