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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.

Georgia Statute of Limitations

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The Statute of Limitations concerning a claim is among the most important deadlines to know when dealing with a car accident. Whether you dealt with a fender bender in Atlanta or a serious car accident in some other part of Georgia, you’ll need to make sure that you properly file a lawsuit against the offending party before you lose your right to forever pursue that claim. Understanding the statute of limitations for car accident claims in Georgia is essential to ensure your protection in a court of law.

Today, we are going to delve into car accident claims in Georgia to better support your understanding of the statute of limitations.

Different Limitation Periods For Your Car Accident

When we talk about filing a claim in Georgia for your car accident, we aren’t just talking about phoning the offending party’s insurance company to notify them of the claim and accident. What we are instead focusing on is the actual lawsuit you will file against the at-fault individual to acquire compensation.

In Georgia, there are two separate claims with their respective statutes of limitations.

First, a claim for property damage suffered against your vehicle must be placed within four years of the offending accident. This is a Georgia guideline and the statute of limitations can and will change depending upon where you are at in the country.

Second, a claim can be made against the at-fault party for injuries to your person. To pursue a personal injury claim, you will need to make a claim within two years of the offending accident while living in Georgia. This is a general guideline as there are exceptions that can exacerbate the timeline, granting more time.

General Exceptions For Timeline Extensions

While the Statute of Limitations for filing a claim in Georgia will sit between two and four years (depending on the claim), there are exacerbating circumstances. In Georgia, if you were injured while still under the age of majority, your two-year statute of limitations will not begin until you reach the age of majority. This gives you potentially many more years to pursue a claim.

Other circumstances may change the statute of limitations regarding the claim you are filing in Georgia. To make sure that you are properly represented for your claim, contact the team at Ananda Hall Injury Law for support.

Amanda Hall Injury Law Can Help Today!

For more than 25 years, the team at Amanda Hall Injury Law has been fighting for justice on behalf of their clients. Whether injured in an accident or harmed by the negligent actions of others, Amanda Hall Injury Law fights tooth-and-nail to become a powerful voice for their clients.

Amanda Hall Injury Law promises

  • Exceptional Attention
  • Experienced Service
  • No Recovery, No Cost

Contact Amanda HallInjury Law today at (678) 445-7423

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Fewer Cars on the Road Means an Increase in High Speed Accidents

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With restrictions due to the pandemic, it’s no surprise the amount of traffic on the road has dramatically decreased this year. You may often see much emptier roads than usual, even during typical rush hour times because more people are working from home and not heading out as much. While this can offer a more relaxing ride when you do need to go out, fewer cars on the road often means an increase in high-speed accidents. With less traffic, people are more likely to drive faster, sometimes without even realizing it, increasing the risk of collisions on the road.

Dangerous Speeds Are Increasing

It’s estimated traffic has reduced about 45 percent from what it was back in March, leaving open roads in many areas, even major metropolitan areas. Rather than traveling the set speed limit, more people are exceeding those limits and driving upwards of 100 miles per hour, even in cities where the average speed limit is lower than the open highway out in the countryside. Some motorcyclists have even been stopped going over 170 miles per hour, which can have disastrous results if an accident occurs. Changing lanes and making turns at these speeds can be extremely dangerous for everyone involved. When these high-speed crashes occur, it has devastating effects on not only the vehicle, but those who are inside it. Even though officers are issuing more tickets than ever for individuals who are driving 100 miles per hour or higher, it doesn’t seem to be slowing down.

How to Prevent High-Speed Accidents

While slowing down is the obvious answer, there are a few other steps you can take to ensure you aren’t one of those people who finds they have vastly exceeded the speed limit, increasing the risk of a high-speed accident. First and foremost, plan your route ahead of time and make sure you leave early enough to ensure you don’t find yourself feeling rushed, which is one of the biggest contributors to speeding issues. It’s also essential to pay close attention to your speedometer. Strive to keep your speeds at or below the speed limit, rather than ignoring your speedometer and just going with the flow. You can also now download speeding apps to help keep you in check as you drive. These apps, such as the Waze app, alert you when you exceed the speed limit, giving you an audio indication you need to slow down.

Nothing is worth getting into a serious accident, even arriving to your destination late. Even though there’s less traffic to contend with, there’s no reason to vastly exceed the speed limit in the name of reaching your destination more quickly. Stay safe on the road!

Motorcycle Accidents in Georgia Account for 12% of Vehicle Crash Deaths

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Motorcycle accidents are no joke in the state of Georgia. In fact, they are a growing problem, as the number of motorcycle accidents have been rising almost nonstop throughout the 2000s and 2010s. If you ride a motorcycle or are often a passenger on one, it’s crucial that you take various safety precautions. However, it’s also important to know that the future cannot be predicted, and accidents can happen even when safety measures are taken.

If you or a loved one is involved in a motorcycle accident in this area, it’s important to get a Marietta accident lawyer as soon as possible. Whether you or someone else was deemed to be at fault, an experienced motorcycle accident attorney will fight for your rights and seek out maximum compensation on your part. In the meantime, here’s what you need to know about the alarming rates of motorcycle accidents in Georgia.

What the Statistics Say

According to the Georgia Office of Highway Safety, the amount of accident fatalities involving motorcycles in the Peach State rose nearly 60 percent between 2004 and 2008 alone. Meanwhile, data from the Governors Highway Safety Association reveals that there are usually between 120 and 150 motorcycle deaths in Georgia each year. What this translates to is Georgia motorcycle accidents accounting for about 12 percent of all vehicle crash deaths in the state each year. And that’s a lot, especially when considering the fact that motorcycles only make up 2 percent of all registered vehicles in the state.

Of course, it’s not just about fatalities. Many people survive motorcycle crashes. While this is a good thing, the accident often results in massive medical bills, loss of income, damage to the bike and other personal property, and often life-changing injuries. Some people suffer permanent cognitive damage in addition to being physically impaired. According to the Centers for Disease Control and Prevention (CDC), over 30 percent of motorcycle accident injuries affect the legs and / or feet, while a whopping 33 percent affect the head and / or neck. A good Marietta accident lawyer will fight to help you get as much of these losses covered as possible so you don’t have to suffer any further.

Motorcycle Accident Cases in Georgia

There have been so many notable motorcycle accident cases in Georgia over the past few decades. And with each one, it becomes clearer that legal assistance is necessary no matter who is involved. In multiple cases, motorcycle riders were involved in accidents with other vehicles and were deemed to be not at fault, yet the investigations either took years to conclude or are still ongoing. Meanwhile, the motorcycle riders have racked up serious medical bills and incurred other losses. In other cases, motorcycle riders have lost their lives when the vehicles around them made vital driving errors.

As the Atlanta area and its suburbs continues to grow, the roads are becoming more and more congested. Too many drivers are not looking out for the motorcycle riders they should be safely sharing the road with. It’s important that you drive safely, but if you involved in an accident, contact us right away.

When to Get an Attorney

Getting medical attention is undoubtedly the most important thing that should be handled once a motorcycle accident takes place. But what about after that? Before anyone else involved comes to you with bills or claims, it’s important that you seek legal assistance as soon as you are able. The faster you do, the more efficiently the case can be handled.

At Amanda Hall Injury Law, we’ve been handling motorcycle accident cases since 1990, and we too have noticed that they account for a large amount of traffic crashes. Call our experienced Marietta accident lawyer at (678) 212-1395 for a consultation today.