Motorcycle accident
Motorcycle Accident Attorneys in Atlanta, Georgia
The firms in this guide
- Henningsen Injury Attorneys, P.C. Call Henningsen Injury Attorneys, P.C.: (404) 832-8400
- Gary Martin Hays & Associates Call Gary Martin Hays & Associates: (470) 294-1674
- Scholle Law Call Scholle Law: (770) 717-5550
- Georgia Auto Law Call Georgia Auto Law: (404) 662-4949
- Montlick Injury Attorneys Call Montlick Injury Attorneys: (404) 529-6333
1. Henningsen Injury Attorneys, P.C.
Practice Focus: Motorcycle accidents, personal injury, car accidents, truck accidents, wrongful death, brain injuries, spinal cord injuries
Case Types Handled: Left-turn motorcycle accidents, intersection collisions, rear-end collisions, head-on collisions, lane change accidents, drunk driver accidents, distracted driver accidents, hit-and-run accidents, wrongful death motorcycle cases
Legal Services: Negligence investigation, accident reconstruction, evidence preservation, witness interviews, insurance claim negotiation, litigation, trial representation, settlement negotiations, uninsured/underinsured motorist claims
Background: Henningsen Injury Attorneys has been representing motorcycle accident victims in Atlanta and throughout Georgia for years. The firm focuses on personal injury cases and provides aggressive representation for injured motorcyclists against insurance companies.
Location: 1355 Peachtree Street NE, Suite 1150, Atlanta, GA 30309
Contact: (404) 832-8400 | https://www.henningsenlaw.com
Consultation: Free consultation, contingency fee basis
2. Gary Martin Hays & Associates
Practice Focus: Motorcycle accidents, car accidents, truck accidents, workers’ compensation, wrongful death, personal injury
Case Types Handled: Motorcycle accidents, car accidents, fatal, logging and DUI truck accidents, concussions and brain injuries, workers’ compensation claims
Legal Services: Personal injury and workers’ compensation claims, insight from former insurance company experience, representation in Spanish and English
Background: Gary Martin Hays & Associates is a Georgia injury firm that cites nearly 40 years of helping injured victims. Its main office is in Duluth, and it lists nine Georgia locations, including an Atlanta office on Ponce De Leon Avenue.
Location: 75 Ponce De Leon Ave NE #101, Atlanta, GA 30308
Contact: (470) 294-1674 | https://www.garymartinhays.com/
Consultation: No fee unless the firm wins
3. Scholle Law
Practice Focus: Motorcycle accidents, personal injury, car accidents, truck accidents, wrongful death, brain injuries, spinal cord injuries
Case Types Handled: Left-turn motorcycle accidents, intersection collisions, rear-end collisions, head-on collisions, lane change accidents, drunk driver accidents, distracted driver accidents, hit-and-run accidents, wrongful death motorcycle cases
Legal Services: Negligence investigation, accident reconstruction, evidence preservation, insurance claim negotiation, litigation, trial representation, settlement negotiations, uninsured/underinsured motorist claims
Background: Scholle Law has been representing motorcycle accident victims in Atlanta and throughout Georgia for decades. The firm has recovered millions of dollars in compensation for injured clients and provides personalized representation for each case.
Location: 3300 Buckeye Road, Suite 1000, Atlanta, GA 30341
Contact: (770) 717-5550 | https://www.schollelaw.com
Consultation: Free consultation, contingency fee basis
4. Georgia Auto Law
Practice Focus: Motorcycle accidents, car accidents, truck accidents, pedestrian accidents, wrongful death
Case Types Handled: Motorcycle accidents, car accidents, truck accidents, pedestrian accidents, wrongful death claims
Legal Services: Free case review with a callback within minutes, direct contact with the attorney handling the case rather than a call center, 24/7 availability
Background: Georgia Auto Law is an Atlanta firm that says auto accidents are all it does. Its Atlanta office is on Ottley Drive NE.
