Helping Injured Bikers Pursue Compensation in ATL
Motorcycle riders need someone to protect their rights and fight for fair compensation after an accident. An aggressive and knowledgeable injury attorney can pursue medical costs, lost wages (past and future), and, in some instances, emotional pain and suffering.
If you’ve been hurt in a motorcycle accident due to someone else’s negligence, our team at Van Sant Law is here to help. You may be entitled to seek compensation. Our Atlanta motorcycle accident lawyers work on a no-win, no-fee basis. We only get paid if you get fair compensation for your injuries and property damage.
Your claim’s outcome depends on factors such as your injury’s severity and current and future medical bills. We also consider your post-accident earning ability and settlements from similar cases. David M. Van Sant, our lead attorney, is a nationally recognized trial attorney. He was named to the Georgia Super Lawyers list from 2014 through 2025, and only 5% of lawyers in the state are awarded this distinction. Trust us to help you seek the compensation you deserve.
Why Hire an Experienced Motorcycle Accident Attorney in Atlanta, GA?
Injured bikers often face unique legal challenges when trying to secure compensation after a motorcycle accident. These challenges stem from legal, practical, and societal factors. Here’s a breakdown of the most common obstacles:
- Bias Against Motorcyclists: Motorcyclists are often stereotyped as reckless, which can unfairly influence how police, insurance adjusters, and juries view the accident. This bias can lead to reduced settlements or difficulty proving the rider wasn’t at fault.
- Determining Fault and Liability: Establishing fault is often complex, especially in states with comparative or contributory negligence laws that can reduce or eliminate compensation based on the biker’s share of fault. With few witnesses and limited physical evidence, proving the exact cause of the crash is often difficult.
- Severity and Complexity of Injuries: Motorcycle accidents often result in serious or life-altering injuries, which can lead to costly medical bills and long-term recovery. Insurers may dispute the extent of the injuries to avoid paying full compensation.
- Insurance Complications: The at-fault driver may not have enough insurance to cover severe injuries, and motorcycle policies don’t always include full protection like PIP or UM/UIM coverage. Insurance companies often delay, deny, or undervalue claims to limit payouts.
- Legal Technicalities: There are strict deadlines and procedural rules that must be followed when filing a claim or lawsuit. Navigating the legal system without help can be overwhelming, especially when multiple parties may be liable.
- Economic Pressure: Injured riders often face lost income and mounting medical bills, making them vulnerable to accepting low settlement offers. The financial burden can make it hard to fight a long legal battle or afford expert legal support.
Our Atlanta motorcycle accident lawyers at Van Sant Law understand the complexities involved in motorcycle accident claims, which is why we are ready to ensure your rights and best interests are protected from start to finish.
Understanding Motorcycle Accident Claims in Atlanta, GA
Common Causes of Motorcycle Accidents
Motorcyclists must exercise extra caution on the road. However, sometimes caution is not enough. Many fatal motorcycle accidents involve collisions with other vehicles.
Errors by other drivers that lead to motorcycle accidents include:
- Speeding
- Alcohol or drug use
- Distracted driving
- Improper/unsafe lane changes
- Aggressive driving
- Perception/decision failure
Common Injuries in Motorcycle Accidents
Motorcyclists are largely unprotected from the force of a collision when they encounter large vehicles. The violent impact of an accident with a larger vehicle could result in the following serious or catastrophic injuries:
- Road rash
- Fractures (broken bones)
- Traumatic brain injury (TBI)
- Spinal cord injury
- Internal injuries
- Lacerations and cuts
- Contusions (bruises)
- Burns
- Amputations
- Whiplash
- Facial injuries
- Dislocations
- Soft tissue injuries
- Chest injuries
- Neck injuries
What Damages Could Be Recovered in a Motorcycle Accident Claim?
If we can establish liability for your accident, we can seek compensatory damages on your behalf.
These can include economic and non-economic losses, such as:
- Medical bills
- Lost wages
- Replacement services
- Surgical bills
- Rehabilitation
- Therapy
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium
- Lost earning capacity
The amount and scope of the damages will depend on the severity of your injury and the necessary treatment. Some injuries heal easily. However, other injuries can be more complex.
Additionally, punitive damages are meant to punish a defendant for egregious conduct and deter future similar conduct. You can only recover punitive damages in a motorcycle accident lawsuit if aggravating circumstances exist. Under O.C.G.A. section 51-12-5.1(B), actions must have shown oppression, wantonness, fraud, malice, willfulness, or conscious indifference to consequences for punitive damages to be warranted.
Holding Drivers Responsible for Injuries Caused
Although motorcyclists can suffer catastrophic injuries such as spinal trauma or brain damage from accidents, riders often do not get the settlements they deserve. A significant factor is that many people do not know that most accidents between motorcycles and cars are the car drivers’ fault.
You may seek to hold a negligent driver responsible for your injury. In court, you will need to show that a driver failed to use reasonable care and thus caused you to get hurt. Your attorney must establish a causal link between the driver’s failure to use reasonable care and your injury to pursue damages from that driver.
Does Georgia Have a Helmet Law?
Georgia has a mandatory helmet law. Almost every motorcyclist must wear a helmet when operating or riding a motorcycle. All motorcycle helmets are supposed to meet the standards of the Department of Transportation. The standards include requirements for penetration resistance, system effectiveness, and impact attenuation.
The head is an extremely vulnerable part of the body. Without a helmet, riders could face significant neck, brain, or skull injuries after capsizing on their motorcycle.
Riders involved in motorcycle crashes without a helmet should be aware that the insurer for an at-fault driver may try to use that against them to avoid paying damages.
Comparative Negligence
Georgia follows a rule of modified comparative negligence, under which your damages can be reduced by an amount equal to your fault. You will be barred from recovering damages if you were 50% or more responsible for the accident.
Motorcycle Product Liability
A defective component in the motorcycle can also cause an accident. A motorcycle part may have manufacturing or design flaws. In Georgia, you may be able to recover damages from a manufacturer under a theory of strict liability, negligence, or breach of warranty.
Determining what caused your accident is essential for proving fault and pursuing compensation. To determine possible causes and solutions for your case, speak with one of our skilled Atlanta motorcycle wreck attorneys. We are well aware of the most common causes of motorcycle accidents in Georgia, and we can use that information to work toward an optimal settlement.
Contact Our Atlanta Bike Accident Attorney Today
Motorcyclists and trike riders are much more prone to injury from accidents; some injuries can be catastrophic. A crash can cause the rider to collide with an automobile and the road, worsening their injuries and bringing about a complete loss of their vehicle.
Crush injuries, traumatic brain injuries, broken bones, spinal cord injuries, and many other types of harm can leave the victim in dire need of help. Even if the injuries were not severe, victims can pursue just compensation.
We have lawyers on our team who formerly defended leading national insurance companies for years. Thus, we know what insurance adjusters and lawyers will do to deny or delay a claim. As an experienced motorcycle law firm, we have seen the tactics employed to get individuals to take a fast and highly insufficient payment as a settlement. We use our knowledge to seek favorable results for our clients.
If you sustained an injury in a motorcycle accident, talk to one of our lawyers at Van Sant Law. We maintain offices in Atlanta, Alpharetta, Athens, Cumming, Duluth, Lawrenceville, Sandy Springs, and Gainesville, and we represent clients across the state of Georgia. We can sign you up electronically without face-to-face interaction when needed, but we can also visit you at home.
