Motorcycle Accidents

Back to Practice Areas

Often, motorcycle accidents are caused by a negligent or careless driver. If you or a loved one has been injured or killed in a motorcycle accident because of someone else's negligence, you don't have to deal with it alone. I'm attorney Benjamin O. Bengtson, and I represent motorcycle accident victims in Atlanta, Georgia and surrounding areas.

Who is at Fault in Most Motorcycle Accidents?

It's no secret that there is often bias against motorcyclists. Many people think of motorcyclists as reckless risk-takers and rebels, though most drive safely. Far too often, if a car was involved in the accident, the motorcyclist is assumed to have been at fault, especially by the insurance company of the car driver. Sometimes, even a motorcyclist's own insurance company will assume that the motorcycle rider was at fault! That's just one reason why you need an experienced personal injury accident attorney like me fighting for you. Though fewer motorcycle accident injuries happen than car accidents, they are much more likely to be fatal, serious or permanent, simply because a motorcyclist is much more vulnerable than the occupant of a car.

Costs of a Motorcycle Accident Injury

Few people realize just how extensive the costs of a motorcycle accident injury can be over time:

  • Anticipated future medical bills
  • Pain and suffering
  • Bodily injury and permanent scarring
  • Loss of consortium for spouse
  • Current and future work income
  • Disability or inability to work
  • Inability or hindered ability to engage in your favorite sports and hobbies
  • Damage to your motorcycle

When the Other Driver May Be at Fault

Generally speaking, if the motorcycle accident was caused entirely by the negligent or illegal actions of someone else, then that person is fully at fault. Below are some examples:

Bad rear brake lights resulting in a rear-end collision
Shifting lanes into a motorcycle
Forcing a slower-moving motorcyclist off the road or into oncoming traffic
Failure to use a turn signal before turning into the path of a motorcyclist
Passing a car and forcing a collision with a motorcyclist
Failing to yield right-of-way to a motorcyclist
Distracted driving
Cell phone use
Rear-ending a motorcyclist
Poorly maintained road (potholes, sand accumulation at curves)

What if the Motorcyclist is Partly at Fault?

Shared Fault

Sometimes a motorcyclist may be fully or partly at fault. For instance, if the motorcyclist was lane splitting (riding between two lanes of traffic) when the accident happened, that is illegal in Georgia. But if the other party failed to use a turn signal, turned into the other lane too quickly, or was swerving due to intoxication or distracted driving, they could be at fault too.

You Can Still Be Compensated

Being partly at fault doesn't necessarily mean a motorcyclist can't receive compensation. If the car or truck driver is found to be at least 50% at fault, the motorcyclist can still be compensated for the percentage of fault that the other driver is responsible for.

Even if Fully at Fault

If the motorcyclist is the only one at fault, he or she could still be compensated by an insurance policy that covers the accident. So even if you or your loved one was partly or completely at fault, call me for a FREE legal consultation.

What to Do if You or a Loved One is in a Motorcycle Accident

Get Help

  • If you or someone else is injured, call for an ambulance right away, or ask someone else to do so.
  • Otherwise, call the police and do not leave the scene until they arrive.
  • As soon as possible, call me at (404) 596-5518.
  • Call your insurance company and report the accident.

Act Wisely

  • Be polite, but do not tell anyone the motorcycle accident was your fault, even if you think it was.
  • There may be factors of which you are currently unaware. The other driver could have been speeding, driving down the turn lane, had failing brakes, or was driving too fast for conditions.
  • Point out to the police officer anything you think he should know.

Document the Accident

  • Get the name, address, phone numbers, license number, and insurance information of the other vehicle's driver.
  • Get the names, addresses and phone numbers of witnesses.
  • Take pictures of the vehicles, the accident site, and the conditions.

Note: If you were injured too badly to do any of this, don't worry. We can still build a case for you from the available records, and when appropriate will even dispatch a private investigator who specializes in vehicle accidents to the scene.

Wrongful Death from Motorcycle Accidents

If you are the spouse of someone killed in a motorcycle accident and someone else was at fault, then in the state of Georgia you are entitled to damages amounting to 'the full value of the life of the decedent without deducting for any necessary or personal expenses of the decedent had he or she lived.' If the spouse is not alive, the surviving children are eligible, and if there are no children, the estate's representative can file a claim.

See our Wrongful Death page for more information

Why Choose BOB LAW?

  • Experience fighting the bias against motorcyclists
  • I will make sure the other driver is held liable if they were at fault
  • An experienced attorney can be invaluable in determining responsibility
  • Free consultation – I will gladly advise you even if you think you were at fault

Frequently Asked Questions

Free Case Evaluation

Get your motorcycle accidents case reviewed by our experienced attorneys at no cost.

Call (404) 596-5518Contact Us Online

Injured? Let Us Help You Get the Compensation You Deserve.

Contact us today for a free, no-obligation consultation about your motorcycle accidents case.

Motorcycle Accidents