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

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.

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

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.