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How Does Georgia’s Helmet Law Affect My Injury Case?

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According to the National Highway Traffic Safety Administration, motorcycle accidents cause roughly 5,000 fatalities per year. A majority of U.S. states have implemented helmet laws to reduce the number of deaths and serious injuries occurring in these accidents.

The state of Georgia implemented its mandatory helmet law in 1969. This law is Section 40-6-315 in the Official Code of Georgia Annotated, and it can affect your motorcycle injury case.

The Georgia Helmet Law

The Georgia helmet law is stricter than helmet laws in other states. The law requires all people on the bike to wear a helmet. This applies to bikers and passengers of all ages.

An exception to the Georgia helmet law is when a rider is in a motorized cart or enclosed cab. The biker does not need to wear a helmet while enclosed.

Helmets used by passengers and operators must be DOT-approved. Helmet standards are outlined in Federal Motor Vehicle Safety Standard No. 218. Motorcyclists must also wear DOT-approved eye protection, including most helmet shields or goggles.

Helmets and Personal Injury Claims

A common and effective defense against a personal injury case is that the plaintiff caused their injuries by not wearing a helmet. This defense is especially effective when the case involves head injuries. The defendant can prove the injuries would not have occurred or would not be as severe if the individual was wearing a DOT helmet.

Personal injury claims regarding other areas of the body are less reliant on whether the plaintiff was wearing a helmet. The helmet should not play a role in the plaintiff’s compensation for injuries unrelated to the head or helmet. However, the defense will still try to use the fact that the biker was not wearing a helmet to sway the case.

Comparative Fault in Georgia

The state of Georgia often allows the plaintiff to receive some compensation for injuries the biker may have caused to themselves. A plaintiff who the jury finds less than 50 percent at fault for his injuries may receive compensation. The jury will decide for what percentage of the injuries the biker is at fault.

Hire a Motorcycle Accident Lawyer

A qualified motorcycle accident lawyer is the best choice when dealing with a motorcycle personal injury case. The experts at Amanda Hall Injury Law know Georgia motorcycle law inside and out. We aim to help you receive the best possible compensation for your injuries, whether you or your passengers were wearing a helmet or not.

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What Is Personal Injury Law?

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What You Should Know About Personal Injury Law

At some or other, you may find yourself either filing a personal injury lawsuit or defending yourself against such a lawsuit. If you aren’t familiar with the world of personal injury law, this situation can seem confusing, unsettling or intimidating. Here are some primary points of injury injury law to help you navigate the necessary processes and procedures more confidently and successfully.

Personal Injury Law Defined

Personal injury covers issues related to injuries inflicted on a person’s body. This focus differentiates it from other types of litigation that might involve damage to someone’s property or reputation. the injury inflicted may be physical, mental, emotional, financial, or any combination of the above. Many individuals file personal injury lawsuits after discovering that they cannot achieve proper compensation for their losses through insurance claims or other means.

Types of Personal Injuries

Personal injury covers a wide range of injury types and scenarios. Common examples include:

  • Automobile accident injuries
  • Wrongful death due to negligence or dangerous working conditions
  • Slip-and-fall accidents or other workplace injuries
  • Various forms of assault, including sexual assault and assault and battery
  • Injury caused by defective products
  • Medical malpractice

Personal Injury Damages

An individual who has suffered a personal injury may have the right to request multiple kinds of damages due to hardships caused by the injury. For example, accident injury sufferers may be faced with enormous medical bills, not only for past treatment but for ongoing care. They may also have lost substantial wages or the ability to earn a wage going forward. Their lawsuit may demand financial compensation for these losses.

Personal injury damages can also take a less tangible form. You may have reason to seek financial compensation for your pain and suffering, for instance, or for the destruction of your quality of life. You might even have grounds to sue on the grounds of consortium, the loss of family or marital relations. Your attorney can help you figure out exactly what kinds of damages you should request and what dollar amounts those damages should assume.

Determination of Liability

The determination of liability can make all the difference between the full award of damages, no damages at all, or some in-between compromise number. Personal injury lawsuits generally require the plaintiff (the person bringing the lawsuit) to show that the defendant  (the person or entity being sued) caused the injury either directly or through inaction, negligence, incompetence, or other faulty behaviors.

Different states have different laws regarding how they assign or distribute liability. In a state that upholds the principle of contributory negligence, plaintiffs cannot receive any damages if they shared even one percent of the blame for the event that caused the injury. Most states, however, follow some sort of comparative negligence rule. This means that the plaintiff will receive a percentage of the requested compensation based on the percentage of fault assigned to the defendant by the court.

Our law firm can answer all your questions about personal injury cases and compensation while helping you build an effective case. Contact us today to learn more.