Motorcycle helmet laws in Georgia can also matter after a crash. An insurance company may raise questions about helmet use if a rider suffers a head or facial injury. Hammers Car Accident & Personal Injury Lawyers helps people injured in motorcycle and other vehicle crashes in Atlanta, Georgia. Contact us today at (770) 900-9000 for a free consultation with an Atlanta motorcycle accident lawyer.
Georgia requires motorcycle drivers and passengers to wear approved helmets. Although wearing a helmet can reduce the risk of certain injuries, it does not prevent every injury or determine who caused a collision. Whether a rider wore a helmet may become relevant when evaluating an injury claim.
How Can Hammers Car Accident & Personal Injury Lawyers for a Motorcycle Accident Case in Atlanta, GA?
A motorcycle accident can leave injured riders facing medical expenses, insurance disputes, and questions about fault. Hammers Car Accident & Personal Injury Lawyers can help injured people in Atlanta, GA, understand their legal options. Whether you need an Atlanta personal injury lawyer or an Atlanta motorcycle accident attorney, our team can assist with your claim.
The firm can help by:
- Investigating how the accident happened
- Gathering evidence from the scene
- Identifying potentially liable parties
- Documenting medical expenses and other losses
- Communicating and negotiating with insurance companies
Even riders who follow traffic and safety laws can suffer serious injuries. Contact Hammers Car Accident & Personal Injury Lawyers for a free consultation to discuss your motorcycle accident claim.
Does Georgia Require Motorcycle Helmets?
Yes. Under Georgia Code § 40-6-315, motorcycle drivers and passengers generally must wear protective headgear that meets state safety standards. This requirement applies to adults as well as younger riders, although the law provides limited exceptions.
The law also covers eye protection. If a motorcycle does not have a windshield, the driver must generally use an approved form of eye protection.
What Type of Motorcycle Helmet Is Required in Georgia?
Georgia requires riders to use helmets that meet state safety rules. A rider should use a helmet made and approved for motorcycle use.
Federal safety rules can also help riders choose a helmet. The National Highway Traffic Safety Administration says helmets that meet Federal Motor Vehicle Safety Standard No. 218 have a DOT symbol on the back.
The helmet should fit well and stay secure on the rider’s head. A damaged or loose helmet may not offer as much protection in a crash.
What Happens If You Ride Without a Helmet in Georgia?
Riding without the required helmet breaks Georgia law. It can lead to legal penalties, apart from any injury claim after a crash. Helmet use may also come up if the rider seeks payment for injuries. An insurer may claim that not wearing a helmet made some injuries worse.
This does not mean the rider caused the crash. The cause of the collision and the effect of not wearing a helmet are two different issues. For example, a helmet may have little to do with a broken leg caused when a car hits a motorcycle.
Can Not Wearing a Helmet Affect a Motorcycle Accident Claim?
Georgia follows a modified comparative fault rule. Under Georgia Code Section 51-12-33, a person’s payment can be reduced if they share fault for their injuries.
A rider who is less than 50% at fault may still recover damages. Their payment can be reduced based on their share of fault. A person who is 50% or more at fault cannot recover damages under this rule.
Not wearing a helmet does not necessarily mean a rider contributed to causing the collision. However, an insurer may argue that the lack of a helmet contributed to the severity of a head injury. Whether that argument affects compensation depends on the evidence and applicable law. Medical records and expert testimony may help establish whether wearing a helmet would have made a difference.
What Compensation Is Available After a Motorcycle Accident?
A motorcycle crash can cause serious harm even when the rider wears an approved helmet. A rider may seek payment when another person causes the crash through careless actions.
A claim may include payment for:
- Medical bills
- Future medical care
- Lost wages
- Loss of future income
- Property damage
- Pain and suffering
- Lasting injuries or disability
The value of a claim depends on the injuries, fault, insurance coverage, and other facts of the crash.
How Long Do You Have to File a Motorcycle Accident Lawsuit in Georgia?
Georgia generally gives an injured person two years to file a personal injury lawsuit.
Some cases have shorter deadlines or added rules. For example, claims against government agencies may require notice much sooner.
It is also easier to find evidence soon after a crash. Videos may be deleted, witnesses may become harder to find, and other proof may be lost over time.
What Should You Do After a Motorcycle Accident?
After a crash, get medical care and report the accident to the police. If you can, take photos of the scene, motorcycle, other vehicles, and your safety gear.
Keep your helmet after the crash, even if it is damaged. Its condition may help show the force of the impact. It may also be useful if an insurer raises questions about helmet use.
Save your medical bills, repair costs, and proof of missed work. These records can help show how the crash affected you.
Contact Our Atlanta Motorcycle Accident Lawyers Today for a Free Consultation
Georgia requires motorcycle drivers and passengers to wear approved helmets. A helmet can lower the risk of a serious head injury, but it cannot stop another driver from causing a crash.
Hammers Car Accident & Personal Injury Lawyers can look into the crash and deal with disputes about fault, helmet use, and injuries. Contact our Atlanta motorcycle accident attorneys for a free consultation to discuss your legal options and learn how motorcycle helmet laws in Georgia may affect your claim.
