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Atlanta Motorcycle Accident Attorneys

Helping Injured Bikers Pursue Compensation in Georgia

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.

We offer a free consultation to discuss your case. Call (800) 234-9556 or contact us online to get started with our motorcycle accident attorney in Atlanta.

Have You Been Injured By A Motorcycle DUI? Read More About How We Can Help You Get The Compensation You Deserve.

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:

see how we've made a difference

If you are hesitating to call us for help, take a look at our recent case results.
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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.

Punitive Damages

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. 

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 motorcycle accident attorney today to schedule a free consultation at Van Sant Law, LLC.

  • Proven Record of Results

    Van Sant Law has recovered millions in compensation for our clients’ benefit.

  • Years of Experience

    Van Sant Law is committed to professional and experienced personal injury representation.

  • Awards and Accolades

    10.0 “Superb” rating on Avvo™, Super Lawyers Rising Stars, National Trial Lawyers Association Top 40 Under 40

  • Strategic and Aggressive

    Our legal team includes former defense attorneys for large insurers who know how they settle injury claims.

  • Personal and Compassionate

    Our firm works hard to ensure that your needs are taken care of during your recovery time. We work for you so you can get your life back.

  • No Fee Guarantee

    Our firm works on a contingency fee basis. Meaning there are no fees or costs unless we recover compensation for you!

    "Van Sant Law was the right support to call after my car accident with my daughter."
    They were referred to me by a close friend of mine. Extremely professional, and asked the language I feel comfortable to discuss my case in. Alex Rusanov was my case manager and explained every aspect of my case during the process. I would highly recommend to use this law firm if you were injured in a car accident. Drive safe and stay alert!
    - Angela
    "I highly recommend him as a personal injury attorney."

    My attorney, David Van Sant and his law firm were outstanding in handling my personal injury case. I was out of work for a considerable amount of time due to an automobile accident and Mr. Van Sant and his entire team were always kind, professional, knowledgeable and especially available. This law firm did their absolute best to answer and return calls and at no time did I ever feel like just a number or stranger. My experience with Mr. Van Sant and his law firm (from beginning to end), were very positive as well as favorable. 

    - Lars S.
    "Let the Van Sant team handle your case! You're in good hands."

    Attorney David M. Van Sant is one of the best injury trial attorneys here in the Atlanta area. They are precise and unique in their approach. When I had my car accident, my whole world was turned upside down, but with Attorney Van Sant and his team of professionals dedication and quality of service, my life is back on track. 

    - Crystal
    "Very knowledgeable, straight forward and communicated with me every step of the way."

    I used Van Sant Law for my auto accident claim and I'm so glad I did! Parker, my attorney, was especially great. He really eased my pain and got me the best settlement possible. I highly recommend Van Sant Law. They did right by me and I'm very happy with their level of service.

    - Mark A.
    "David and his crew worked so hard to come to a great conclusion on my case."

    I was in a car accident with a tractor trailer two years ago and David Van Sant came highly recommended for someone I could talk to about the situation. Best decision I've ever made! He fought for me in ways that was truly amazing. Thank you David, Michael and everyone in the office.

    - Mary
    "I truly felt they were in my corner and had my best interest at heart."

    Van Sant Law was just the right people to call after my car accident. They were referred to me by a friend. They were helpful and understanding of my needs and pains. From start to finish they were helpful in explaining the process with the doctors and insurance. Thank you for getting me back on feet.

    - Abby C.
    "From the first phone call to getting my settlement check the customer service was great."

    They checked in throughout my care and gave updates as well, the process was truly a breeze! I cant thank you guys enough!

    - Tareckia S.
    "David Van Sant has been by my side through it all."

    I would like to thank everyone in Van Sant Law for answering any questions that I have in a timely manner. I can personally say, Everyone in deserves recognition for being honest, hard working, ethical, logical, dedicated people. The only reason I rated them 5 stars is because it would not let me go higher!

    - Hilary
Our Promise To You

Our firm is dedicated and committed to providing you with the best legal services possible, from your education on the issues to fighting for positive results for your case. Through a free, initial consultation, we will make sure you understand the best way to approach your case, and we’ll review any relevant documents that you provide us with to make sure we have a full, detailed picture of your situation.

Common Types of Motorcycle Crashes

Motorcycle accidents can be separated into two types: those involving another vehicle and those not. 

When Another Vehicle Is Involved

Most motorcycle accidents involve another vehicle. The most common cause of motorcycle accidents is a driver violating a motorcyclist's right-of-way. Right-of-way violations also include an automobile driver changing lanes on a highway into a motorcyclist's lane. These types of accidents can be especially dangerous since they often involve the vehicle striking the motorist from the front or side, which usually results in rider fatalities.

