Georgia Motorcycle Laws

GEORGIA MOTORCYCLE LAWS*

Georgia motorcyclists are protected under Georgia motorcycle law that makes negligent drivers responsible and liable to Georgia motorcyclists. A biker who is involved in a Georgia motorcycle accident may obtain compensation for his or her injuries that were caused by the other driver’s negligence. Damages may include payment for pain and suffering, scarring, disfigurement, loss of enjoyment of life, economic loss, no fault benefits, and more. What follows are some of the relevant law involving motorcycles in the State of Georgia

If you sustained an injury due to a Georgia motorcycle accident and you haven’t contacted a lawyer about your Georgia motorcycle accident, the best thing you can do for yourself is contact us NOW. We’ll listen to you and help you understand your options. If you have a case, we’ll help you find the best motorcycle accident injury attorney or law firm in your area. As an attorney who litigates these cases, I belong to many trial lawyer and motorcycle lawyer groups and have gone out of my way to find the best motorcycle attorneys in each state. Even the phone call is free, and there is no obligation. Don’t wait until it’s too late, make a simple call and talk to attorney Jason Waechter, The Motorcycle Lawyer.             1-877-Biker-Law (1-877-245-3752).

Ø      Georgia is an at-fault state.  This means that the law of negligence governs motor vehicle accidents. The person who is found to be “at fault” for the accident can be held accountable for your injuries and damages in your Georgia motorcycle accident.

Ø      Georgia Helmet Law:  When riding on or operating a Georgia motorcycle, a helmet is required by law.

Ø      Georgia Eye Protection Law: Eye protection is required by law when riding on or operating a Georgia motorcycle, if the Georgia motorcycle is not equipped with a windshield or windscreen.

Ga. Code Ann., § 40-6-315

§ 40-6-315. Equipment for motorcycle riders

(a) No person shall operate or ride upon a motorcycle unless he or she is wearing protective headgear which complies with standards established by the commissioner of public safety.

(b) No person shall operate or ride upon a motorcycle if the motorcycle is not equipped with a windshield unless he or she is wearing an eye-protective device of a type approved by the commissioner of public safety.

Ø      Georgia Minimum Insurance Requirements: For your Georgia motorcycle, the minimum insurance required is as follows:

• Bodily Injury Liability (1 person): $25,000
• Bodily Injury Liability (All persons, 1 accident): $50,000
• Property Damage Liability: $25,000

Ga. Code Ann., § 33-7-11

§ 33-7-11. Requirements for motor vehicle liability policies; coverage of claims against uninsured motorist

(a)(1) No automobile liability policy or motor vehicle liability policy shall be issued or delivered in this state to the owner of such vehicle or shall be issued or delivered by any insurer licensed in this state upon any motor vehicle then principally garaged or principally used in this state unless it contains an endorsement or provisions undertaking to pay the insured damages for bodily injury, loss of consortium or death of an insured or for injury to or destruction of property of an insured under the named insured's policy sustained from the owner or operator of an uninsured motor vehicle, within limits exclusive of interests and costs which at the option of the insured shall be:

(A) Not less than $25,000.00 because of bodily injury to or death of one person in any one accident, and, subject to such limit for one person, $50,000.00 because of bodily injury to or death of two or more persons in any one accident, and $25,000.00 because of injury to or destruction of property;

Ga. Code Ann., § 33-7-11.1

§ 33-7-11.1. Loss of use of motor vehicle; time when liability for payment of benefits to third party commences

(a) As used in this Code section, the term "liability insurance policy" means an automobile liability or motor vehicle liability insurance policy issued or delivered in this state to the owner of such vehicle or issued or delivered by any insurer licensed in this state upon any such motor vehicle then principally garaged or principally used in this state.

(b) Any insurer, upon acceptance of liability, pursuant to any automobile liability or motor vehicle liability insurance policy, shall pay reasonable benefits for losses, including total losses, to a third party on behalf of an insured for loss of use and towing and storage costs of such a motor vehicle, and the liability of the insurer for payment of benefits for losses, including total losses, to the third party shall commence as of the time of the incident or occurrence which results in such losses; provided, however, in no event shall this Code section be construed so as to relieve the claimant of his or her obligation to mitigate his or her losses or to require the payment of loss of use and towing and storage costs benefits in an amount which is greater than the actual losses suffered.

