At Burnside Law Firm LLP, our commitment to injured motorcyclists across Augusta, Evans, Martinez, and surrounding areas is backed by over 50 years of combined legal experience and a consistent record of successful verdicts and settlements. With attorneys recognized by Best Lawyers in America, Super Lawyers, and Georgia Trend’s Legal Elite, our firm understands the real-world impact Georgia’s comparative negligence laws can have on your ability to recover compensation after a motorcycle accident.
If you’ve been injured in a motorcycle crash on roads like Bobby Jones Expressway, Washington Road, or Deans Bridge Road, it’s critical to understand how fault is determined—and how even partial blame can limit or bar your financial recovery.
Understanding Georgia’s Comparative Negligence Law
Georgia follows a modified comparative negligence system under O.C.G.A. § 51-12-33. This means that if you are found to be less than 50% at fault, you may recover damages—but those damages are reduced by your percentage of fault.
Example: A motorcyclist injured in a crash is awarded $100,000 but is found to be 30% at fault. Under Georgia law, they would only receive $70,000.
If, however, the rider is found 50% or more at fault, no compensation can be recovered.
This legal standard makes early legal representation vital, especially in Augusta where insurers may try to shift blame to reduce payouts. At Burnside Law Firm LLP, our team—led by attorneys like Thomas R. Burnside III, a Top 100 Trial Lawyer and AV Preeminent-rated attorney—has extensive experience disputing unjust fault assessments to protect our clients’ rights.
How Fault Is Often Disputed in Augusta Motorcycle Accidents
Motorcyclists are frequently unfairly blamed in crash reports, especially in congested corridors like Wrightsboro Road, Gordon Highway, and near Augusta University. According to the Georgia Department of Driver Services, over 80% of multi-vehicle motorcycle crashes are caused by the other driver, often during left turns.
Insurance companies may argue the rider:
- Was speeding or lane-splitting
- Failed to wear high-visibility gear
- Didn’t take proper evasive action
- Worsened their injuries by not wearing a DOT-approved helmet
Burnside Law Firm’s attorneys—who regularly litigate cases in Richmond County State and Superior Courts—are well-versed in challenging these tactics and pursuing full compensation.
Local Legal Experience That Makes the Difference
Whether you’re working with Garon Muller, a Super Lawyers designee, or Robert MacGregor, a former public defender for the Augusta Judicial Circuit, you’re in capable hands. Our team brings:
- Firsthand knowledge of Augusta-area court systems
- Strong ties to local communities like Harlem, Evans, and Waynesboro
- Experience negotiating with insurers familiar with Augusta crash patterns
From retrieving surveillance footage near 13th Street to pulling EMS records from Doctors Hospital of Augusta, we leave no stone unturned. Our work often uncovers the evidence needed to lower your share of fault and increase your compensation.
Example Case: Disputing Fault in Downtown Augusta
A local rider is traveling through Greene Street near the Medical District when a car turns left across their path. Police assign equal blame. The insurer denies the claim, citing Georgia’s 50% bar.
Our team, led by attorneys with Martindale-Hubbell AV Preeminent ratings, investigates further:
- GPS and dashcam data prove the rider’s speed was lawful
- Intersection cameras show the driver failed to yield
- A biomechanical expert confirms the rider’s helmet compliance
Result: The rider is assigned only 20% fault and recovers $80,000.
Why Augusta Riders Choose Burnside Law Firm LLP
Clients throughout Clarke County, Atlanta, and Augusta turn to us for:
- Recognized legal talent: Super Lawyers, Best Lawyers in America, Top Ten in Ten, Georgia Trend’s Legal Elite
- Community involvement: from Leadership Augusta to Turn Back the Block
- Relentless advocacy from start to finish
Our attorneys not only understand personal injury law, but the unique challenges that face motorcyclists in Augusta—including local biases, road conditions, and insurance practices.
FAQs: Motorcycle Accidents & Georgia Comparative Negligence
Q: Can I recover damages if I wasn’t wearing a helmet?
A: Possibly. While Georgia law requires helmet use, it does not automatically prevent recovery. However, it may impact the value of your claim. Our attorneys counter exaggerated claims by presenting solid medical and expert testimony.
Q: What happens if I’m 50% at fault in Georgia?
A: If you’re deemed 50% or more responsible for the crash, you cannot recover damages under Georgia law. Our legal team strives to gather evidence that keeps fault percentages below this threshold.
Q: Are Augusta crash cases harder for motorcyclists?
A: They can be. Local drivers and insurers often assume motorcyclists are reckless. Having a law firm like ours—experienced with Richmond County juries and court staff—can provide a substantial advantage.
Q: How long do I have to file a claim after a motorcycle accident?
Q: In Georgia, you typically have two years from the date of the accident. However, if a city or county vehicle is involved, you may need to act within six months. We handle all necessary filings on your behalf.
Q: Should I speak with the other driver’s insurance company?
A: Not without legal counsel. Insurance companies are known to use statements to shift blame. Let our experienced personal injury attorneys communicate on your behalf.
Speak With a Proven Augusta Motorcycle Accident Lawyer Today
If you’ve been injured in a motorcycle accident in Augusta, Athens, or anywhere in Georgia, you deserve trusted representation. At Burnside Law Firm LLP, we’ve earned the trust of injured Georgians for over five decades.
With credentials that include Super Lawyers, Top 100 Trial Lawyers, and Best Lawyers in America, we are prepared to fight for your recovery—whether at the negotiation table or in a Richmond County courtroom. Contact Burnside Law Firm LLP or visit our motorcycle accident page to get started. Offices in Augusta and Athens.
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