Motorcycle Accident Lawyer in Atlanta, GA

The Atlanta riding problem

Out on the interstates, the main danger is speed and drivers changing lanes into a rider’s blind spot. Inside the city, it is intersections. Drivers turn left across a rider’s path, pull out of side streets and parking lots, and open doors into traffic. The driver’s line is nearly always “I didn’t see the motorcycle” — which is usually an admission that they did not look properly.

When the road itself caused the crash

City riding adds a hazard car drivers barely notice: the road surface. Potholes, steel plates over trenches, loose gravel, raised manhole covers and missing pavement can throw a motorcycle. A car would just bump over them.

When a road defect played a part in a crash, there may be a claim against whoever was responsible for the road. That could be a city, a county, the state, or a contractor working on it. Claims against government bodies have short written-notice deadlines: six months for a city (O.C.G.A. § 36-33-5), and twelve months for a county or the State of Georgia. Those deadlines are strict, and they run long before the usual two-year lawsuit deadline. Photograph the defect at the scene if you possibly can — they get patched.

A construction contractor that left a dangerous condition in the road can be responsible too, and contractors are not protected by those government notice rules.

What the insurer will try

Assume the rider was speeding or weaving. Georgia reduces your recovery by your share of fault and bars it at 50% (O.C.G.A. § 51-12-33), so that assumption is worth money to them. The answer is evidence. That means traffic and business cameras, which are everywhere in the city, and witnesses. It also means where the vehicles ended up, the damage to each, and your gear, kept as it was.

Two Georgia rules come up in almost every case. Helmets are required for every rider and passenger (O.C.G.A. § 40-6-315), and lane splitting is not legal here. See motorcycle accidents for how each affects a claim.

Georgia’s Motorcycle Safety Program, run by the Department of Driver Services, offers rider training courses across the state.

Getting the record

Crashes inside the city are usually worked by the city’s police department, and serious ones by its crash investigators. The report, any reconstruction, and the officer’s body-camera footage are all worth requesting early.

Next steps

Get treated — motorcycle injuries are often more serious than they feel in the first hours. Keep the bike, helmet and gear unrepaired. Do not give a recorded statement to the driver’s insurer. Generally you have two years from the crash to file suit (O.C.G.A. § 9-3-33). If a road defect was involved, the notice deadline may be the one that matters.

Our Atlanta injury claims page covers the other crash cases we handle in the city.

More: motorcycle accidents · Atlanta personal injury · brain injuries

Common questions

Can I claim against the city if a pothole caused my crash?

Possibly, but the notice deadline is short: six months for a city (O.C.G.A. § 36-33-5) and twelve months for a county or the state. Photograph the defect before it is patched.

What if a construction contractor left the road in a dangerous condition?

The contractor can be responsible, and contractors are not protected by the government notice rules.

Who investigates motorcycle crashes inside Atlanta?

Usually the city's police department, with its crash investigators on serious cases. Request the report, any reconstruction and the body-camera footage early.

Is it worth keeping my damaged gear?

Yes. Keep the bike, helmet and gear unrepaired. They show how the impact happened, and the insurer will look for anything that supports a speeding or weaving story.

How long do I have to file after an Atlanta motorcycle crash?

Generally two years from the crash (O.C.G.A. § 9-3-33). If a road defect was involved, the shorter government notice deadline may be the one that matters.