# Atlanta Motorcycle Accident Lawyers | Free Consultations **Table of Contents***[*Expand*]* 1. Why Hire Our Experienced Motorcycle Accident Attorneys in Atlanta, GA? 2. We're Ready to Handle Your Legal Needs 3. Common Causes of Motorcycle Accidents 4. Common Injuries in Motorcycle Accidents 5. What is Georgia's Helmet Law? 6. What Damages Can Our Atlanta Motorcycle Accident Lawyers Help You Pursue? 7. Holding Drivers Responsible for Injuries Caused 8. Atlanta Motorcycle Accident Frequently Asked Questions 9. Contact Our Atlanta Motorcycle Accident Attorneys Today [![David M. Van Sant, Owner and Attorney at Van Sant Law](https://www.vansantlaw.com/wp-content/uploads/2026/02/david-m-van-sant-headshot-5.jpeg)](https://www.vansantlaw.com/team/david-m-van-sant/) Reviewed By [David M. Van Sant](https://www.vansantlaw.com/team/david-m-van-sant/) Owner, Attorney Last Reviewed: October 2026 Motorcycle riders should have someone to protect their rights and fight for fair compensation after an accident. An aggressive and knowledgeable Atlanta motorcycle accident lawyer can help you 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 personal injury lawyers](https://www.vansantlaw.com/) work on a no-win, no-fee basis. We only get paid if you get compensation for your injuries and property damage. We have**decades of combined experience**, and we’re ready to fight for you. Contact us now to learn more about how we can assist with all of your legal needs. ## Why Hire Our Experienced Motorcycle Accident Attorneys in Atlanta, GA? Injured bikers often face unique legal challenges when trying to secure compensation after a motorcycle collision. These challenges stem from legal, practical, and societal factors. Having a dedicated personal injury attorney on your side allows you to face every challenge head-on and may **improve your chances of getting fair compensation**. Here’s a breakdown of the most common obstacles faced by bikers after a motorcycle crash: - **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 under Georgia’s comparative negligence rule, which can reduce or eliminate compensation based on the rider’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 crashes often result in serious or life-altering injuries, which can lead to costly medical expenses 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 expenses, 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 accident claims, which is why we are ready to ensure your rights and best interests are protected from start to finish. ### Our 72-Hour Process Our motorcycle accident lawyers in Atlanta make a point of optimizing the first 72 hours following a motorcycle collision. While you prioritize your physical recovery, we cover your scene investigation and help preserve the data that can help defend your case for collision compensation. We also help with bike preservation, protecting your right to reference the damage done to a bike when discussing the nature of your accident. We can also send insurance hold letters. Finally, our early involvement in your recovery makes it simpler to secure key medical documentation discussing the severity of your injuries. For a free legal consultation with a motorcycle accident lawyer serving Atlanta, call [770-886-9199](tel:+17708869199) ## We’re Ready to Handle Your Legal Needs [David M. Van Sant](https://www.vansantlaw.com/team/david-m-van-sant/), our lead attorney, is a nationally recognized trial attorney. He was named to the Georgia Super Lawyers list, the Million Dollar Advocates Forum, and the Multi-Million Dollar Advocates Forum. We also have a reputation for success, recently securing $5 million for a client after a motorcycle crash. While past results do not guarantee future outcomes, you can review our [case results](https://www.vansantlaw.com/case-results/) to see more of our verdicts and settlements. Insurance companies use Georgia’s helmet law to reduce motorcycle injury awards. We know exactly how to counter those arguments and protect our clients’ right to a full recovery. ### Our Verdicts Our Atlanta, GA, motorcycle collision attorneys fight tooth and nail on behalf of accident victims. We do not accept lowball settlement offers but demand that insurance adjusters take the full extent of our clients’ losses into account. For example, A Van Sant client struck by a left-turning driver on Peachtree Road suffered a broken femur and recovered $5 million after the insurer tried to reduce the award citing helmet non-use. You can discuss what steps we can take to value your case as we investigate the negligence that contributed to your losses. Atlanta Motorcycle Accident Lawyer Near Me [770-886-9199](tel:+17708869199) ## Common Causes of Motorcycle Accidents Motorcyclists must exercise extra caution on the road. However, sometimes caution is not enough. Driver error causes most of these crashes. Some of the most **common causes of motorcycle crashes include**: - Speeding - Alcohol or drug use - [Distracted driving](https://www.cdc.gov/distracted-driving/about/index.html) - Improper/unsafe lane changes - Reckless driving - Failure to see or react to a motorcycle in time According to GDOT data, there are several motorcycle crash corridors in Atlanta that you can take particular care on if you want to avoid a serious accident. I-285, Peachtree Road, and Piedmont Avenue are **especially dangerous for motorcyclists**. ### We Can Help with Crashes Caused by Product Defects 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. You can schedule a free consultation with our team to learn more about your right to product liability damages after a collision. [Click to contact](https://www.vansantlaw.com/contact-us/) our Atlanta Personal Injury Lawyers today ## 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)](https://www.mayoclinic.org/diseases-conditions/traumatic-brain-injury/symptoms-causes/syc-20378557) - [Spinal cord injury (SCI)](https://www.mayoclinic.org/diseases-conditions/spinal-cord-injury/symptoms-causes/syc-20377890) - Internal injuries - Lacerations and cuts - Contusions (bruises) - Burns - Amputations - Whiplash - Facial injuries - Dislocations - Soft tissue injuries - Chest injuries - Neck injuries You need to get medical treatment right away after a crash. Getting fast medical care can connect your injuries directly to the crash, making it easier for you to secure fair compensation for your healthcare expenses. We have professional connections with representatives at local hospitals like Grady Memorial and Piedmont Atlanta and can capitalize on those relationships when the time comes to demand compensation for your injuries. Complete a [Free Case Evaluation form](https://www.vansantlaw.com/contact-us/) now ## What is Georgia’s Helmet Law? Georgia has a mandatory helmet law. Under [Georgia Code § 40-6-315](https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=7b935169-45a4-484b-9473-f03a4c83c860&nodeid=ABOAAHAAOAAFAAH&nodepath=%2FROOT%2FABO%2FABOAAH%2FABOAAHAAO%2FABOAAHAAOAAF%2FABOAAHAAOAAFAAH&level=5&haschildren=&populated=false&title=40-6-315.+Headgear+and+eye-protective+devices+for+riders.&config=00JAA1MDBlYzczZi1lYjFlLTQxMTgtYWE3OS02YTgyOGM2NWJlMDYKAFBvZENhdGFsb2feed0oM9qoQOMCSJFX5qkd&pddocfullpath=%2Fshared%2Fdocument%2Fstatutes-legislation%2Furn%3AcontentItem%3A6348-FY71-DYB7-W2W9-00008-00&ecomp=8gf5kkk&prid=b6cb0d3e-9dbf-4cbd-ab80-c10b249a57c3), 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, including requirements for penetration resistance, system effectiveness, and impact attenuation. Although the fact that you were not wearing a helmet at the time of the accident should not prevent you from recovering damages due to someone else’s negligence, it is a critical factor that the insurance companies will consider. Georgia’s helmet law can impact questions of comparative negligence and leave you vulnerable to medical liens, under certain circumstances. If your insurer wants to invoke subrogation and recover costs from an at-fault driver’s provider, you need an attorney to help you prove that you weren’t at fault or in violation of the law. ### Does Georgia’s Helmet Law Impact Your Recovery? Some insurance companies can reference Georgia’s helmet law in an effort to deny you financial support after an accident. However, there’s recourse available to you via the legal process if you believe that insurance adjusters are referencing this law in bad faith. According to [O.C.G.A. § 33-4-6](https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=b969e26c-96d6-4baf-8438-a9405f15580c&nodeid=ABHAAFAAH&nodepath=%2FROOT%2FABH%2FABHAAF%2FABHAAFAAH&level=3&haschildren=&populated=false&title=33-4-6.+Liability+of+insurer+for+damages+and+attorney%E2%80%99s+fees%3B+notice+to+Commissioner+and+consumers%E2%80%99+insurance+advocate.