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If you’ve been hurt in a motorcycle crash in Statesboro, then you may be dealing with serious injuries, stress from missing work, and many other concerns regarding your health and finances. Our Statesboro, GA motorcycle accident lawyer understands the turmoil and hardships that you may be going through. At Chattahoochee Injury Law, we represent riders who’ve been hurt because someone else wasn’t paying attention or was otherwise being reckless in regards to your safety. We work on contingency, which means you pay nothing unless we recover for you. Contact us today so we can let you know about your compensation eligibility.
Ben Clary has spent 13 years handling personal injury cases in Statesboro, GA and across the state, including cases that involve the specific legal hurdles motorcycle riders face. Insurers treat motorcycle claims differently. Adjusters often look for ways to assign partial fault to the rider, claiming they were speeding, changing lane position unsafely, or a helmet use issue, even when another driver clearly caused the crash. Attorney Ben Clary understands those tactics and builds cases that stand strong against opposing parties.
Founding Attorney Ben Clary has been handling personal injury cases in Georgia for more than a decade. He received an AV Preeminent by Martindale-Hubbell rating, which is the highest peer-review rating available for ethical standards and legal ability. He is also rated by Super Lawyers, receiving a recognition reserved for attorneys who’ve demonstrated exceptional professional achievement. He earned his law degree from the Walter F. George School of Law at Mercer University. He brings his education and years of experience to every case he takes on.
Chattahoochee Injury Law has helped clients recover millions of dollars in compensation across personal injury cases in Georgia. Our results span commercial vehicle crashes, premises liability, and serious motor vehicle accidents. We don’t measure success by how fast we close a case, we measure it by what clients actually receive and always fight for what is just and deserved.
One thing clients consistently mention is that Ben answers his phone and responds to questions directly. That matters a lot when you’re recovering from serious injuries and trying to make decisions about medical treatment, time off work, and your financial future. We understand that you may need us beyond normal hours, and do everything we can to keep you updated on your case and feeling supported.
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“Ben Clary and his Paralegal Dominic were nothing but AMAZING! Since this was my first injury motor vehicle accident I had no idea what to expect. They were very informative from beginning to end. I had direct communication with my attorney AT ALL TIMES. He was literally a text/call a way. I loved that. I am very pleased with my experience with Chattahoochee Injury Law. Highly Recommend!” — Fabiola Winspeare
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Every motorcycle accident incident is unique to the factors involved, and the legal issues they raise are not identical either. We handle a range of cases involving riders hurt on Statesboro roads and throughout Bulloch County.
A few Georgia laws apply directly to motorcycle accident cases, and understanding them can affect what you recover.
Helmet law, O.C.G.A. § 40-6-315. Georgia requires all riders and passengers to wear DOT-approved protective headgear at all times. If a motorcycle lacks a helmet shield, approved eye protection is also required. Not wearing a helmet doesn’t automatically bar a claim, but insurers and defense attorneys will argue it contributed to the severity of head or facial injuries.
Statute of limitations, O.C.G.A. § 9-3-33. Under Georgia’s two-year filing deadline, most motorcycle accident claims must be filed within two years of the crash. If that timeframe goes by, then the court will almost certainly dismiss the case, regardless of how clearly the other driver was at fault. Two years sounds like a long time until you’re dealing with surgeries, physical therapy, and insurance matters. We recommend taking action quickly even if you have more time to seek compensation.
Modified comparative fault, O.C.G.A. § 51-12-33. Georgia follows a 50% bar rule. A rider who is found to be 49% at fault can still recover damages, reduced by their percentage of fault. At 50% or above, recovery is not possible. This is why fault arguments in motorcycle cases are so consequential, and why it matters how your case is presented. Riders in Georgia are entitled to the same rights on the road as any other motorist under O.C.G.A. § 40-6-310. Drivers who claim they did not see the motorcyclist is not considered a valid legal defense.
Georgia operates under a modified comparative fault system. Under O.C.G.A. § 51-12-33, a rider can still recover damages as long as their share of fault is under 50%. But if an insurer successfully argues you were 50% or more responsible, you cannot receive a recovery. That’s not a technicality either, it is actually a strategy insurance companies use deliberately, so having an attorney who understands it makes a difference in how fault is determined.
Georgia law allows injured motorcyclists to pursue several categories of damages, and a serious crash can give reason to receive them all.
Economic damages cover the concrete financial losses from the accident. This can be medical bills, such as emergency care, surgery, hospitalization, and rehabilitation. Other examples of economic damages can include lost wages, especially if the injuries force a rider to miss weeks or months of work. And for injuries that cause lasting impairment, future lost earning capacity is a separate item that needs to be carefully documented and presented.
Non-economic damages address what can’t be captured in a hospital bill. Most commonly, this is pain and suffering, the loss of activities you could do before the crash but can’t anymore, emotional distress, and severe injuries. In cases involving severe injuries, such as spinal cord damage, traumatic brain injury, or paralysis, these non-economic damages can represent the largest portion of a total recovery. Georgia doesn’t cap them in personal injury cases, which means there’s no arbitrary limit on what a jury can award for pain and suffering.
Punitive damages are available in cases where the at-fault driver’s conduct was especially reckless. Drunk driving cases are the clearest example. Under Georgia law, punitive damages exist to punish behavior so egregious that a deterrence component is warranted, they’re not simply a higher version of compensatory damages.
Property damage, the cost of replacing or repairing a totaled motorcycle, is recoverable as well. This is often one of the first fights with an insurer, and it shouldn’t be dismissed as a minor issue. A valuable bike that was damaged or totalled represents real money, and insurers don’t always offer fair value.
If you were injured in a motorcycle accident in Statesboro, GA, the sooner you talk to an attorney, the better your options look. At Chattahoochee Injury Law, we handle motorcycle accident cases on contingency, which means no fees unless we win. Contact us to schedule a free consultation and talk through what happened.
