KENNESAW MOTORCYCLE ACCIDENT ATTORNEY
A unique sense of freedom comes from riding a motorcycle, whether it’s a daily commute down Cobb Parkway or a scenic weekend ride around Kennesaw Mountain. But riders know that this freedom comes with a constant need for vigilance because other drivers often fail to see you, fail to respect your space, and fail to share the road safely. When that negligence leads to a collision at a busy intersection on Chastain Road or a highway merge on I-75, the consequences for the rider are almost always devastating.
If a careless driver has injured you, you need a powerful advocate in your corner. Our dedicated motorcycle accident attorneys in Kennesaw understand the fight ahead and are ready to champion your rights. The Williams Elleby Howard & Easter team is here to help you fight the insurance companies and get the justice you deserve. Contact us today for a free, no-obligation consultation.
Why Motorcycle Accident Claims Are Uniquely Challenging
A motorcycle wreck is not just another traffic accident claim. Riders face a distinct set of obstacles that can make securing fair compensation an uphill battle from the very start. The insurance company for the at-fault driver knows these challenges well and will use every one of them to try to deny, delay, or devalue your claim. Acknowledging these hurdles is the first step in overcoming them.
Overcoming Unfair Rider Bias
The most significant challenge injured motorcyclists face is a pervasive and unfair bias. Insurance adjusters, and sometimes even juries, often operate on the false stereotype that all motorcyclists are reckless thrill-seekers who are at least partially to blame for their own injuries. They will hear the word “motorcycle” and immediately assume you were speeding, weaving through traffic, or driving dangerously, even when all the evidence points to the other driver’s fault. This “rider bias” is a powerful tool used by the defense to unfairly shift blame and justify a lowball settlement offer.
The Catastrophic Nature of Injuries
Without the protection of a steel frame, airbags, and seatbelts, a motorcyclist’s body absorbs the full force of a collision. As a result, injuries in motorcycle crashes are often catastrophic and life-altering, even in what might be considered a “low-speed” impact for a passenger car. These severe injuries, including traumatic brain injuries (TBIs), spinal cord damage, extensive road rash, and broken bones, require costly, long-term medical care, and the insurance companies will fight to minimize their financial responsibility for this treatment.
The Immediate Fight for Evidence
The other driver’s first call is often to their insurance company. Their only defense is frequently, “I just didn’t see the motorcycle.” Proving this is not an excuse for negligence requires an immediate and thorough investigation. Evidence from the scene, witness testimony, and data from the vehicles involved are all critical to reconstructing the crash and demonstrating precisely how the driver’s failure to see you breached their duty to operate their vehicle safely.
Why Choose Williams Elleby Howard & Easter to Fight for You?
Choosing a law firm that understands the fight an injured rider is up against is the most critical decision you can make. At Williams Elleby Howard & Easter, we are not just personal injury lawyers but staunch advocates for motorcyclists’ rights. We have seen the injustices riders face firsthand and built our practice to counter them effectively.
- We Actively Combat Rider Bias: We refuse to let false stereotypes dictate the value of your case. From our initial investigation to our presentation in the courtroom, we can build a powerful, evidence-based narrative that focuses on the other driver’s negligence and exposes the unfairness of blaming the victim.
- Comprehensive Accident Investigation: We quickly investigate every aspect of your crash. Our team works with accident reconstructionists and other professionals to gather the evidence needed to prove what happened, calculating speeds, analyzing sightlines, and demonstrating that you were there to be seen.
- Experience with Severe Injury Cases: We have the knowledge and resources to handle cases involving catastrophic injuries. We work with medical professionals and life care planners to create a detailed accounting of all your past, present, and future medical needs to ensure your compensation is sufficient for a lifetime of care.
- Contingency Fee Representation: We are your partners in this fight. We handle all motorcycle accident claims on a contingency fee basis, meaning we cover all upfront costs and you pay no attorney’s fees unless we successfully recover compensation for you.