&config=00JAA1MDBlYzczZi1lYjFlLTQxMTgtYWE3OS02YTgyOGM2NWJlMDYKAFBvZENhdGFsb2feed0oM9qoQOMCSJFX5qkd&pddocfullpath=%2Fshared%2Fdocument%2Fstatutes-legislation%2Furn%3AcontentItem%3A6348-FXD1-DYB7-W02F-00008-00&ecomp=6gf5kkk&prid=9dcf8761-7b7b-423b-9f7d-3feaf89aab76), insurance companies that refuse to offer you reasonable financial support by wrongfully invoking Georgia’s helmet laws or otherwise engaging in bad faith practices may owe you more financial support than initially planned. Specifically, they must pay a 50% penalty in addition to attorneys’ fees, as applicable. ## What Damages Can Our Atlanta Motorcycle Accident Lawyers Help You Pursue? If we can establish liability for your accident, we can seek compensatory damages on your behalf for all the losses you sustain. These can include **economic and non-economic losses**, such as: - Medical bills, including surgeries, medications, rehabilitation, and physical therapy - Lost wages - Replacement services - Pain and suffering - Loss of enjoyment of life - Loss of consortium - Lost earning capacity Your claim’s outcome depends on factors such as your injury’s severity and current and future medical bills. We’ll also consider your post-accident earning ability and settlements from similar cases. We can help you pursue the funds you need through an insurance claim or a personal injury lawsuit. We work on a contingency fee basis, too, so you won’t need to worry about upfront costs when you reach out to our team for support. ### Punitive Damages and Motorcycle Crash Claims Punitive damages are meant to punish a defendant for egregious conduct and deter future similar behavior. You can only recover punitive damages in a motorcycle accident lawsuit if aggravating circumstances exist. Under Georgia Code § 51-12-5.1, punitive damages are warranted only if the liable party’s conduct shows oppression, wantonness, fraud, malice, willfulness, or conscious indifference to consequences. They are not available to every motorcycle accident victim and are limited by Georgia law. Examples of situations that might lead to punitive damages include accidents where the responsible party deliberately violated traffic laws or was a repeated drunk driving offender. ## 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. We can**fight to hold a negligent driver responsible for your injury**. We will need to show that a driver failed to use reasonable care and thus caused you to get hurt. We must establish a causal link between the driver’s failure to use reasonable care and your injury to pursue damages from that driver. ## Atlanta Motorcycle Accident Frequently Asked Questions Have questions? We are here to help. You can learn even more by reaching out to our team for further assistance. ### I Am Considering Getting a Motorcycle. What Safety Tips Should I Be Aware of Before I Hit the Open Road? Motorcyclists should follow the same general safety measures that all drivers follow. However, motorcycles, by their nature, expose riders to more elements and, therefore, have the potential to be more dangerous than “regular” vehicles. A few safety measures motorcyclists should take to heart include the following: - **Take a Motorcycle Safety Course**: For obvious reasons, driving a motorcycle differs from driving a 4-wheel car. Motorcycle driving techniques, including safely handling traffic, turning, and braking, require some instruction and practice. The[Georgia Department of Driver Services Motorcycle Safety Program](https://online.dds.ga.gov/motorcycle/) provides more information. - **Always Inspect Your Bike Before You Ride**: Just as a pilot thoroughly checks their plane from top to bottom before flying, riders should inspect their bikes before they ride every time. Look for adequate fluids and properly functioning brakes, gears, mirrors, and chains. Maintaining sufficient tire pressure is also very important. - **Wear Protective Gear**: In a crash, you could hit the cement, another car, or a tree. Wearing a properly fitted motorcycle helmet, sufficient protective eyewear, thick pants, jackets, gloves, and boots can provide protection if you are in an accident. Additionally, it is a good idea to wear bright and visible clothing. - **Do Not Hit the Road in the Rain, Snow, or Heavy Winds**: Wet and icy roadways are dangerous for cars and even more so for motorcycles. Slippery surfaces and motorcycles are not a good combination. ### Do I Need to File an SR-13 After a Motorcycle Accident? You may need to file an SR-13 after an accident, yes. An SR-13, or a personal report of an accident, lets you detail the nature of a collision when an officer with the Atlanta Police Department does not respond to your accident or make a report. If officers do not respond to your scene, you can work with our team to file an SR-13. Filing an SR-13 lets you verify that you and other parties, as applicable, suffered injuries as a result of someone else’s negligence. You can also list all of the vehicles involved in your accident, making it easier to contact applicable parties and their insurers at a later date. ### If I Was Partially at Fault for My Motorcycle Accident, Can I Still Recover Damages? Georgia uses a “comparative fault” framework ([O.C.G.A. § 51-12-33](https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=b5fcaef8-b500-4a37-8604-2dfa0cf25ac3&nodeid=ABZAANAADAAF&nodepath=%2FROOT%2FABZ%2FABZAAN%2FABZAANAAD%2FABZAANAADAAF&level=4&haschildren=&populated=false&title=51-12-33.