Determining Who is Legally Liable in a Motorcycle Accident

Motorcycle accidents, not unlike other motor vehicle collisions, often occur because of the negligence of a vehicle operator. Generally, in Georgia, the person who was most negligent must take most responsibility by paying for the lion’s share of the damage he caused. If there is another party responsible, that party must cover his or her share of the fault. In Georgia, if the motorcycle driver is less than 50% at fault he may recover against another at fault party for his injuries. However, if that driver is 50% or more at fault, he cannot recover anything, not even if another vehicle operator was 49% to blame.

Often, there are cases where a negligent driver who causes a wreck is working for his employer at the time the wreck is caused, for instance, a delivery truck, a contractor on his way to a job site, a concrete truck, etc. In such a case, Georgia’s law would permit you to also sue the driver’s employer under the legal principals of respondeat superior (vicarious liability), negligent hiring or negligent supervision.

Partial Fault of the Motorcycle Accident Victim May Reduce a Recovery

As discussed above, even if you were careless and were partially at fault for a motorcycle accident, you are legally allowed to get a partial recovery from the one who was most careless or reckless. In Georgia, if your percentage of negligence was equal to or greater than that of the other driver, then there can be no recovery for the injured motorcycle accident victim. In other states, if the injured motorcycle rider is more at fault that the other driver, the injured victim may still recovery the percentage of fault attributed to the other driver.

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