How Fault Is Determined in Georgia Motorcycle Accidents

• June 15, 2025
• Attorney David Mann
• Motorcycle Accident

You are riding your motorcycle down I-16 in Macon when a car changes lanes right in front of you, causing you to suddenly apply your brakes.  As you do so, another car hits you from behind.  You hit the divider and are thrown from the motorcycle.

Motorcycle accidents can be serious and often result in severe injuries. If you’ve been involved in a motorcycle accident in Georgia, one of the first things you’ll want to know is who is at fault for the crash. Understanding how fault is determined is crucial for getting the compensation you need to cover medical bills, property damage, and other costs.

In this blog post, we’ll explain how fault is determined in Georgia motorcycle accidents.

How is Fault Determined in Georgia?

The process of determining who is at fault in a motorcycle accident in Georgia involves several key steps. Here are the main ways fault is determined:

• The Police Report – Police officers will investigate the crash by speaking with the people involved, interviewing witnesses, and examining the scene.  The police report may include an officer’s opinion of who was at fault for the crash. However, the report is not always final.
• Witness Testimony – Eyewitnesses can play an important role in determining fault. If someone saw the accident happen, they may be able to provide valuable information about how the crash occurred.
• Traffic Camera Footage – Many cities in Georgia have traffic cameras at intersections or along highways that may capture accidents. Video footage from traffic cameras is often very helpful because it provides an objective view of the event.
• Insurance Investigations – Both the motorcyclist and the other driver involved in the accident will typically report the crash to their insurance companies. Insurance companies will conduct their own investigations into the cause of the accident.

The Role of Comparative Negligence in Georgia

Georgia follows a rule called comparative negligence when determining fault in motorcycle accidents. Under comparative negligence, fault can be shared between all parties involved in the crash. Each party is assigned a percentage of fault, which determines how much they are responsible for the damages.

For example, let’s say a motorcyclist and a car driver are involved in an accident. After an investigation, it’s determined that the car driver was 70% at fault for running a red light, while the motorcyclist was 30% at fault for speeding. In this case, the motorcyclist could recover 70% of their damages, but they would not be able to recover the 30% of damages for which they were responsible.

However, there’s an important limitation in Georgia’s comparative negligence rule. If a person is found to be more than 49% at fault for the accident, they cannot recover any compensation for their injuries.

Common Causes of Motorcycle Accidents in Georgia

There are many factors that can contribute to a motorcycle accident. Understanding the common causes of accidents can help you better understand how fault is determined. Here are some of the most frequent causes of motorcycle crashes in Georgia:

• Speeding – When a motorcyclist exceeds the speed limit or drives too fast for the road conditions, they increase their chances of being involved in an accident. Speeding can make it harder for the motorcyclist to stop or react quickly to avoid a crash.
• Failure to Yield – Sometimes, accidents occur because one driver fails to yield the right of way to the other. This often happens at intersections when a car turns left in front of an oncoming motorcyclist, causing a collision.
• Distracted Driving – Distracted driving, such as texting, talking on the phone, or eating while driving, is a leading cause of accidents in Georgia. If the other driver is distracted and doesn’t see the motorcyclist, they may be at fault for the crash.
• Driving Under the Influence – Driving under the influence of alcohol or drugs can impair a driver’s judgment and reaction time. If a driver is intoxicated and causes an accident, they will likely be fully responsible for the crash.
• Lane Changes and Merging – Accidents can happen when a driver changes lanes without checking for other vehicles. If a driver swerves into the motorcyclist’s lane or cuts them off, they may be found at fault for the crash.

What to Do After a Motorcycle Accident in Georgia

If you’re involved in a motorcycle accident in Georgia, it’s important to take the right steps to protect your rights and help determine fault. Here’s what you should do:

• Call the Police – Always call 911 after a motorcycle accident. The police will respond to the scene and create an official accident report, which can be an important piece of evidence in determining fault.
• Get Medical Help – Even if you don’t feel injured, it’s important to seek medical attention right away. Some injuries, such as concussions or internal injuries, may not be immediately apparent.
• Document the Scene – Take photos of the accident scene, your injuries, and the damage to the vehicles. This documentation can help support your claim and prove fault.
• Collect Witness Information – If there are any witnesses to the accident, get their names and contact information. Witness testimony can be helpful in determining what happened.
• Contact Your Insurance Company – Report the accident to your insurance company as soon as possible. Be honest about what happened, and provide them with all the necessary information.
• Consult an Attorney – If you’ve been injured in a motorcycle accident, it’s a good idea to speak with an experienced motorcycle accident attorney. A lawyer can help you navigate the legal process and help you receive the compensation you deserve.

Contact the Georgia Motorcycle Accident Attorneys at the Mann Law Firm Today

The experienced attorneys at the Mann Law Firm fight for the rights of our clients to get compensated for their injuries.  Our lawyers know what tactics insurance companies use to deny claims.  David Mann used to work as in-house defense counsel at a large insurance company, so he has the inside scoop on how insurance companies deny claims.  If you have been involved in a motorcycle accident, give us a call at (478) 742-3381 for an initial consultation.