+Reduction+and+apportionment+of+award+or+bar+of+recovery+according+to+percentage+of+fault+of+parties+and+nonparties.&config=00JAA1MDBlYzczZi1lYjFlLTQxMTgtYWE3OS02YTgyOGM2NWJlMDYKAFBvZENhdGFsb2feed0oM9qoQOMCSJFX5qkd&pddocfullpath=%2Fshared%2Fdocument%2Fstatutes-legislation%2Furn%3AcontentItem%3A65G4-03P3-GXF6-814K-00008-00&ecomp=bgf5kkk&prid=63f7d09f-2cf3-4b45-8674-747ae39ff0c5)) for personal injury claims when awarding damages to injured parties. Your alleged fault may not necessarily preclude you from bringing a legal claim. In cases where it is determined that injured parties are partially at fault for an accident, the court will reduce their recovery amounts by the percentage they are found to be at fault. For example, if the court finds that an injured party was 20% at fault for the motorcycle accident that caused their injuries, the resulting damage award is reduced by 20%. However, if the court finds that an injured party is 50% or more responsible for causing the accident, they may be barred from recovering any damages. Your local Atlanta motorcycle personal injury attorney can evaluate your case and help you address any comparative fault complications throughout your recovery. ### Why and When Should I Contact a Lawyer to Represent Me in My Motorcycle Accident Case? The legal system is complex and can be overwhelming. It is beneficial to consult with a knowledgeable, reputable motorbike accident lawyer with significant experience handling such cases as soon as possible.  An Atlanta motorcycle accident lawyer can evaluate your case, listen to your concerns, and counsel you on whether you have a solid claim. They can then work to build robust arguments. In doing so, they can: - Identify, collect, and analyze all relevant reports and statements. - Conduct an independent investigation of the accident scene and other physical evidence. - Preserve as much material evidence as possible. - Gather and analyze your medical records. - Hire any necessary expert witnesses and carry out accident reconstruction to help determine liability. - Interview witnesses, submit written questions to the defendant that they must answer under oath, and conduct necessary depositions. - Negotiate with the defendant’s insurance company on your behalf to seek a fair settlement. - Be ready, willing, and able to head to trial (if necessary). ### Can a Victim’s Family Members Sue for Wrongful Death After a Motorcycle Accident? When someone dies due to another person’s negligence, it is referred to as wrongful death. Wrongful death claims can occur when a motorcycle driver or passenger is killed during the crash or dies because of injuries sustained in the crash. Surviving family members can file a lawsuit against the offender, seeking to recover compensation for the victim’s final expenses, including medical crash-related expenditures and funeral costs, lost income, pain and suffering, loss of companionship, and loss of consortium. An [Atlanta wrongful death lawyer](https://www.vansantlaw.com/atlanta-ga/wrongful-death-lawyer/) can assist with this process while you take time to grieve and care for your family. ### What if a Driver and Injured Passenger Want to File Separate Personal Injury Claims? Everyone who was injured in a motorcycle accident, whether the motorcycle driver or their passenger, has the legal right to file a personal injury lawsuit seeking compensation from the responsible party. However, in cases where the motorcycle driver had some responsibility for the accident, their claim could be barred or reduced due to Georgia’s comparative negligence statute. ### Are There Deadlines for Filing Motorcycle Accident Lawsuits in Georgia? Georgia’s personal injury laws include time limits for filing motorcycle accident lawsuits. Known as the statute of limitations, the specific time limit for a case depends on several factors, including the type of claim and the defendant. After most motorcycle accidents, victims have **two years**from the accident date to file a claim for damages, per [Georgia Code § 9-3-33](https://advance.lexis.com/documentpage/?nodeid=AAJAAEAADAAR&nodepath=%2fROOT%2fAAJ%2fAAJAAE%2fAAJAAEAAD%2fAAJAAEAADAAR&level=4&haschildren=&populated=false&title=9-3-33.+Injuries+to+the+person%3b+injuries+to+reputation%3b+loss+of+consortium%3b+exception.