Location: 120 Ottley Drive NE, Studio B, Atlanta, GA 30324
Contact: (404) 662-4949 | https://georgiaautolaw.com/
Consultation: Free consultation, no fee unless the firm wins
5. Montlick Injury Attorneys
Practice Focus: Auto accidents, truck accidents, motorcycle accidents, drunk driver and hit-and-run accidents, wrongful death, workers’ compensation
Case Types Handled: Auto accidents, truck accidents, motorcycle accidents, drunk driver accidents, hit-and-run accidents, spinal cord and burn injuries, wrongful death
Legal Services: Personal injury and workers’ compensation claims on a contingency fee basis, live chat and phone intake
Background: Montlick Injury Attorneys is headquartered in Atlanta on Executive Park Drive and cites more than 40 years of experience. It lists practice pages for cities across Georgia.
Location: 17 Executive Park Dr NE, Atlanta, GA 30329
Contact: (404) 529-6333 | https://www.montlick.com/
Consultation: Contingency fee (the client pays only when the firm wins)
Helmet Rules, State Claims and Punitive Damages for Atlanta Motorcycle Crashes
An Atlanta motorcycle crash claim can raise Georgia’s helmet and eye protection statute, the notice a rider must give before suing the State over a state vehicle or employee, and how fault is assigned among everyone who contributed to the crash. Georgia law also sets when punitive damages are allowed and when the $250,000 limit does not apply.
Helmets and Eye Protection
Under O.C.G.A. 40-6-315(a), no person may operate or ride upon a motorcycle without protective headgear that complies with standards established by the commissioner of public safety, and under (b) a rider on a motorcycle without a windshield must wear an approved eye-protective device. Under (c), the section does not apply to persons riding within an enclosed cab or motorized cart, or to a person operating a three-wheeled motorcycle used only for agricultural purposes.
Claims Against the State
Under O.C.G.A. 50-21-26(a), no action may be brought on a tort claim against the State without first giving written notice within 12 months of the date the loss was discovered or should have been discovered, mailed by certified mail or statutory overnight delivery, return receipt requested, or delivered personally to the Risk Management Division of the Department of Administrative Services, with a copy to the state government entity involved.
How Fault Is Assigned
Under O.C.G.A. 51-12-33(b) and (c), the trier of fact apportions damages among the liable persons by percentage of fault, considering everyone who contributed to the injury whether or not named in the suit, and each share is not a joint liability. Under (d), a nonparty’s fault is considered if the plaintiff settled with that nonparty or a defendant gives notice at least 120 days before trial.
Punitive Damages
Under O.C.G.A. 51-12-5.1(b), punitive damages require clear and convincing evidence of willful misconduct, malice, fraud, wantonness, oppression or that entire want of care raising a presumption of conscious indifference to consequences. Under (g), the award is limited to $250,000, except under (f) against an active tortfeasor who acted with specific intent to cause harm or while substantially impaired by alcohol, by drugs other than lawfully prescribed drugs taken as prescribed, or by an intentionally consumed toxic vapor, and under (e) in product liability cases.
Atlanta Motorcycle Accident Questions
How long do I have to sue?
Two years after the right of action accrues for injuries to the person under O.C.G.A. 9-3-33, and four years for a loss of consortium claim, except as otherwise provided in that article.
Can I recover if I was partly at fault?
Yes, if you were less than 50 percent responsible. Under O.C.G.A. 51-12-33(a) and (g), damages are reduced by your percentage of fault, and a plaintiff 50 percent or more responsible recovers nothing. For example, imagine $85,000 in damages and 30 percent of the responsibility on the rider: the recovery would be $59,500.
What must a driver who hits a rider do?
Under O.C.G.A. 40-6-270(a), stop, give name, address and registration number, show a license on request, render reasonable assistance and, if the rider is unconscious or cannot communicate, make every reasonable effort to contact emergency medical services and police. Under (b), knowingly failing to do so when the crash causes death or serious injury is a felony punishable by one to five years.