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Q
Do I have grounds for a wrongful death claim, and who holds motorcycle accident liability if a negligent party caused my loved one’s accident, but he wasn't wearing protective gear?

A

When it comes to motorcycle accident liability, whoever is at fault will be responsible. But when helmets are mandated and an injured motorcyclist wasn’t wearing one, it could lead to a reduction in the amount of compensation available in a wrongful death claim

Consulting with Atlanta injury lawyers can help you understand your rights after the death of a loved one and how the circumstances of your case may impact your claim. We will carefully evaluate the details of your case and explain the legal options that may be available. 

Determining Motorcycle Accident Liability 

It must first be determined who was liable. In the state of Georgia, negligence is based on modified comparative fault using the 50 percent rule. If someone was injured in a crash, he or she would only be entitled to compensation if they were 49 percent or less at fault for the accident. 

If it is determined that your loved one was 50 percent or more at fault, damages cannot be recovered. So you would need to establish that all or most of the responsibility is attributed to the other party. 

Impact of Helmet Laws on a Wrongful Death Claim 

If it is found that the other party was negligent and responsible for the accident, your loved one’s adherence to motorcycle helmet laws may be taken into consideration. In Georgia, all riders are required to wear a helmet regardless of age or experience. Of course, you would need to discuss this with an attorney for more specific information based on your case. 

Wrongful Death Cases in Atlanta: An Injury Lawyer Can Help 

If you are filing a wrongful death claim because of the careless or reckless actions of another driver, consult with a lawyer at the Law Offices of Shane Smith. We can be reached at 770-487-8999 (Peachtree City) or 404-513-5415 (Atlanta). 

Damages may be available that address: 

  • medical expenses;
  • funeral costs; and
  • loss of companionship. 

Talk to a lawyer to learn about establishing motorcycle accident liability in your claim and whether helmet laws may impact your potential recovery. 

Shane Smith
Advocate for the Seriously Injured in Georgia