Georgia Motorcycle Laws and Your Accident Claim
A successful claim requires a deep understanding of the specific Georgia laws for motorcyclists. Insurance companies will often try to misapply these laws to create blame where none exists. Our legal team is well-versed in these statutes and their impact on your case.
Georgia’s Universal Helmet Law
Under O.C.G.A. § 40-6-315, Georgia law requires all motorcycle operators and passengers to wear a helmet that complies with Department of Transportation standards. Defense attorneys will often seize on this law, arguing that your injuries would have been less severe if you had worn a “better” helmet, or even try to blame you if you were not wearing one.
While a helmet is legally required and essential for safety, failing to wear one does not give a negligent driver a free pass. It does not bar you from recovering compensation for injuries a helmet would not have prevented, such as a broken leg, internal injuries, or road rash.
Lane Splitting and Filtering in Georgia
“Lane splitting” (riding between two lanes of stopped or slow-moving traffic) is not currently legal in Georgia. If you were engaged in this practice during the crash, it can complicate your claim. However, it does not automatically make you at fault. The other driver still must look before changing lanes or turning. We will conduct a detailed analysis of the circumstances to determine how the actions of all parties contributed to the crash, ensuring liability is assigned fairly.
Establishing Fault in a Kennesaw Motorcycle Crash
To win a motorcycle accident case, your lawyer must present clear and convincing evidence that proves the other driver was negligent and that their negligence directly caused your injuries. Given the inherent bias against riders, the evidence must be strong enough to overcome preconceived notions and focus the case on the facts. We accomplish this by proving the four key elements of negligence.
- Duty: All drivers on Georgia roads owe a duty to share the road safely and watch for other motorists, including motorcycles.
- Breach: The at-fault driver breached this duty through a negligent act. This is the central point of contention, and we use evidence to prove this breach.
- Causation: The driver’s breach of duty was the direct and proximate cause of the collision and your resulting harm.
- Damages: You suffered quantifiable physical, emotional, and financial damages due to the crash.
Common Causes of Motorcycle Accidents
Most motorcycle accidents are not caused by rider error, but by the carelessness of car and truck drivers who fail to see or yield to them. Most motorcycle crashes arise from common scenarios, including:
- Left-Hand Turn Accidents: This is the single most common cause of serious motorcycle crashes. A driver turning left at an intersection fails to see an oncoming motorcycle or misjudges its speed and turns directly into its path.
- Unsafe Lane Changes: A driver fails to check their blind spot or look carefully before merging or changing lanes, cutting off the rider or colliding with them directly.
- Rear-End Collisions: A distracted or following driver fails to notice a motorcycle has slowed or stopped in front of them, leading to a dangerous rear-end impact.
- “Dooring” Accidents: In an urban or parked setting, a driver or passenger opens their car door directly into the path of an oncoming motorcyclist.
- Sudden Stops and Road Hazards: Drivers who brake suddenly without cause can create a dangerous situation, and road hazards like potholes or debris, which a car can easily drive over, can be catastrophic for a rider.
What Damages Are Available in a Kennesaw Motorcycle Wreck Lawsuit?
Because motorcycle accident injuries are often so severe, the financial and personal costs can be staggering. A successful lawsuit seeks to recover compensation for every loss you have incurred and will incur in the future. We fight for a recovery that reflects the actual, lifelong impact of the crash.
You may be entitled to compensation for:
- Economic Damages: These are the verifiable financial costs of your accident.
- All past and future medical bills, including emergency transport, hospitalization, surgeries, rehabilitative care, and medical devices.
- Lost wages from being unable to work.
- Loss of future earning capacity if your injuries leave you permanently disabled.
- The cost to repair or replace your motorcycle and other damaged property.
- Non-Economic Damages: These damages compensate you for the profound, personal, and non-financial toll you suffer, including.
- Severe physical pain and suffering.