Ø      Georgia UIM Coverage: If you are involved in a Georgia motorcycle accident with an at-fault driver who does not have adequate insurance, or any insurance at all, to cover your injuries, “Uninsured” or “Underinsured” Motorist Coverage may protect you.

Ø      Hit & Run: UIM may also protect you if you are involved in a Georgia motorcycle accident with an at-fault, unidentified driver.

Ga. Code Ann., § 33-7-11

§ 33-7-11. Requirements for motor vehicle liability policies; coverage of claims against uninsured motorist

(b)(1) As used in this Code section, the term:

(D) "Uninsured motor vehicle" means a motor vehicle, other than a motor vehicle owned by or furnished for the regular use of the named insured, the spouse of the named insured, and, while residents of the same household, the relative of either, as to which there is:

(i) No bodily injury liability insurance and property damage liability insurance;

(ii) Bodily injury liability insurance and property damage liability insurance with available coverages which are less than the limits of the uninsured motorist coverage provided under the insured's insurance policy, but the motor vehicle shall only be considered to be uninsured for the amount of the difference between the available coverages under the bodily injury liability insurance and property damage liability insurance coverages on such motor vehicle and the limits of the uninsured motorist coverage provided under the insured's motor vehicle insurance policy; and for this purpose available coverages under the bodily injury liability insurance and property damage liability insurance coverages on such motor vehicle shall be the limits of coverage less any amounts by which the maximum amounts payable under such limits of coverage have, by reason of payment of other claims or otherwise, been reduced below the limits of coverage;

(iii) Bodily injury liability insurance and property damage liability insurance in existence but the insurance company writing the insurance has legally denied coverage under its policy;

(iv) Bodily injury liability and property damage liability insurance in existence but the insurance company writing the insurance is unable, because of being insolvent, to make either full or partial payment with respect to the legal liability of its insured, provided that in the event that a partial payment is made by or on behalf of the insolvent insurer with respect to the legal liability of its insured then the motor vehicle shall only be considered to be uninsured for the amount of the difference between the partial payment and the limits of the uninsured motorist coverage provided under the insured's motor vehicle insurance policy; or

(v) No bond or deposit of cash or securities in lieu of bodily injury and property damage liability insurance.

(2) A motor vehicle shall be deemed to be uninsured if the owner or operator of the motor vehicle is unknown. In those cases, recovery under the endorsement or provisions shall be subject to the conditions set forth in subsections (c) through (j) of this Code section and, in order for the insured to recover under the endorsement where the owner or operator of any motor vehicle which causes bodily injury or property damage to the insured is unknown, actual physical contact must have occurred between the motor vehicle owned or operated by the unknown person and the person or property of the insured. Such physical contact shall not be required if the description by the claimant of how the occurrence occurred is corroborated by an eyewitness to the occurrence other than the claimant.

(c) If the owner or operator of any motor vehicle which causes bodily injury or property damage to the insured is unknown, the insured, or someone on his behalf, or in the event of a death claim someone on behalf of the party having the claim, in order for the insured to recover under the endorsement, shall report the accident as required by Code Section 40-6-273. [Duty to Make Immediate Reports of Accidents}.

Ø      Georgia Statute of Limitations for Personal Injuries: If you are injured in a Georgia motorcycle accident, you must commence suit for your resulting injuries within 2 years from the date of your Georgia motorcycle accident.

Ga. Code Ann., § 9-3-33

§ 9-3-33. Injuries to the person

Actions for injuries to the person shall be brought within two years after the right of action accrues, except for injuries to the reputation, which shall be brought within one year after the right of action accrues, and except for actions for injuries to the person involving loss of consortium, which shall be brought within four years after the right of action accrues.

*There are many exceptions, special definitions and complex issues that cannot be explained in this material. It is not intended to be a substitute for specific legal advice. Your legal rights greatly depend on the facts of your accident.

*Law changes constantly. Do not rely on this information. Law is vast and can not be covered in this limited space.

***Law portion of site in progress. Georgia motorcycle law regarding Georgia motorcycle accidents is being drafted and will be updated soon. Please call our firm for a free consultation to see if you have a case.