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 take care of all your legal needs while you focus on your 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 unfortunate reality is that motorcyclists face a heightened safety risk. Even when wearing a DOT-approved safety helmet and practicing defensive driving, motorcyclists face serious risks. Too many drivers in Georgia and throughout the country fail to safely share the road with riders. According to the most recent data from the National Safety Council (NSC), 5,579 motorcyclists were killed nationwide in 2020 alone.
Despite making up just 0.6 percent of all vehicle miles traveled in the United States, motorcyclists and motorcycle passengers account for 14 percent of highway fatalities. In other words, a motorcyclist is nearly 25 times more likely to die in a crash than other riders. Sadly, our state is no outlier. The Georgia Department of Driver Services reports that around 175 motorcyclists are killed in the state each year. Motorcyclists represent 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 devastating experience. In Georgia, the family of the deceased may be entitled to compensation for their loss through a wrongful death claim. This claim aims to hold the responsible party accountable for their negligence and to provide financial relief for the surviving family members. Here is what you should know about the wrongful death claims process for a fatal motorcycle crash in Georgia:
- Liability for a Fatal Motorcycle Accident is Based on Fault: In Georgia, the liability for a wrongful death claim arising from a fatal motorcycle accident is based on fault. The person or entity—such as a trucking company—found to be responsible for the accident will be held liable for the damages caused. To establish liability, the surviving family members or their legal representatives must prove that the defendant’s negligence, recklessness, or intentional actions caused the accident and the resulting death. Relevant evidence may include police reports, witness statements, and expert testimony. Notably, Georgia’s comparative negligence system applies to wrongful death claims
- Only Certain Parties Can File a Wrongful Death Lawsuit in Georgia: Under Georgia law (O.C.G.A. § 51-4-2). The following parties have the right to pursue a wrongful death claim in the following order:
- To start, the deceased’s spouse has the primary right to file the claim.
- If the deceased left behind minor children, the spouse must represent their interests as well.
- If there is no surviving spouse or children, the deceased’s parents may file the claim.
- In the absence of a spouse, children, or parents, the estate can pursue the claim.
- Georgia has a Two-Year Statute of Limitations for Motorcycle Crashes: In Georgia, the statute of limitations for wrongful death claims related to motorcycle accidents is two years. This means that the surviving family members have a two-year window from the date of death to file the lawsuit. Failure to file within this timeframe may result in losing the right to pursue compensation altogether. Do not wait to get started with a wrongful death claim: Consult with an experienced Georgia fatal motorcycle accident lawyer as soon as possible.
Compensation Available to Surviving Family Members in a Georgia Wrongful Death Claim
A motorcycle accident fatality is a tragedy. No legal claim could ever truly be sufficient to make up for such a devastating and heartbreaking loss. At the same time, grieving family members need justice, accountability, and comprehensive financial support. Even in a wrongful death case, families cannot count on defendants or insurance companies to look out for their best interests. Our Georgia motorcycle accident wrongful death lawyers are committed to helping grieving families secure the absolute maximum financial recovery. Damages may include:
- Economic Damages: Funeral & burial expenses, out-of-pocket medical expenses, and loss of the deceased’s income and benefits.
- Non-Economic Damages: Loss of companionship, love, and emotional support, loss of guidance, counsel, and advice, and loss of consortium.
- Punitive Damages (Limited Cases): In some situations, the family may also be awarded punitive damages. These are effectively penalty damages imposed to punish the especially egregious conduct that caused the accident. A possible example would be drunk driving.
Motorcycle Accidents and Wrongful Death: Frequently Asked Questions (FAQS)
In a motorcycle accident, a wrongful death happens when a motorcyclist or their passenger dies as a result of someone else’s negligence, recklessness, or intentional misconduct. To bring a successful wrongful death claim, the plaintiffs, the family of the victim, must prove the defendant’s negligence.
As noted previously, not every person who was close to the victim has the right to file a wrongful death lawsuit after a fatal motorcycle crash in Georgia. State law holds that the surviving spouse of the deceased has the primary right to file a wrongful death claim. If there is no surviving spouse, the deceased’s children may file the claim. In cases where there are no surviving spouse/children, the deceased’s parents or the representative of the deceased’s estate may bring the claim.
Wrongful death claims are notoriously complex. You and your family do not have to navigate the complexities of the legal system alone. A Georgia wrongful death lawyer with experience handling motorcycle accident law can provide invaluable assistance. Your attorney will help you build a strong case, hold the at-fault parties and their insurers accountable, and take action 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 truly devastating. It is even more difficult to process when you find out that the fatal accident could have been prevented if the other party had taken the proper safety precautions. While we understand that nothing could ever truly be sufficient to make up for your loss, the legal team at Lawbike Motorcycle Injury Lawyers knows that your family needs justice, closure, and the maximum financial support under the law. When you contact our law firm, you will be able to connect with a Georgia wrongful death attorney who can:
- Listen to your story and answer questions about Georgia’s wrongful death laws;
- Conduct a thorough investigation of the fatal motorcycle accident;
- Handle all of the legal paperwork, including dealing with insurance companies; and
- Develop a motorcycle accident wrongful death claims strategy focused on results.
- Lawbike Motorcycle Injury Lawyers has 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 have the skills and expertise to handle all types of motorcycle accident crash claims. Call us at 866-529-2453 or contact us directly online for your free, no-obligation consultation with an experienced wrongful death lawyer. We represent families who have lost a loved one to a motorcycle crash throughout all of Georgia.
SCHEDULE A FREE CONSULTATION WITH OUR GEORGIA MOTORCYCLE ACCIDENT LAWYER NOW
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.