TL;DR:

Yes, motorcyclists can sue after a truck accident if the truck driver was at fault. Compensation may cover medical bills, lost wages, and pain and suffering.

Key Highlights:

• Motorcyclists Have Legal Rights – Georgia laws allow injured riders to file claims.
• Proving Negligence Is Key – Evidence like police reports and witness statements helps.
• Comparative Fault May Apply – You can still recover damages even if partially at fault.
• Compensation Covers Various Losses – Medical bills, lost wages, and pain and suffering.
• An Attorney Can Strengthen Your Case – Legal guidance maximizes your claim’s success.

Motorcyclists face greater risks on the road, especially when sharing highways with large commercial trucks. With the size and weight disparity between motorcycles and trucks, accidents involving the two often result in severe or fatal injuries for motorcyclists. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are 29 times more likely to die in a crash compared to occupants of passenger vehicles.

When a motorcycle-truck accident occurs, the injured rider may have legal grounds to pursue compensation. In Georgia, motorcyclists have the right to file a lawsuit if another party’s negligence caused the crash. Under O.C.G.A. § 51-1-6, anyone harmed due to another’s failure to uphold a legal duty can seek damages. However, these cases can be complex due to biases against motorcyclists and trucking companies’ aggressive defense strategies.

Understanding your legal rights and the steps to take after an accident can help you build a strong case. This guide will explain whether you can sue for a truck accident while riding a motorcycle and how Georgia law applies to your situation.

Can a Motorcyclist Sue for a Truck Accident in Georgia?

Yes, a motorcyclist can sue for a truck accident in Georgia if the truck driver or another party was at fault. Georgia follows a fault-based system, meaning the at-fault party is responsible for damages. If a truck driver’s negligence caused the accident, the injured motorcyclist can file a personal injury lawsuit to seek compensation.

Who Can Be Held Liable?

1. Truck Driver – If the truck driver was speeding, distracted, intoxicated, or violated traffic laws, they can be held responsible.
2. Trucking Company – If the company failed to train the driver, forced unrealistic schedules, or neglected maintenance, they may be liable.
3. Truck Manufacturer – If a defective part, such as brakes or tires, contributed to the crash, the manufacturer could be at fault.
4. Third-Party Maintenance Providers – If improper truck maintenance led to the accident, the repair company could be liable.
5. Other Drivers or Entities – If another driver’s negligence or poor road conditions contributed to the crash, they may share responsibility.

What Compensation Can a Motorcyclist Recover?

• Medical expenses (current and future)
• Lost wages and future earning capacity
• Pain and suffering
• Property damage
• Wrongful death damages (if the accident was fatal)
• Punitive damages (if gross negligence was involved)

Georgia’s Modified Comparative Negligence Rule

Under Georgia law (O.C.G.A. § 51-12-33), a motorcyclist can recover damages as long as they are less than 50% at fault for the crash. However, if they are found partially at fault, their compensation will be reduced by their percentage of fault.

Why Hire a Truck Accident Lawyer?

Insurance companies often try to shift blame onto motorcyclists. An experienced Atlanta truck accident lawyer can gather evidence, reconstruct the accident, and fight for full compensation.

If you or a loved one has been injured in a motorcycle-truck accident, contact a lawyer immediately to protect your rights and maximize your recovery.

Statute of Limitations

Under O.C.G.A. § 9-3-33, you have two years from the accident date to file a personal injury lawsuit. Missing this deadline could result in losing your right to seek compensation.

Steps to Take After a Motorcycle-Truck Accident

If you were involved in a truck accident while riding a motorcycle, taking the right steps can strengthen your case.

1. Seek Medical Attention Immediately

Motorcycle accidents often result in severe injuries, including:

• Traumatic brain injuries (TBI)
• Spinal cord damage
• Broken bones
• Internal bleeding

Getting medical attention not only ensures your well-being but also creates documentation that supports your claim.

2. Report the Accident to Law Enforcement

Under Georgia law (O.C.G.A. § 40-6-273), accidents resulting in injury, death, or over $500 in property damage must be reported to the police. A police report can provide critical evidence regarding liability.

3. Gather Evidence at the Scene

If possible, collect strong evidence such as:

• Photos of the accident scene, vehicle damage, and injuries.
• Contact information of witnesses.
• Dashcam or surveillance footage.

4. Avoid Speaking to Insurance Companies Without Legal Representation

Trucking companies and their insurers may try to shift blame onto you or pressure you into accepting a low settlement. Avoid making statements without consulting an Atlanta truck accident lawyer.

5. Contact an Experienced Motorcycle Accident Lawyer

Truck accident cases are complex, especially when a motorcycle is involved. An Atlanta truck accident attorney can help you:

• Prove fault and counter unfair bias against motorcyclists.
• Negotiate with insurance companies.
• Take your case to court if necessary.

What Compensation Can a Motorcyclist Recover?

If you win your claim, you may be entitled to the following damages:

1. Economic Damages (Financial Losses)

• Medical expenses: Current and future medical costs related to your injuries.
• Lost wages: Compensation for missed work due to injuries.
• Property damage: Repair or replacement of your motorcycle.

2. Non-Economic Damages (Pain and Suffering)

• Emotional distress
• Loss of enjoyment of life
• Permanent disability or disfigurement

3. Punitive Damages (If Applicable)

If the truck driver was reckless, such as driving under the influence, you may be awarded punitive damages under O.C.G.A. § 51-12-5.1.

Challenges in Motorcycle-Truck Accident Claims

Motorcyclists often face bias in personal injury cases. Insurance companies and defense lawyers may argue that motorcyclists are inherently reckless. To counter this, strong evidence and skilled legal representation are crucial.

Additionally, trucking companies have legal teams ready to minimize their liability. This is why having an experienced Atlanta Personal Injury Lawyer  is essential.

How Our Atlanta Truck Accident Lawyer Can Help You

Filing a claim after a motorcycle-truck accident can be overwhelming, but our legal team is here to help. We will:

• Conduct a thorough investigation of the accident.
• Gather expert witness testimony.
• Negotiate aggressively with insurance companies.
• Represent you in court if necessary.

Contact us for a free evaluation today to discuss your legal options.

Conclusion

If you were injured in a truck accident while riding a motorcycle, you have the right to seek compensation. Georgia law allows injured motorcyclists to sue negligent truck drivers, trucking companies, and other responsible parties. However, these cases can be complex due to legal challenges and insurance company tactics.

Taking immediate action—seeking medical care, gathering evidence, and working with an experienced lawyer—can make a significant difference in your case.

Contact us for a free evaluation today to discuss your legal options.