&config=00JAA1MDBlYzczZi1lYjFlLTQxMTgtYWE3OS02YTgyOGM2NWJlMDYKAFBvZENhdGFsb2feed0oM9qoQOMCSJFX5qkd&pddocfullpath=%2fshared%2fdocument%2fstatutes-legislation%2furn%3acontentItem%3a6348-FS71-DYB7-W3RS-00008-00&ecomp=bgf5kkk&crid=0e3c96df-1d65-4cb1-b81a-ee8fdd07f4bf&prid=144852e5-92aa-4a9c-80cb-15b139d19d3b). Some exceptions apply, such as if the defendant was a government entity (e.g., the state of Georgia, Fulton County, or a city). In that case, the time frame to file a lawsuit is likely shorter. You can discuss statute of limitations complications with our team in more detail. Generally, victims should seek legal counsel as soon as they feel up to doing so after an accident. Swift legal intervention can help preserve the right to seek compensation. It can also be easier to obtain relevant evidence to support your claim before significant time has passed. ### How Can an Attorney Help Motorcycle Accident Victims? Engaging a motorcycle accident attorney in Atlanta to help with your motorcycle accident claim means you have a knowledgeable advocate in your corner, fighting for your right to pursue fair compensation. While your lawyer’s specific actions will depend on the facts and circumstances of your claim, they are likely to take the following steps on your behalf: - **Investigate**: Your personal injury law firm can analyze the crash site, obtain and interpret police reports, gather witness statements, and work with accident reconstruction specialists to build a robust claim for damages. - **Consult with experts**: In many motorcycle accident claims, victims’ cases are strengthened through testimony from medical experts, vocational professionals, economists, accident reconstructionists, and others who can use their subject matter expertise to establish liability, value damages, and testify about the nature and extent of victims’ injuries. - **Negotiate/litigate**: Your lawyer can communicate and negotiate directly with the other party and their insurance company, arguing for the compensation you deserve. They can also help you understand whether a proposed settlement is fair. If the other party’s insurer will not agree to a fair settlement, your legal team can argue your case in court. We’re here to provide the assistance you deserve after a collision. ### How Do I File for Court Proceedings in Fulton County State Court? Fulton County State Court requires anyone interested in pursuing a civil case to file for court proceedings electronically. You can fill out a Fulton County Civil E-File Order, along with an attorney. You can register for an online account through the[Fulton Superior Court website](https://www.fultonsuperiorcourtga.gov/e-file). We recommend waiting until you’ve connected with an attorney before you begin filing for civil action. This process can be confusing, especially if you need help organizing any evidence you need to prove your right to motorcycle accident compensation. ### Can I Financially Recover From an Accident With an Uninsured Motorist? Georgia law ([O.G.C.A. § 33-7-11](https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=02afceb1-ea27-4f5e-b3c5-f312d4c23e4d&nodeid=ABHAAIAAP&nodepath=%2FROOT%2FABH%2FABHAAI%2FABHAAIAAP&level=3&haschildren=&populated=false&title=33-7-11.+Uninsured+motorist+coverage+under+motor+vehicle+liability+policies.&config=00JAA1MDBlYzczZi1lYjFlLTQxMTgtYWE3OS02YTgyOGM2NWJlMDYKAFBvZENhdGFsb2feed0oM9qoQOMCSJFX5qkd&pddocfullpath=%2Fshared%2Fdocument%2Fstatutes-legislation%2Furn%3AcontentItem%3A65DR-6YT3-CGX8-04BN-00008-00&ecomp=6gf59kk&prid=5d272702-4358-466a-8176-5c5f6e8a9f76)) requires all of its insurers to offer underinsured and uninsured motorist coverage, or UM. This coverage ensures that people involved in collisions with drivers who don’t have reasonable coverage, or any coverage at all, can financially recover from a collision. It’s up to you to decide how much UM you want to invest in. You can work with our attorneys to communicate with your provider after an accident and demand coverage under the UM policy that you invested in. ## Contact Our Atlanta Motorcycle Accident Attorneys Today You can turn to our team at Van Sant Law for help from a dedicated Atlanta motorcycle accident attorney after a collision. 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 used to get individuals to accept a fast, insufficient 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 represent clients across Georgia. We never settle a case unless the client is happy with the result; that is the Van Sant Law client satisfaction guarantee. Call or text [770-886-9199](tel:+17708869199) or complete a [Free Case Evaluation form](https://www.vansantlaw.com/contact-us/) --- Source: https://www.vansantlaw.com/atlanta-ga/motorcycle-accident-lawyer/