What to Do After Losing a Loved One in a Motorcycle Crash
Losing someone you love is always hard. But when it happens suddenly in a motorcycle accident, the pain can feel even worse. It’s confusing, scary, and deeply heartbreaking.
I understand what your family is going through. I’m attorney Gary Martin Hays, and I’ve helped thousands of Georgia families after tragic accidents. My goal is to help you understand your legal rights when a loved one dies in a motorcycle crash.
In this article, you'll learn:
- What a motorcycle wrongful death claim is
- Who can file a claim in Georgia
- What challenges your family might face
- How a lawyer can help you get the money and support you deserve
Let’s start by understanding the law.
What Is a Motorcycle Wrongful Death Claim in Georgia?
When someone dies in a motorcycle accident because of someone else’s carelessness, the law allows the family to seek justice through a wrongful death claim. It’s a way to ask for money to help with what was lost.
This is not a criminal case. It doesn’t put anyone in jail. Instead, it focuses on helping your family recover financially and emotionally.
The “Full Value of Life” in Georgia
In Georgia, the law looks at the full value of the life of the person who died. This includes:
- The money they would have earned
- Their love, support, and care for the family
- What they meant emotionally to their loved ones
To win a claim, your lawyer must prove that the other driver failed in their duty to drive safely, their actions caused the accident, and your family is suffering because of it.
Georgia's 50% Fault Rule
Georgia uses something called modified comparative negligence. Here’s what that means:
- If the motorcyclist was 50% or more at fault, your family gets nothing
- If the rider was less than 50% at fault, the compensation is reduced
So if your loved one was found 20% at fault, your family could still get 80% of the total amount.
That’s why having an experienced Georgia motorcycle accident lawyer is so important.
Who Can File a Motorcycle Wrongful Death Claim in Georgia?
Georgia law only allows certain family members to file this type of claim. Here’s the priority order of who can do it:
- Surviving Spouse: If the rider was married, the husband or wife can file. They also represent any minor children.
- Children: If there is no spouse, the kids can file the claim. Grown or minor children share the money equally.
- Parents: If the rider had no spouse or children, the parents can file.
- Estate Representative: If none of the above are alive or available, a person called the estate representative can file the claim.
Not sure who qualifies? My team can help figure it out for your family.
Why Wrongful Death Motorcycle Claims Can Be Tough
I know you’re grieving. But families often face extra challenges in these cases.
Some people think motorcyclists are always taking risks. This unfair bias can hurt your case. Insurance companies try to use it against your family.
They may also offer you a very low amount or twist your words. Never talk to them without your lawyer present.
Need for Strong Evidence
Your loved one can’t tell their side. So we have to gather:
- Crash reports
- Witness statements
- Photos and videos
- Medical records
- Expert opinions
My team works fast to find the truth and protect your family’s rights.
How a Georgia Motorcycle Wrongful Death Lawyer Can Help
When you’re in pain, you shouldn’t have to fight a legal battle alone. That’s where me and my team come in.
We provide support. We listen to your story, explain every step, and give you space to heal.
We investigate deeply. We gather all the facts, find out who is really at fault, and look for all parties that may be responsible.
We deal with insurance companies. We talk to them so you don’t have to, pushing back against lowball offers and fighting for what your family really deserves.
No upfront cost. We only get paid if we win your case.
What Money Can Your Family Recover?
There are three main kinds of money your family may get (referred to as damages).
- Economic Damages - Medical bills, lost job earnings, funeral and burial costs, and repair/replacement of the motorcycle.
- Non-Economic Damages - Loss of love and guidance, emotional suffering, and pain and grief.
- Punitive Damages - If the other driver was extremely reckless (like drunk driving), a court may add extra money to punish them.
Why Choose Our Law Firm?
I’m Gary Martin Hays and my firm has recovered over $1 billion for our clients. My law partner, Sarah Jett, and I have written multiple books to help injured victims and grieving families, including The Authority on Wrongful Death Claims in Georgia.
We know these cases. We’ve handled many motorcycle crashes and wrongful death claims just like yours. Most of all, we care. Past clients have shared how much they appreciate our help during the hardest time of their lives.
Losing someone in a motorcycle accident is heartbreaking. But you don’t have to go through this alone.
A motorcycle accident lawyer in Georgia can guide your family, fight for your rights, and work to get the money and peace of mind you need. From Atlanta to Augusta, Savannah to Macon – we’re here for you. We’ll even come to you if needed.
Reach out today at (770) 934-8000 for a free consultation. Let’s talk about your case and how we can help your family find justice and healing.
