Motorcycle Accidents and Proving Damages
With the ever-increasing traffic in the Atlanta area and other parts of Georgia, it’s easy to understand the desire of motorcyclists to split lanes or ride between lanes of traffic. However, lane splitting is illegal in Georgia. Georgia’s Motor Vehicles and Traffic Code state that motorcyclists are not to operate a motorcycle between traffic lanes or adjacent rows of traffic.
Georgia has outlawed lane splitting since a rider weaving through traffic and riding in the middle of a lane is dangerous and could cause an accident. If you are a motorcyclist and are splitting lanes when an accident occurs, you could be found liable or negligent since breaking the law could be a factor in determining who is at fault. Georgia has a modified contributory fault law. This means a motorist can not recover compensation for an auto accident, if they are determined to be more than 50% of their fault. If the fault is below 50%, the compensation is reduced by the percentage of fault. For example, if you suffer $100,000 worth of damages but are found to be 40% at fault for the accident, you would be rewarded $60,000 ($100,000- $40,000 (40%)). Alternatively, if you suffer $100,000 worth of damage but are found 51% at fault, you would not recover anything.
For this reason, it is crucial to prove fault in a motorcycle accident. Motorcyclists can sustain severe injuries resulting in substantial damages but their compensation could be reduced drastically if they are found at any percentage “at fault” of the accident, including lane splitting. If you were significantly injured while riding a motorcycle, please contact JPattorneys to protect your rights.
At JPattorneys, we offer a free case evaluation, no obligation consultation. Once it has been determined that you have a case, we will work for you on a contingent fee basis. In other words, you don’t pay your personal injury attorney fees up-front. Instead, you sign an agreement to pay us a percentage of your settlement amount. You pay us absolutely nothing unless you recover.
**Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.