- Mental anguish and emotional trauma, including PTSD.
- Permanent scarring and disfigurement (e.g., from “road rash”).
- Loss of enjoyment of life and the inability to engage in former hobbies and activities.
What is the Deadline for Filing a Motorcycle Accident Lawsuit in Kennesaw, GA?
In Georgia, the statute of limitations for filing a personal injury lawsuit is typically two years from the date of the accident. If you fail to file a lawsuit within this two-year window, you will be permanently barred from seeking any compensation for your injuries.
This deadline is firm and has very few exceptions. Given the complexity of investigating a motorcycle crash and the need to preserve evidence and witness testimony, it is crucial to contact an attorney as soon as possible after your accident. Waiting too long can severely damage your ability to build a strong case and hold the negligent driver accountable.
How Much Does It Cost to Hire a Motorcycle Accident Attorney in Kennesaw?
When you are facing a mountain of medical bills and can’t work, hiring a lawyer should be the last thing you have to worry about financially. At Williams Elleby Howard & Easter, we are committed to providing access to justice for every injured rider, regardless of their financial situation.
We represent all motorcycle accident clients on a contingency fee basis. This means:
- You pay nothing upfront.
- We cover all the costs of investigating and litigating your case.
- You only pay us an attorney’s fee if we win a financial recovery for you.
- Our fee is a percentage of the settlement or verdict we secure.
This arrangement removes all financial risk from you and ensures our goals are perfectly aligned with yours: to achieve the maximum possible compensation for your injuries.
How a Williams Elleby Howard & Easter Lawyer Can Help You
When you hire our firm, you are getting more than just a lawyer—you are getting a dedicated advocate who will handle every aspect of your case so you can focus on healing. Our team will:
- Conduct an Immediate Investigation: We move quickly to preserve evidence, photograph the scene, interview witnesses, and issue legal demands to secure critical information.
- Combat Unfair Bias: From day one, we build a fact-based case that proactively counters stereotypes and focuses liability squarely on the negligent driver.
- Manage All Communications: We take over all communications with insurance adjusters and defense lawyers, shielding you from their questions, tactics, and lowball offers.
- Document Your Damages: We work with you and your doctors to create a comprehensive record of your injuries and their lifelong impact.
- Negotiate from a Position of Strength: Armed with a thoroughly prepared case, we negotiate aggressively for a full and fair settlement.
- Take Your Case to Trial: We are experienced litigators who are always prepared to take your fight to a judge or jury if the insurance company refuses to be fair.
Contact the Trusted Kennesaw Motorcycle Accident Attorneys at Williams Elleby Howard & Easter Today
You deserve an attorney who understands the challenges you face as a rider and will fight tirelessly to protect your rights. Do not let a negligent driver and their insurance company dictate your future. Let us fight for you and help you secure the justice and financial resources you need to move forward.
Call us at (404) 389-1035 or fill out our online contact form today. The consultation is always free and confidential. Reach out to tell us your story and learn how we can help.
Kennesaw Motorcycle Accident Attorney FAQs
Yes. While Georgia law requires a helmet, failing to wear one does not automatically prevent you from recovering compensation. A negligent driver is still responsible for causing the accident. The insurance company may try to argue that your head injuries would have been less severe with a helmet (which may be true), but this does not affect their liability for other injuries like broken bones, internal damage, or road rash. It is a complex issue, but it is not a complete bar to recovery.
This is a common tactic. An insurance company may accept fault to appear reasonable and then make a quick, lowball offer before you can understand the full extent of your injuries and future medical needs. Never accept a settlement or sign any documents without first speaking to an experienced motorcycle accident lawyer. These initial offers rarely account for future surgeries, long-term care, or the full measure of your pain and suffering.
Williams Elleby Howard & Easter – Kennesaw Office
3450 Acworth Due West Road, Ste. 610
Kennesaw, GA 30144
P: (404-389-1035)
