Motorcycle Accident Claims in Georgia
The Georgia helmet law, whether lane splitting is legal, how fault is shared after a motorcycle crash, and the deadline to sue.
Short answer: Georgia requires every motorcycle operator and rider to wear protective headgear meeting standards set by the commissioner of public safety, and riders of motorcycles without a windshield must also wear approved eye protection. O.C.G.A. § 40-6-315
| Motorcycle helmet law | Georgia requires every motorcycle operator and rider to wear protective headgear meeting standards set by the commissioner of public safety, and riders of motorcycles without a windshield must also wear approved eye protection. The rule does not apply to people riding in an enclosed cab or motorized cart, or to a person operating a three-wheeled motorcycle used only for agricultural purposes. The statute does not say whether going without a helmet affects damages. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. § 40-6-315 |
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| Lane splitting | Lane splitting is illegal in Georgia: no person may operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles, and a motorcyclist may not pass in the same lane occupied by the vehicle being passed. Motorcycles are entitled to full use of a lane, may not ride more than two abreast in a single lane, and must keep headlights and taillights on at all times. Police officers performing official duties are exempt from the passing and between-lanes rules. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. § 40-6-312 |
| Fault rule (comparative negligence) | Modified comparative fault (50% bar). An injured person's damages are reduced by his or her percentage of fault, but a person who is 50% or more responsible for the injury recovers nothing. Fault is apportioned among all responsible persons, including non-parties in some cases, and each defendant generally pays only its own share. Read on a FindLaw mirror of the Official Code of Georgia. Source: O.C.G.A. § 51-12-33 |
| Minimum car insurance | Vehicle owners must carry liability insurance of at least $25,000 for injury or death of one person, $50,000 for injury or death of two or more people in one accident, and $25,000 for property damage (25/50/25). Read on a FindLaw mirror of the Official Code of Georgia. |
| Deadline to sue for an injury | A lawsuit for injuries to the person must be filed within two years after the right of action accrues. Injuries to reputation have one year, and loss-of-consortium claims have four years. Read on a FindLaw mirror of the Official Code of Georgia (page marked current as of March 28, 2024). Source: O.C.G.A. § 9-3-33 |
More Georgia personal injury & wrongful death
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FAQ
Do you have to wear a motorcycle helmet in Georgia?
Georgia requires every motorcycle operator and rider to wear protective headgear meeting standards set by the commissioner of public safety, and riders of motorcycles without a windshield must also wear approved eye protection. The rule does not apply to people riding in an enclosed cab or motorized cart, or to a person operating a three-wheeled motorcycle used only for agricultural purposes. The statute does not say whether going without a helmet affects damages.
Is lane splitting legal in Georgia?
Lane splitting is illegal in Georgia: no person may operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles, and a motorcyclist may not pass in the same lane occupied by the vehicle being passed. Motorcycles are entitled to full use of a lane, may not ride more than two abreast in a single lane, and must keep headlights and taillights on at all times. Police officers performing official duties are exempt from the passing and between-lanes rules.
Can you recover damages if you were partly at fault in Georgia?
Modified comparative fault (50% bar). An injured person's damages are reduced by his or her percentage of fault, but a person who is 50% or more responsible for the injury recovers nothing. Fault is apportioned among all responsible persons, including non-parties in some cases, and each defendant generally pays only its own share.
What is the minimum car insurance required in Georgia?
Vehicle owners must carry liability insurance of at least $25,000 for injury or death of one person, $50,000 for injury or death of two or more people in one accident, and $25,000 for property damage (25/50/25).
What is the statute of limitations for personal injury in Georgia?
A lawsuit for injuries to the person must be filed within two years after the right of action accrues. Injuries to reputation have one year, and loss-of-consortium claims have four years.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.