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At Lawbike Motorcycle Injury Lawyers, our Georgia wrongful death motorcycle accident lawyers are compassionate, experienced advocates for grieving families. If your loved one was killed in a motorcycle crash, we are here to address all your legal needs while you focus on emotional recovery. To arrange your free, strictly confidential, and no obligation consultation with a top Georgia wrongful death attorney, please call us at 866-529-2453 or contact us directly online. 

Thousands of Motorcyclists are Killed in Georgia Highway Crashes Each Year

The harsh reality is that motorcyclists face an elevated safety risk. Even with a DOT-approved safety helmet and adherence to defensive driving practices, motorcyclists confront significant hazards. Regrettably, many drivers in Georgia and across the nation neglect to share the road safely with riders. According to the most recent data from the National Safety Council (NSC), 5,579 motorcyclists lost their lives nationwide in 2020 alone.

Despite constituting just 0.6 percent of all vehicle miles traveled in the United States, motorcyclists and motorcycle passengers contribute to 14 percent of highway fatalities. In simpler terms, a motorcyclist is nearly 25 times more likely to perish in a crash than other road users. Unfortunately, our state is no exception. The Georgia Department of Driver Services reports that approximately 175 motorcyclists succumb to fatal accidents in the state each year. Motorcyclists make up 11 percent of traffic fatalities in Georgia.

An Overview of Georgia’s Wrongful Death Claims Process

Losing a loved one in a fatal motorcycle accident is a heart-wrenching experience. In Georgia, the family of the deceased may be eligible for compensation through a wrongful death claim. This legal avenue seeks to hold the responsible party accountable for their negligence and provide financial support to the surviving family members. Here’s what you should understand about the wrongful death claims process for a fatal motorcycle crash in Georgia:

  • Liability Based on Fault: In Georgia, the liability for a wrongful death claim stemming from a fatal motorcycle accident hinges on fault. The individual or entity, such as a trucking company, deemed responsible for the accident is held liable for the resulting damages. To establish liability, surviving family members or their legal representatives must demonstrate that the defendant’s negligence, recklessness, or intentional actions caused the accident and subsequent death. Relevant evidence may include police reports, witness statements, and expert testimony. It’s crucial to note that Georgia’s comparative negligence system applies to wrongful death claims.
  • Eligible Parties to File a Wrongful Death Lawsuit: According to Georgia law (O.C.G.A. § 51-4-2), specific parties have the right to pursue a wrongful death claim, listed in order of priority:
    • The deceased’s spouse has the primary right to file the claim.
    • If the deceased had minor children, the spouse must also represent their interests.
    • In the absence of a surviving spouse or children, the deceased’s parents may file the claim.
    • If there are no surviving spouse, children, or parents, the estate can pursue the claim.
  • Two-Year Statute of Limitations: Georgia imposes a two-year statute of limitations for wrongful death claims related to motorcycle accidents. This means that surviving family members have a two-year timeframe from the date of death to file the lawsuit. Failing to initiate the claim within this period may result in forfeiting the right to pursue compensation. It’s essential not to delay and to seek guidance from an experienced Georgia fatal motorcycle accident lawyer promptly.

Compensation Available to Surviving Family Members in a Georgia Wrongful Death Claim

A fatality resulting from a motorcycle accident is undeniably a tragedy. No legal claim can ever truly compensate for such a devastating and heart-wrenching loss. Nevertheless, grieving family members seek justice, accountability, and comprehensive financial support. Even in a wrongful death case, families cannot rely on defendants or insurance companies to prioritize their best interests. Our Georgia motorcycle accident wrongful death lawyers are dedicated to assisting grieving families in securing the utmost financial recovery. Damages may include:

  • Economic Damages:
    • Funeral and burial expenses
    • Out-of-pocket medical expenses
    • Loss of the deceased’s income and benefits
  • Non-Economic Damages:
    • Loss of companionship, love, and emotional support
    • Loss of guidance, counsel, and advice
    • Loss of consortium
  • Punitive Damages (Limited Cases): In specific situations, the family may also be entitled to punitive damages. These damages serve as a penalty, imposed to punish particularly egregious conduct that led to the accident. An example could be drunk driving.

Our commitment is to support families through the legal process, ensuring that they receive the maximum financial recovery possible during these challenging times. If you have experienced such a loss, do not hesitate to reach out to our Georgia motorcycle accident wrongful death lawyers for dedicated and compassionate legal assistance.

Motorcycle Accidents and Wrongful Death: Frequently Asked Questions (FAQS)

What Constitutes a Wrongful Death for the Purposes of Georgia Law?

In a motorcycle accident, wrongful death occurs when a motorcyclist or their passenger loses their life due to someone else’s negligence, recklessness, or intentional misconduct. To establish a successful wrongful death claim, the plaintiffs—the family of the victim—must demonstrate the defendant’s negligence.

Who Can File a Wrongful Death Lawsuit After a Fatal Motorcycle Crash in Georgia?

As mentioned earlier, not every individual close to the victim has the right to initiate a wrongful death lawsuit following a fatal motorcycle crash in Georgia. According to state law, the primary right to file a wrongful death claim lies with the surviving spouse of the deceased. If there is no surviving spouse, the deceased’s children may then proceed with the claim. In instances where there are neither surviving spouse nor children, the deceased’s parents or the representative of the deceased’s estate are eligible to bring forth the claim.

How Can a Georgia Wrongful Death Attorney Help in a Motorcycle Crash Case?

Wrongful death claims are known for their complexity. You and your family don’t have to navigate the intricacies of the legal system alone. A Georgia wrongful death lawyer with experience in motorcycle accident law can offer invaluable assistance. Your attorney will assist you in constructing a robust case, holding the at-fault parties and their insurers accountable, and taking proactive measures to protect your rights.

Why Grieving Families Trust Our Wrongful Death Injury Lawyers with their Claims

The loss of a close loved one in a motorcycle accident is genuinely devastating, especially when discovering that the fatal accident might have been preventable with proper safety precautions by the other party. While recognizing that nothing can truly compensate for your loss, the legal team at Lawbike Motorcycle Injury Lawyers understands that your family seeks justice, closure, and the maximum financial support available under the law. When you reach out to our law firm, you can connect with a Georgia wrongful death attorney who can:

  1. Listen to your story and address questions about Georgia’s wrongful death laws;
  2. Conduct a thorough investigation of the fatal motorcycle accident;
  3. Manage all legal paperwork, including interactions with insurance companies; and
  4. Develop a motorcycle accident wrongful death claims strategy focused on achieving results.

Lawbike Motorcycle Injury Lawyers has successfully recovered millions in pursuing wrongful death claims for our clients.

Contact Our Georgia Wrongful Death Attorneys Today

At Lawbike Motorcycle Injury Lawyers, our Georgia wrongful death lawyers possess the skills and expertise to manage various types of motorcycle accident crash claims. Reach out to us at 866-529-2453 or contact us directly online for your free, no-obligation consultation with an experienced wrongful death lawyer. We advocate for families who have lost a loved one to a motorcycle crash throughout all of Georgia.


At Lawbike Motorcycle Injury Lawyers, our Georgia motorcycle accident attorneys are passionate, experienced specialists. We have what it takes to help injured motorcyclists get justice after a serious crash.

You do not have to take on the legal system alone. Call us now at 866-529-2453 or contact us online for a free, no commitment review of your case. With law offices in Atlanta and Roswell, we represent motorcycle accident victims throughout all of Georgia.