When Another Vehicle Is Not Directly Involved in the Crash

Motorcycle accidents that occur when another vehicle is not involved are not that common but are still deadly. Collisions with fixed objects can result in fatalities. 

Types of single-vehicle motorcycle accidents include the following:

  • Right-of-way violations. As with two-vehicle motorcycle accidents, a significant cause of single-vehicle motorcycle accidents is the violation of a rider’s right-of-way. In these cases, however, the other vehicle is not directly involved in the crash. For example, this is when a rider swerves to miss an automobile violating the rider’s right-of-way, resulting in a single-vehicle accident.
  • Rider error. Rider error involves a motorcyclist operating their bike while under the influence of drugs and/or alcohol, which frequently results in rider fatality. Additionally, it can result from a rider speeding. 
  • Vehicle failure. Another notable cause of single-vehicle motorcycle accidents is the mechanical failure of a rider’s bike. Mechanical failure can be due to something outside of a rider’s control, such as a tire puncture. It can also be caused by improper maintenance practices that could result in motorcycle malfunction.

Beyond these three primary causes, other factors could result in a single-vehicle motorcycle crash. 

These factors include:

  • Roadway defects, such as potholes
  • Phantom vehicles, which is the term used when a rider claims that they were run off the road, but no evidence (or witnesses) support the presence of another vehicle
  • Animals and pedestrians, which can result in crashes when the rider makes contact or when the rider swerves to avoid contact

Most motorcycle accidents involve another vehicle — either directly or indirectly — or some type of rider error, such as a right-of-way violation. These collisions are largely avoidable, highlighting the importance of defensive and responsible driving.

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FAQ

  • 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 provides information for beginners and experienced riders who wish to take instructional courses.
    • 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. You are exposed to weather elements, cement, other cars, and trees on a motorcycle. 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 or snow (or on a windy day). Wet and icy roadways are dangerous for cars and even more so for motorcycles. Slippery surfaces and motorcycles are not a good combination. Never head out in the snow or if there is a chance it might snow. If you are caught in the rain, immediately find shelter and wait for at least 30 minutes before riding again. Windy conditions are also not ideal for motorcycle riding.
  • What if I Wasn’t Wearing My Helmet When I Got Into a Motorcycle Accident?

    Georgia law requires that all motorcyclists wear protective headgear. Because the vast majority of motorcycle deaths result from head injuries, it is in your best interest to wear a properly fitted motorcycle helmet.

    Yet, despite the law and common sense, sometimes motorcyclists do not wear helmets and are involved in accidents. 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 when making a settlement offer.

    A skilled Atlanta motorcycle accident attorney can help prove your case and pursue a larger settlement than the insurance company initially offers.

  • If I Was Partially at Fault for My Motorcycle Accident, Can I Still Recover Damages?

    Georgia uses a “comparative negligence” framework for personal injury claims when awarding damages to injured parties. Just because you believe you may have been partly at fault in causing your motorcycle accident, it 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 determine if you may be partially at fault for your accident.

  • 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. A 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 reconstruction specialists 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 Every Motorcycle Accident Victim Receive Punitive Damages for Their Claim?

    In some egregious accident cases, victims can recover additional compensation known as punitive damages. These damages punish the responsible party. However, they are not available to every motorcycle accident victim and are limited by Georgia law.

    You may claim punitive damages if the other driver was grossly negligent or acted intentionally or with malice to harm you. Examples of situations that might lead to punitive damages include accidents where the responsible party deliberately violated traffic laws.

  • 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.

  • What if a Driver and Injured Passenger Want to File Separate Personal Injury Claims? Is This Allowed?

    Yes. Everyone who was injured in a motorcycle accident, whether the motorcycle driver or their passenger, has the legal right to file a personal injury suit 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 Claims in Georgia?

    Georgia’s personal injury laws include time limits for filing motorcycle accident claims. Known as the statute of limitations, specific time limits depend 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.

    If the defendant was a government entity (e.g., the state of Georgia or a city), that time frame is compressed.

    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 an attorney 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 firm can analyze the crime scene, obtain and interpret police reports, gather witness statements, and seek to reconstruct the accident to build a robust claim for damages.
    • Consult with experts. In many motorcycle accident claims, victims’ cases are made stronger 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. Your attorney can also help you understand whether a proposed settlement is fair. If the other party’s insurer is unwilling to agree to a reasonable settlement, your legal team can argue your case in court.

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