Insurance companies have always been biased against motorcycle riders, but in 2025, they have access to newer ways to scrutinize claims. They must determine liability, calculate damages, and assess the validity of a claim based on the evidence. Coupled with Georgia’s state laws, it can make recovering compensation for injuries far more challenging.
Understanding Georgia’s Accident Laws
Georgia is an at-fault state, meaning that whoever is determined to have caused the accident will be held liable. The state also uses modified comparative negligence, which allows for shared fault between all involved parties.
In car accidents and motorcycle accidents, insurers look at the factors that impact negligence and assign a percentage of blame to the drivers. A motorcyclist who is stopped at a red light and is rammed from behind by another motorist would generally not be assigned any fault. However, in other types of accidents on the road, determining fault is more complex.
There are many ways that motorcyclists can incur blame for their injuries. If your share of the blame is more than 50%, you will be barred from seeking compensation for your injuries.
What Does Georgia Require For Helmets on Motorcyclists?
Georgia has very strict helmet requirements that mandate every motorcycle operator and passenger must wear one. The law applies to all ages and is present regardless of a rider’s experience.
The state requires that all helmets worn on motorcycles be DOT-approved and be compliant with Federal Motor Vehicle Safety Standards (FMVSS). Additionally, if the helmet does not have a face shield, all riders need to wear protective eye gear if the motorcycle they’re riding does not have a windshield.
Failing to wear a helmet is a misdemeanor offense, and Georgia’s authorities make no bones about the trouble you can find while riding a motorcycle without a helmet. Fines could be up to $1,000, and while it isn’t as common, it is possible to receive a jail term for up to one year. Violating the motorcycle helmet law will typically result in points on your driver’s license, and if you’re involved in a motorcycle accident, it could negatively affect your claim. Even if you didn’t cause the accident, you may have your compensation diminished drastically, or be barred from collecting any at all by violating this road requirement.
What Insurance Companies Look at When Evaluating Motorcycle Accident Claims
If you get into a motorcycle accident, there will be several things insurance companies examine when making their determinations.
Liability
Insurers need to determine who was at fault for the motorcycle crash. Was it you, the other driver, or even a third party? These will all be investigated and may result in partial blame for each party.
Evidence
In order to make a solid determination on liability, insurers need to consider the evidence. Your police report, medical records, statements from witnesses, photos, and videos can all help prove that the other driver caused the accident. Emerging technology also makes it possible to review cell phone records and vehicle data to see what happened in the moments leading up to the crash.
Determining Negligence
Another important point for issuing liability is determining who was negligent in this scenario. If the other driver failed to yield or ran a red light, the police officer will issue a citation to them. This could help your case, but if you were not wearing a helmet, the officer will issue a ticket to you, and this could make your percentage of fault higher than the threshold.
Damages
Insurers must also look at the full damages involved in a motorcycle accident claim. Current and future medical treatments required will likely be high, even if a rider is wearing proper gear. Motorcycles don’t provide as much protection as other vehicles on the road. There may also be lost wages due to injuries impacting the ability to work, property damage, and non-economic damages, such as pain and suffering, disfigurement, and amputation.
Motorcycle Rider Actions and Equipment
Motorcycle riders are often the subject of bias in accidents, as they are seen as risk takers. Most accidents involving motorcycles are due to the distractions of other drivers who fail to notice the motorcyclist. Even in these scenarios, a motorcyclist may face blame, especially if they weren’t wearing the right helmet or they were wearing clothes that offered less protection.
Insurers will dig deeper in these cases, looking for evidence that you’ve ridden in an unsafe way before. Maybe you got a helmet violation years ago when you first started riding, and they will unearth this to claim you’re irresponsible.
Medical Follow-Through
After being injured in a motorcycle accident, seeking medical care is crucial for your health and safety. Your injuries may be so severe that there was no way to ignore them at the accident scene. Still, don’t stop at the first treatment when the doctors tell you to come in for follow-up appointments.
Following all medical advice provided is the key to avoiding issues with receiving compensation for medical bills in these claims. If you fail to do so, insurers will claim your injuries weren’t that serious if you allow gaps in your care.
New Technology Works Its Way into Motorcycle Accident Claims
With new tech, insurers and attorneys alike will have better ways to assess motorcycle accident claims. Dash cams can log what happened before, during, and after a crash. Additionally, wearable technology and AI-powered diagnostics can help evaluate an accident and the injuries it caused to target medical needs more clearly.
AI is quickly helping to evaluate claims and serve to accurately predict future costs. While this can be helpful for fast resolution, it is a double-edged sword that means more scrutiny will be placed on motorcyclists making these claims. Ideally, it is best to seek representation from an Atlanta motorcycle accident lawyer as soon as possible after your crash to get someone to uphold your legal rights and get the most favorable outcome possible.
