How Georgia-™s Comparative Negligence Laws Affect Motorcycle Accident Cases
If you were hurt in a motorcycle accident because someone demonstrated negligence, you can file a personal injury claim. However, damage recovery can be accompanied by multiple difficulties. It becomes especially complicated when the fault is not apparent.
Since Georgia follows a modified comparative negligence law, both parties at fault for the crash have the opportunity to recover damages. Understanding how the split works can help you make educated legal decisions.
Understanding Georgia's Modified Comparative Negligence Rule
Georgia's modified comparative negligence system, described in O.C.G.A. § 51-12-33, applies when more than one person is at fault for an accident, including motorcycle crashes. Instead of blocking compensation when several people are involved, the law allows them to recover damages under certain conditions.
The key rule is the 50% fault threshold. You can only recover compensation if you are less than 50% at fault for the crash. If you are 50% or more responsible, you cannot recover damages.
If you are partly at fault but still under the 50% limit, the insurance company will reduce your payment by your percentage of fault. For example, if your damages are $100,000 and you are 20% at fault, you would receive $80,000.
Common Fault Scenarios for Motorcyclists
Motorcyclists are sometimes unfairly blamed for crashes. Still, some actions can actually increase a rider's share of fault. Insurance companies and lawyers look closely at how the rider behaved when deciding who is responsible.
Common scenarios that may raise a motorcyclist's share of fault include:
Speeding: Even a slight increase in speed can be enough to argue for a reduced reaction time.
Failure to signal: Not signaling turns or lane changes leads to claims of unpredictability.
Lane splitting: Such behavior can easily complicate liability determinations.
Aggressive riding behaviors: Weaving through traffic or stopping suddenly.
Even when another driver caused the crash, evidence of risky riding may increase your fault percentage and reduce your compensation.
Protecting Your Motorcycle Accident Claim
Taking the right steps immediately after a crash can help protect your claim and limit how much fault is assigned to you. Evidence is especially important in shared-fault cases.
You should focus on:
Collecting evidence such as photos of the scene, vehicle damage, road conditions, and traffic signals
Securing witness statements before memories fade or witnesses leave the scene
Seeking prompt medical care, even if injuries seem minor at first
It is very important to avoid admitting fault, whether at the scene or during conversations with insurance adjusters. Statements made in the heat of the moment can later be used to argue that you accepted responsibility. This will increase your fault percentage under Georgia's comparative negligence rules.
The Role of Insurers and the Importance of Legal Representation
Insurance companies frequently use comparative negligence to minimize payouts. Adjusters may argue that your actions contributed more to the crash than the evidence supports, pushing your fault percentage closer to 50%.
Strong legal representation can make a major difference in a motorcycle accident case. An experienced attorney can:
Challenge unfair fault assessments.
Gather supporting evidence.
Negotiate aggressively on your behalf.
Without legal help, injured riders may unknowingly accept reduced settlements or make statements that damage their claim.
Recovering Reasonable Compensation in a Motorcycle Accident Case
In Georgia, you can recover damages only if you are less than 50% at fault. However, your compensation will be reduced based on your share of responsibility. Common riding behaviors, insurer tactics, and early decisions after a crash can all impact the outcome of your claim.
If you were injured in a motorcycle accident, working with experienced legal counsel can help protect your rights and maximize your compensation. For immediate assistance after a crash, visit SteelHorse Law's Motorcycle Accident Legal Services page to explore your legal options.
Image credit: // Shutterstock // Branislav Cerven
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