GA Motorcycle Accident? Know Your Rights in Johns Creek

Misinformation surrounding motorcycle accidents in Georgia, especially in areas like Johns Creek, can severely impact your ability to recover fair compensation. Are you sure you know your rights after a motorcycle accident?

Myth 1: If I Was Partially at Fault, I Can’t Recover Anything

This is a common misconception, and it’s simply not true under Georgia law. The idea that any degree of fault bars you from recovery is a damaging myth.

Georgia operates under a modified comparative negligence system. This is defined in O.C.G.A. § 51-12-33. What this means is that you can still recover damages even if you were partially at fault for the motorcycle accident. However, there’s a catch: you can only recover if you are less than 50% at fault. If you are found to be 50% or more at fault, you are barred from recovering anything. For more information, see our article on being less than 50% at fault.

Let’s say, for example, you were involved in a motorcycle accident at the intersection of Medlock Bridge Road and State Bridge Road in Johns Creek. You were speeding slightly, but the other driver ran a red light. If a jury determines you were 20% at fault for speeding and the other driver was 80% at fault for running the red light, you can still recover 80% of your damages. If, however, you were deemed 50% at fault, you recover nothing.

Myth 2: You Don’t Need a Police Report if the Accident Seems Minor

This is a dangerous assumption that can significantly hurt your chances of a successful claim. Always, always, always get a police report, even if the damages seem minimal.

A police report serves as an official record of the motorcycle accident. It contains crucial information, such as the date, time, and location of the accident; the names and contact information of all parties involved; witness statements; and the officer’s opinion on who was at fault. Without a police report, it becomes much harder to prove your case and establish liability.

I remember a case we handled a few years ago. My client was involved in a minor fender-bender on McGinnis Ferry Road. He thought, “No big deal,” and didn’t call the police. Later, the other driver claimed my client was at fault and that the damages were far more extensive than initially apparent. Because there was no police report to corroborate my client’s version of events, we had a much harder time proving our case. Don’t make that mistake. Document everything.

Myth 3: Motorcycle Insurance Always Covers Everything

Unfortunately, motorcycle insurance coverage isn’t always as comprehensive as people believe. While Georgia law requires motorcyclists to carry minimum insurance coverage, these minimums may not be sufficient to cover all of your damages in a serious accident. The minimum liability coverage in Georgia is currently \$25,000 per person and \$50,000 per accident for bodily injury, and \$25,000 for property damage, as defined by the Georgia Department of Insurance [Georgia Department of Insurance](https://oci.georgia.gov/).

Furthermore, many policies have exclusions or limitations that can further reduce coverage. For example, some policies may exclude coverage for accidents that occur while the rider is participating in a race or competition. Others may have limitations on coverage for certain types of injuries, such as those caused by pre-existing conditions.

Here’s what nobody tells you: many drivers carry only the minimum insurance required by law. If you suffer severe injuries in a motorcycle accident caused by a driver with minimum coverage, that coverage may not be enough to fully compensate you for your medical bills, lost wages, and pain and suffering. In these situations, you may need to explore other options, such as filing an uninsured/underinsured motorist claim or pursuing a personal injury lawsuit. It’s important to avoid getting robbed in GA motorcycle accident claims.

Myth 4: You Have Plenty of Time to File a Lawsuit

This is a dangerous misconception. Time is not on your side after a motorcycle accident.

In Georgia, there’s a statute of limitations for filing personal injury lawsuits, including those arising from motorcycle accidents. According to O.C.G.A. § 9-3-33, you generally have two years from the date of the accident to file a lawsuit. If you miss this deadline, you lose your right to sue for damages.

Two years might seem like a long time, but it can pass quickly, especially when you’re dealing with injuries, medical treatments, and insurance claims. It’s crucial to consult with an attorney as soon as possible after a motorcycle accident to protect your rights and ensure that you don’t miss the statute of limitations. Remember that your next steps matter most after a crash.

We had a case last year where a potential client contacted us just a few weeks before the two-year deadline. He had been seriously injured in a motorcycle accident in Johns Creek but had delayed seeking legal advice because he thought he had plenty of time. We were able to quickly investigate the case and file a lawsuit before the deadline, but it was a close call. Don’t wait until the last minute.

Myth 5: Hiring a Lawyer is Too Expensive

The fear of legal fees prevents many people from seeking the help they need after a motorcycle accident. They assume they can’t afford a lawyer, so they try to handle the claim themselves.

Most personal injury attorneys, including those specializing in motorcycle accidents, work on a contingency fee basis. This means that you don’t pay any attorney’s fees unless and until you recover compensation. The attorney’s fee is typically a percentage of the settlement or jury award. This arrangement makes legal representation accessible to people who might not otherwise be able to afford it.

Consider this case study: A client was involved in a motorcycle accident on Peachtree Parkway in Johns Creek. The insurance company offered him \$5,000 to settle his claim, which he considered accepting. However, he decided to consult with us first. After investigating the case, we determined that his damages were much higher than the insurance company had offered. We filed a lawsuit and ultimately obtained a settlement of \$75,000 for our client. Even after paying our attorney’s fees, he received significantly more money than he would have if he had accepted the insurance company’s initial offer. To protect your claim in Johns Creek, consult with an attorney.

The truth is, hiring a lawyer can actually increase your chances of recovering fair compensation. An experienced attorney can negotiate with the insurance company, gather evidence to support your claim, and represent you in court if necessary.

Don’t let misinformation dictate your next steps after a motorcycle accident in Georgia. Understanding your rights is the first step toward protecting them.

Navigating the aftermath of a Johns Creek motorcycle accident can be complex, but knowing your rights is paramount. Don’t let myths and misconceptions jeopardize your chances of recovering the compensation you deserve. Seek qualified legal counsel to ensure your best interests are protected.