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The Georgia Department of Driver Services reports that motorcycle accidents account for approximately 11 percent of all traffic deaths in one calendar year, even though motorcycles make up only a small fraction of Georgia’s registered vehicles. For families who have lost someone in fatal motorcycle accidents in Atlanta, trying to understand what happens next legally can be daunting.
Our experienced motorcycle crash attorneys at Chattahoochee Injury Law offer deep local knowledge and a respectable track record with collisions like these. We are ready to help with your case.
In Georgia, family members have the right to pursue a wrongful death lawsuit. State law allows the surviving spouse, children, or parents of the deceased to file a lawsuit seeking compensation for the full value of the life of the biker who died in a motorcycle accident in Atlanta. This value includes both economic factors, such as lost income and benefits, and intangible losses, such as companionship and care.
Additionally, the law allows for the estate of the deceased to recover for medical expenses, funeral costs, and pain and suffering experienced by the deceased before death. These are known as estate claims and are typically filed by the personal representative named in the decedent’s will or appointed by the probate court.
Under Georgia law, the surviving spouse has first priority to file the wrongful death lawsuit. If no spouse exists, the children of the deceased typically hold the right to file. When no spouse or children exist, the deceased’s parents can typically bring the lawsuit, or it can be filed by the administrator of the estate.
Georgia applies a modified comparative fault system under O.C.G.A. § 51-12-33. This means that if the deceased motorcyclist was partially at fault, the family’s damages can be reduced by that percentage. However, as long as the deceased was less than 50 percent at fault, the lawsuit can still move forward.
Also, surviving family members should avoid giving any recorded statements to insurance adjusters without legal guidance. Statements made to insurers for the at-fault party are often used to minimize or deny liability. Our Atlanta attorneys have seen insurers strategically use statements out of context to argue for partial fault in fatal motorcycle accident cases.
Fatal motorcycle collisions in Georgia trigger a legal process that can begin with filing either a wrongful death lawsuit or pursuing an insurance claim with the at-fault driver’s insurer. Your family’s attorney can advise whether it is necessary to pursue both paths.
If a lawsuit is filed, a process called pre-trial discovery begins. This phase involves exchanging evidence with the other lawyer, taking recorded statements from witnesses, and building the foundation for trial or settlement negotiations. In fatal accident lawsuits, courts often allow for detailed inquiries into both the cause of the crash and the value of the deceased’s life, including testimony from family, co-workers, and medical professionals.
Most wrongful death lawsuits are resolved through settlement. However, your fatal motorcycle accident attorney in Atlanta can pursue a lawsuit when needed.
Chattahoochee Injury Law has secured settlements up to $5.6 million, including cases involving commercial vehicles and severe liability disputes. Founding attorney Ben Clary grew up in Savannah and has practiced law in Georgia for over a decade. Whether your case involves a negligent driver, a government agency, or a defective motorcycle part, our firm has the litigation experience needed to support grieving families.
Fatal motorcycle accidents in Atlanta are something our firm takes very seriously. Set up a free case review and discuss your case with one of our compassionate lawyers today.
The Georgia Department of Driver Services reports that motorcycle accidents account for approximately 11 percent of all traffic deaths in one calendar year, even though motorcycles make up only a small fraction of Georgia’s registered vehicles. For families who have lost someone in fatal motorcycle accidents in Atlanta, trying to understand what happens next legally can be daunting.
Our experienced motorcycle crash attorneys at Chattahoochee Injury Law offer deep local knowledge and a respectable track record with collisions like these. We are ready to help with your case.
In Georgia, family members have the right to pursue a wrongful death lawsuit. State law allows the surviving spouse, children, or parents of the deceased to file a lawsuit seeking compensation for the full value of the life of the biker who died in a motorcycle accident in Atlanta. This value includes both economic factors, such as lost income and benefits, and intangible losses, such as companionship and care.
Additionally, the law allows for the estate of the deceased to recover for medical expenses, funeral costs, and pain and suffering experienced by the deceased before death. These are known as estate claims and are typically filed by the personal representative named in the decedent’s will or appointed by the probate court.
Under Georgia law, the surviving spouse has first priority to file the wrongful death lawsuit. If no spouse exists, the children of the deceased typically hold the right to file. When no spouse or children exist, the deceased’s parents can typically bring the lawsuit, or it can be filed by the administrator of the estate.
Georgia applies a modified comparative fault system under O.C.G.A. § 51-12-33. This means that if the deceased motorcyclist was partially at fault, the family’s damages can be reduced by that percentage. However, as long as the deceased was less than 50 percent at fault, the lawsuit can still move forward.
Also, surviving family members should avoid giving any recorded statements to insurance adjusters without legal guidance. Statements made to insurers for the at-fault party are often used to minimize or deny liability. Our Atlanta attorneys have seen insurers strategically use statements out of context to argue for partial fault in fatal motorcycle accident cases.
Fatal motorcycle collisions in Georgia trigger a legal process that can begin with filing either a wrongful death lawsuit or pursuing an insurance claim with the at-fault driver’s insurer. Your family’s attorney can advise whether it is necessary to pursue both paths.
If a lawsuit is filed, a process called pre-trial discovery begins. This phase involves exchanging evidence with the other lawyer, taking recorded statements from witnesses, and building the foundation for trial or settlement negotiations. In fatal accident lawsuits, courts often allow for detailed inquiries into both the cause of the crash and the value of the deceased’s life, including testimony from family, co-workers, and medical professionals.
Most wrongful death lawsuits are resolved through settlement. However, your fatal motorcycle accident attorney in Atlanta can pursue a lawsuit when needed.
Chattahoochee Injury Law has secured settlements up to $5.6 million, including cases involving commercial vehicles and severe liability disputes. Founding attorney Ben Clary grew up in Savannah and has practiced law in Georgia for over a decade. Whether your case involves a negligent driver, a government agency, or a defective motorcycle part, our firm has the litigation experience needed to support grieving families.
Fatal motorcycle accidents in Atlanta are something our firm takes very seriously. Set up a free case review and discuss your case with one of our compassionate lawyers today.