Dunwoody Motorcycle Accident Attorney
Riding a motorcycle offers a sense of freedom that is unmatched by any other mode of transport. There has always been a certain sense of romantic adventure associated with a motorcycle on the open road, especially here in Georgia. At the same time, there is also a cold sense of reality that sets in when a motorcyclist is involved in an accident.
Motorcyclists only account for a small fraction of the total number of motor vehicle crashes reported in Georgia each year. Yet motorcyclists are overrepresented when it comes to reported deaths and serious injuries. The simple truth is that even the most careful and experienced motorcycle operator has effectively no protection from the full impact of a crash.
To make matters worse, far too many Georgia motorcycle accidents are the result of third-party negligence. If this describes a crash that has affected you–or someone you care about–you have the ability under Georgia law to seek compensation through a personal injury claim. Our Dunwoody motorcycle accident attorneys can help. Ponton Law represents clients throughout DeKalb County in seeking compensation for motorcyclists struggling to pay their medical bills, make up for lost income, and rebuild their lives following what should have been a preventable crash.
Understanding Your Legal Responsibilities as a Motorcyclist in Dunwoody, Georgia
Anyone who operates a motorcycle in DeKalb County, or anywhere in Georgia, needs to follow the same traffic laws as any car, truck, or similar motor vehicle. There are, however, certain rules and regulations that are specific to motorcyclists. Some of the more important ones to remember are:
- Motorcycle operators must obtain a Class M license or instructional permit to operate a motorcycle in Georgia.
- Georgia requires motorcyclists to wear a helmet with a design approved by the United States Department of Transportation. Unlike some southern states, Georgia’s helmet mandate applies to all motorcyclists, not just those under the age of 21.
- You may only ride a motorcycle with a passenger if there is a designated space on the bike. Passengers are subject to the same Georgia helmet requirements as motorcycle operators.
- Your motorcycle must have a windshield unless you are wearing a state-approved eye protection device.
- Your motorcycle must have functioning headlights, tail lights, and turn signals. Your motorcycle’s license plate must also be sufficiently illuminated so it can be read from at least 50 feet from behind.
- All motorcyclists must carry liability insurance.
Who Is Legally Responsible for a Motorcycle Accident in Dunwoody, Georgia?
The reason you need to carry liability insurance is that Georgia is an “at-fault” state. This means that when two or more drivers are involved in an accident, the driver or drivers who caused it are financially responsible for the victims’ injuries. Fault is not necessarily an “all or nothing” proposition, as Georgia follows a comparative negligence rule in personal injury cases. In other words, if a motorcycle accident case goes to trial, it is up to the jury to apportion fault between all sides.
So if you are the injured motorcyclist who sues a driver for negligence, that driver is allowed to argue your own actions contributed to–if not outright caused–the accident. You must therefore be prepared to build and present a compelling case for the driver’s liability. Liability, in turn, is based on the legal principle of negligence. In a motorcycle accident case, a defendant is negligent when they violated some duty of care owed by law to the injured motorcyclist. This can be something as straightforward as committing a traffic violation that led to a crash.
Here are just a few examples of how negligence can lead to liability for a motorcycle crash:
- The driver of a car makes a left-hand turn without yielding to an oncoming motorcycle. This is one of the most common motorcycle accident scenarios, and it is almost always the fault of the driver.
- A drunk driver is speeding, driving in the opposite lane, and collides head-on with a motorcyclist who has no time to react and get out of the way.
- There is a mechanical failure of the motorcycle caused by a defective design or defective part. In this scenario, the injured motorcyclist can file a product liability lawsuit against the manufacturer, or even a repair shop that used a bad part.
Contact Ponton Law Today
Motorcycle accidents often produce fatal or catastrophic injuries, which can include brain damage and paralysis. Many victims require a lifetime of medical care while also facing a permanently diminished quality of life. So when such losses are the result of someone else’s reckless behavior, the victims and their families have every right to seek justice.
The first step is to speak with an experienced Dunwoody motorcycle accident attorney who can explain the process to you. Contact Ponton Law today to schedule a free case evaluation.