Motorcyclists face a significantly higher risk of fatal injury compared to other motorists—a fact supported by sobering national data. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists were nearly 24 times more likely to die in a crash than occupants of passenger vehicles per vehicle mile traveled in 2021. In Georgia, the Governor’s Office of Highway Safety reports that motorcycles accounted for just 2% of registered vehicles but nearly 11% of total traffic fatalities statewide in recent years (source). Despite these alarming numbers, motorcycle wrongful death claims are often misunderstood—by the public, jurors, insurance companies, and sometimes even attorneys.
From the belief that motorcyclists automatically assume legal fault to the myth that helmets negate all liability, misconceptions about motorcycle-related fatalities can severely undermine a wrongful death claim. These myths not only influence how survivors pursue compensation, but they also shape how cases are judged in court. Clearing up these legal misunderstandings is crucial for families seeking justice. This article separates fact from fiction, exposing the most common myths surrounding motorcycle wrongful death lawsuits—and explaining the legal realities under Georgia law.
Myth: “Motorcyclists Are Always at Fault”
One of the most pervasive misconceptions is that motorcyclists are inherently reckless and therefore automatically at fault in any crash. Insurance companies often reinforce this bias to limit liability and avoid large payouts. However, Georgia is a comparative negligence state (O.C.G.A. § 51-12-33), which means fault can be shared. As long as the deceased motorcyclist was less than 50% responsible for the crash, the family can still recover damages.
Fact: Fault must be proven with evidence. This includes accident reports, eyewitness statements, traffic camera footage, and crash reconstruction expert analysis. Each case is unique, and assigning fault requires a thorough investigation—not a stereotype.
Supporting Table: Comparative Fault and Damages Eligibility in Georgia
| Motorcyclist’s Fault | Eligible for Compensation? | Impact on Damages |
| 0% – 49% | Yes | Damages reduced by percentage of fault |
| 50% or more | No | No recovery allowed under Georgia law |
Myth: “You Can’t File a Claim If the Rider Wasn’t Wearing a Helmet”
Many people believe that if the deceased motorcyclist wasn’t wearing a helmet, the family loses all legal rights to file a wrongful death claim. This is incorrect. While helmet use may factor into the injury or death severity, it does not automatically bar recovery.
Fact: Georgia law (O.C.G.A. § 40-6-315) requires all riders to wear helmets, but a violation doesn’t automatically negate a wrongful death claim. Instead, it may be considered contributory negligence, which could reduce damages if proven to be a contributing factor.
Helmet use must be evaluated in context. For example, if the crash was caused by a commercial truck driver running a red light, the primary fault lies with the truck driver, regardless of helmet use.
Myth: “Insurance Doesn’t Cover Motorcycle Deaths”
Another myth is that motorcycle crashes are somehow excluded from auto insurance policies, leaving families financially stranded.
Fact: In Georgia, both liability and uninsured/underinsured motorist (UM/UIM) coverage can apply to motorcycle accidents. Additionally, many motorcycle riders carry their own specific motorcycle insurance.
It’s essential to review all available policies, including those of the at-fault driver, the motorcycle rider, and any household family members who may have stackable UM/UIM policies.
Tip: An experienced georgia wrongful death attorney can help locate all insurance coverage and determine available limits for a claim.
Myth: “Only a Spouse Can File a Wrongful Death Claim”
In the aftermath of a fatal crash, extended family members are often told they have no legal standing to file a claim.
Fact: Under Georgia law, the right to file a wrongful death lawsuit follows a specific hierarchy:
- Spouse of the deceased (and must also represent any minor children)
- Children, if there is no spouse
- Parents, if there are no spouse or children
- Estate representative, if no immediate family members survive
This means siblings, fiancés, or friends cannot file unless they are also the executor of the estate and all statutory heirs have passed away.
Myth: “You Have Plenty of Time to File the Case”
Many families wait too long to take legal action, often under the impression that there’s no rush.
Fact: Georgia imposes a strict 2-year statute of limitations for wrongful death cases (O.C.G.A. § 9-3-33), starting from the date of death. Some exceptions exist, such as when a criminal case is pending, but these are rare.
Delays can lead to lost evidence, unavailable witnesses, and missed legal deadlines, all of which can doom an otherwise valid claim.
Myth: “It’s Not Worth Pursuing If the Rider Had No Job”
Wrongful death compensation is often misunderstood as only applying to lost income. Families may wrongly believe that if the deceased wasn’t working, there’s no financial claim to make.
Fact: Georgia allows recovery for both economic and non-economic damages:
- Economic: lost income, future earnings, benefits, funeral costs
- Non-economic: loss of companionship, care, guidance, and emotional suffering
Even retirees, children, and stay-at-home parents provide value to their families that can be legally compensated.
Myth: “You Don’t Need an Attorney for a Simple Claim”
Families are sometimes told to just “deal with insurance” directly, especially when liability appears clear-cut.
Fact: Insurance adjusters are not advocates for grieving families. They are trained to minimize payouts. An experienced motorcycle accident wrongful death attorney levels the playing field, ensures full damages are pursued, and protects the family from procedural traps or lowball settlements.
In Georgia, attorney fees in these cases are often contingency-based, meaning families pay nothing unless compensation is recovered.
Myth: “If the Rider Violated Traffic Laws, the Case Is Automatically Lost”
Violations like speeding, lane splitting, or failure to signal may occur in some crashes, but they don’t always erase liability.
Fact: Georgia courts consider the totality of circumstances. A motorcyclist may have contributed to the accident but still be eligible for partial compensation if the other party bears greater fault.
Example:
A rider is speeding, but the car that struck them made an illegal left turn. The court may find the rider 30% at fault and the driver 70%. The family can still recover 70% of the damages.
Final Thoughts: Why Dispelling Legal Myths Matters
Motorcycle fatalities leave behind not just sorrow but legal uncertainty. Misunderstanding your rights due to persistent legal myths can be the difference between securing justice or walking away with nothing. By correcting these misconceptions, families can pursue rightful compensation under Georgia law and ensure those responsible are held accountable.
The legal system exists to provide remedies for preventable losses—and that includes riders who weren’t perfect. What matters most is the truth of what happened, supported by evidence and interpreted under the right legal framework.
If you lost a loved one in a Georgia motorcycle crash and you’re unsure what your legal rights are, don’t rely on hearsay or assumptions. Contact us today for a free consultation. We’ll help you understand your legal options and fight to protect your family’s future.