When Should You Hire a Fatal Motorcycle Accident Lawyer?

By Jeb Butler |

July 18, 2025

Motorcycle crashes are different from other traffic accidents, especially when someone dies. In Atlanta, fatal motorcycle accidents are tragic and often preventable. If your loved one has been killed in a motorcycle accident—or if you’re dealing with serious injuries that could have easily been fatal—you may be wondering when to get legal help.

This article is for people facing the hardest outcomes of a motorcycle crash. It explains what makes these accidents fatal, what Georgia law says, and when it’s time to call a fatal motorcycle accident lawyer to protect your rights.

What Makes a Motorcycle Accident Fatal?

Fatal motorcycle accidents are almost always violent and fast. Riders don’t have the protection of airbags, seat belts, or a vehicle frame. When something goes wrong, the impact is taken by the rider’s body—and that often leads to catastrophic injury or death.

In most fatal motorcycle crashes, one or more of the following happens:

The Rider Is Thrown From the Motorcycle

When a motorcycle collides with another vehicle or obstacle, the rider is often ejected. With no restraint system, they may be thrown into the road, onto the shoulder, or against a nearby object like a tree, sign, or barrier. Hitting the ground at high speed can cause fatal head trauma, spinal injuries, or damage to vital organs—sometimes even with a helmet on.

Another Vehicle Strikes the Rider After the Crash

In some crashes, a rider is ejected and then hit by another car or truck. This is common on busy roads and highways, especially when visibility is poor or traffic is heavy. Being run over causes immediate and severe trauma that is rarely survivable.

The Impact Causes Fatal Internal Injuries

Even without being thrown or struck again, the initial impact can be deadly. High-speed collisions can cause internal bleeding, crushed organs, or severe brain injury. These injuries aren’t always visible right away. A rider may be conscious after the crash but later deteriorate due to internal damage.

Emergency Care Is Delayed

After a crash, every minute counts. If EMS is delayed because of traffic, remote location, or a complex crash scene, the rider may not get the life-saving treatment they need in time. These delays can turn survivable injuries into fatal ones.

Sometimes a rider survives the crash itself but dies days or weeks later from complications—like brain swelling, infection, or organ failure. If the original injuries led to death, even indirectly, the crash is the cause in the eyes of the law.

Where Fatal Motorcycle Crashes Happen Most Often

In Georgia, fatal motorcycle accidents often happen at intersections, where drivers turn left in front of motorcycles. They also happen on highways, where high speeds make survival less likely. Poor lighting, worn road markings, and driver inattention are common contributing factors.

How Fatal Motorcycle Accident Cases Are Different Than Other Personal Injury Cases

Georgia’s wrongful death statute, found in Georgia Code § 51-4-2, allows surviving family members to file a claim for the “full value of the life” of the person who died. This includes both money the person would have earned and the intangible things—like time with family and enjoyment of life—that were lost.

There is also a separate claim that can be made by the person’s estate. Under Georgia Code § 51-4-5, the estate can ask for money to cover medical bills, funeral expenses, and any pain and suffering the person experienced before they died.

A fatal accident also brings more attention from law enforcement, more complex insurance questions, and higher financial stakes.

When Should You Hire a Fatal Motorcycle Accident Lawyer?

A Family Member Has Died in a Motorcycle Crash

If your spouse, parent, or child has died in a motorcycle accident, you should speak with a lawyer as soon as possible. Georgia law limits the time you have to file a wrongful death case. Under Georgia Code § 9-3-33, you generally have two years from the date of death to file a lawsuit. Gathering evidence, dealing with insurance, and getting expert opinions takes time. Hiring a lawyer early can help make sure this evidence is preserved.

The Crash Involved Negligence or Reckless Driving

Most fatal motorcycle accidents are caused by someone else’s carelessness. This might include:

In Georgia, this is known as “negligence.” If someone failed to follow traffic laws or acted recklessly and that caused the crash, they can be held responsible. This is the basis of a wrongful death claim.

A lawyer can help determine who was at fault, whether more than one party may be responsible (such as a driver and a company), and how to prove the connection between the crash and the death.

You’re Unsure Who Can Bring the Claim

Georgia law limits who can file a wrongful death claim. Usually, the surviving spouse has the first right. If there is no spouse, the children can file. If there are no children, the parents or the administrator of the estate may be able to file.

A lawyer can help figure out who has the legal right to bring the claim and how the compensation would be divided under Georgia law.

The Rider Died After the Crash from Related Injuries

Not every fatal motorcycle accident causes death at the scene. If the rider survived for days or weeks and later died due to crash-related injuries, you still may have a valid wrongful death case.

In Georgia, what matters is whether the crash caused the death. Even if the person died later from pneumonia, sepsis, or organ failure, you may still have a case if those conditions were set in motion by the injuries from the accident.

This is called proximate cause. But proving this often requires medical records, testimony from doctors, and a motorcycle accident lawyer who knows how to build that kind of case.

There Are Insurance Companies Pressuring You

Insurance companies move fast after a fatal crash. They may contact you, offer a quick settlement, or try to get a statement. In a time of grief, it can be hard to know what to do.

You should not sign anything or accept a settlement until you’ve had legal advice. A lawyer can speak for you and make sure you don’t give up your rights too soon.

There Are Criminal Charges Pending

If the crash involved drunk driving, street racing, or a hit-and-run, the driver may also face criminal charges. These charges are separate from your right to bring a civil lawsuit.

You don’t have to wait for the criminal case to finish before filing a wrongful death claim. A lawyer can coordinate with prosecutors and make sure your civil case stays on track.

What to Expect If You Move Forward

If you decide to hire a fatal motorcycle accident lawyer, they will investigate what happened, identify who was at fault, gather evidence, and deal with the insurance companies. They’ll also calculate the full value of the life lost under Georgia’s laws, which includes income, family relationships, and even the victim’s personal plans.

Atlanta Fatal Motorcycle Accident Lawyer

If you’ve lost someone in a fatal motorcycle crash, we understand that no amount of money will bring them back. But Georgia law does give you the right to seek answers, accountability, and financial relief. You don’t need to face this process alone.

To speak with an experienced Atlanta motorcycle accident lawyer, contact Butler Kahn by calling (678) 940-1444 or contacting us online for a free consultation. We’ll help you understand your options and make sure your family’s rights are protected.

Jeb Butler

Jeb Butler’s career as a Georgia trial lawyer has led to a $150 million verdict in a product liability case against Chrysler for a dangerous vehicle design that caused the death of a child, a $45 million settlement for a young man who permanently lost the ability to walk and talk, and numerous other verdicts and settlements, many of which are confidential at the defendant’s insistence. Jeb has worked on several cases that led to systemic changes and improvements in public safety. He has been repeatedly recognized as a Georgia SuperLawyer and ranks among Georgia’s legal elite. Jeb graduated in the top 10% of his class at UGA Law, argued on the National Moot Court team, and published in the Law Review. He is the founding partner of Butler Kahn law firm. Connect with me on LinkedIn