Motorcyclists across Georgia face significant risks on the road, and helmet use is a crucial factor in both safety and legal outcomes. At Burnside Law Firm LLP, with offices in Augusta and Athens, we bring over 50 years of combined legal experience to every personal injury case. Our attorneys are highly recognized in the field, with accolades such as Super Lawyers, Best Lawyers in America, Georgia Trend’s Legal Elite, and Martindale-Hubbell AV Preeminent Rating. We understand Georgia’s helmet laws and how they influence compensation after a motorcycle accident.
Our Legal Perspective on Motorcycle Cases
At Burnside Law Firm LLP, our approach to motorcycle accident claims is shaped by decades of courtroom success, community involvement, and legal leadership across Georgia. Our attorneys have handled complex injury cases throughout Clarke County, Martinez, Atlanta, and the Augusta Judicial Circuit, always tailoring strategies to local court dynamics and client needs.
Leadership, Recognition, and Local Insight
- Thomas R. Burnside III, our founding partner, has served on the State Bar Board of Governors (2007–2022) and participated in the State Disciplinary Board – Investigative & Review Panels. Recognized in Atlanta Magazine’s Top Attorneys in Georgia, he also holds a Martindale-Hubbell AV Preeminent Rating and has been honored by Best Lawyers in America and Georgia Super Lawyers.
- Garon Muller, known for his sharp litigation skills and community leadership, is a Super Lawyers honoree (2021–2023) and a recipient of the Augusta Metro Chamber of Commerce’s “Top Ten in Ten” Award. He is a past president of the Augusta Bar Association, served on the Georgia Bar Young Lawyers Division Executive Committee, and chairs the board for Turn Back the Block, a nonprofit revitalizing Augusta neighborhoods.
- Robert MacGregor brings trial-tested experience from his background as a former public defender for the Augusta Judicial Circuit. A member of the State Bar of Georgia and South Carolina Bar, he is a 2024–2025 participant in the Georgia Trial Lawyers Association LEAD Program.
- Ashton Revollo, a graduate of Emory University School of Law, is active throughout the Aiken–Augusta region. She previously worked at a high-volume Atlanta injury firm, interned with the DeKalb County District Attorney’s Office, and managed a successful judicial campaign, adding insight and agility to our team.
We combine this breadth of experience with a commitment to client-focused representation, grounded in integrity and results.
Georgia Helmet Law Overview
Under Georgia Code § 40-6-315, all motorcycle riders and passengers must wear a helmet approved by the Department of Transportation (DOT). The law also mandates protective eye gear unless the motorcycle has a windshield. This applies to both urban roads in Augusta-Richmond County and rural areas like Waynesboro or Clarke County.
Failure to comply with helmet laws can result in traffic citations, but more importantly, it can impact how compensation is evaluated in personal injury cases.
How Helmet Use Affects Motorcycle Accident Claims
In the event of a motorcycle crash, helmet use—or the lack thereof—can influence the outcome of an injury claim. Georgia follows a modified comparative negligence system. This means your compensation may be reduced if you are found partially at fault.
1. Insurance Company Defenses
Insurance companies often argue that failing to wear a helmet contributed to the severity of the rider’s injuries. This is especially common in head trauma cases. For example, in Augusta-area crashes near Deans Bridge Road or Gordon Highway, insurers may attempt to shift blame to the rider during settlement negotiations.
A common defense is that the injury would not have occurred—or would have been less severe—if a helmet had been worn. This tactic seeks to reduce the insurer’s liability by arguing contributory fault. Even if the other driver was primarily at fault, this defense could lower the compensation awarded unless effectively rebutted.
2. Jury Perception
In courtrooms such as those in the Augusta Judicial Circuit, jurors may view helmet use as a sign of responsible behavior. Riders who comply with Georgia’s helmet laws may have an advantage in demonstrating they took reasonable precautions.
Failing to wear a helmet can sway jury opinions, especially in traumatic brain injury cases. Our attorneys work to ensure jurors understand the broader context of the crash, including the actions of the other driver and the preventability of the accident.
3. Legal Strategy and Case Building
At Burnside Law Firm, we work with accident reconstructionists and medical experts to demonstrate causation and refute attempts to undervalue claims. Attorneys like Garon Muller, a Super Lawyers honoree (2021–2023) and past president of the Augusta Bar Association, understand how to counter these tactics and advocate for full and fair compensation.
We also gather comprehensive medical documentation and expert testimony to show that the absence of a helmet did not cause—or significantly worsen—the injury. Our familiarity with Augusta-area medical providers and traffic patterns gives us an edge in crafting strong, evidence-based arguments.
Real-World Impact
In prior Augusta-based cases, we’ve successfully obtained compensation even when the rider was not wearing a helmet. Our team’s extensive courtroom experience and familiarity with local judicial tendencies help us navigate these challenges. Whether the crash occurred near Augusta University, Evans, or on high-speed roads like I-520, we approach each case with thorough preparation and compassion.
FAQs: Georgia Helmet Laws & Motorcycle Accident Claims
Q: Do I have to wear a helmet while riding a motorcycle in Georgia?
A: Yes. Georgia law requires all motorcycle riders and passengers to wear DOT-approved helmets, regardless of age or experience level.
Q: Can I still file a claim if I wasn’t wearing a helmet?
A: Yes. While not wearing a helmet may affect your compensation, it doesn’t prevent you from filing a personal injury claim. Each case is evaluated on its individual merits, and Burnside Law Firm can help protect your rights.
Q: How does helmet use affect my injury claim in Augusta, GA?
A: Helmet use can influence how insurers or juries evaluate injury severity. In areas like Bobby Jones Expressway or Wrightsboro Road, where high-speed crashes are more common, wearing a helmet may strengthen your claim. However, our team has successfully argued cases even when the client was not in compliance with the helmet law.
Q: What defenses do insurance companies use if I wasn’t wearing a helmet?
A: They may claim that your injuries were caused or worsened due to the lack of a helmet. This can lead to reduced compensation under Georgia’s comparative negligence rules. Burnside Law Firm works with medical experts and crash analysts to challenge these assumptions.
Q: Why should I choose Burnside Law Firm LLP after a motorcycle accident?
A: With decades of success in Georgia injury law, our firm combines trial-tested courtroom experience, local insight, and nationally recognized credentials to deliver results. We’ve handled claims in Clarke County, Martinez, Atlanta, and the Augusta Judicial Circuit, and we offer personalized attention from start to finish.
When to Contact a Motorcycle Accident Attorney
If you’ve been injured in a motorcycle accident in Augusta, Athens, or surrounding Georgia communities, reach out to Burnside Law Firm LLP for a free consultation. Our attorneys—including those with leadership roles in the Georgia Trial Lawyers Association and Augusta Bar Association—have the tools to fight for the compensation you deserve.
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