How Speeding Impacts Fault in Motorcycle Crash Cases

📍 Georgia Motorcycle Injury Lawyers | 770GoodLaw
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For motorcyclists, the open road represents freedom. But when that road is shared with other vehicles—and when speed is involved—freedom can quickly give way to danger. In Georgia and across the United States, motorcycle accidents often result in serious injury or death. And one of the most critical factors in determining legal responsibility for these crashes is the role of speed.

At 770GoodLaw, we’ve helped countless riders and their families navigate the complex intersection of motorcycle law, personal injury claims, and insurance negotiations. In this article, we examine how speeding affects fault in motorcycle accident cases and what you can do to protect your legal rights.

Understanding Fault in Georgia Motorcycle Accidents

In any personal injury case, establishing who was “at fault” is foundational. Under Georgia law, fault is determined using the legal doctrine of negligence—essentially, whether someone failed to act with the reasonable care expected of them.

In a motorcycle crash, common factors that point to negligence include:

• Speeding (absolute or relative to road conditions)

• Weaving between lanes or traffic

• Failure to yield

• Distracted or impaired driving

• Mechanical failures due to poor maintenance

If speeding is a contributing factor to your crash, it may significantly alter the outcome of your claim.

How Speeding Impacts Liability in Motorcycle Crash Cases

1. Speeding and Negligence: Legal Context

Georgia law imposes strict limits on both posted and safe driving speeds. According to O.C.G.A. § 40-6-181, exceeding posted speed limits—or driving too fast for conditions—is unlawful and considered a breach of a driver’s duty of care.

If you were speeding at the time of the accident—even by a small margin—the opposing party (and their insurer) may attempt to assign fault to you under this statute. This could:

• Reduce your compensation

• Compromise your credibility in court

• Strengthen the other party’s defense

2. Modified Comparative Fault in Georgia

Georgia follows a modified comparative negligence rule. If you are less than 50% at fault, you can recover compensation—but your recovery will be reduced by your percentage of fault.

Example: If you were speeding and found to be 30% responsible for the crash, your $100,000 settlement would be reduced to $70,000.

However, if you are found 50% or more at fault, you are legally barred from recovering damages.

This makes it critical to control the narrative early—and ensure the other driver’s negligence is well-documented.

The Real-World Impact of Speeding on Injury Claims

1. Insurance Adjusters Look for Speed

Insurance companies routinely investigate motorcycle accident claims by:

• Reviewing black box data (if available)

• Analyzing police reports

• Speaking to witnesses

• Citing any citations or violations, including speeding

If you’re cited for speeding, you can expect the insurance adjuster to use that as leverage to minimize or outright deny your claim.

2. Higher Speeds = More Severe Injuries

Unfortunately, crashes involving speed often lead to:

• Traumatic brain injuries (TBI)

• Spinal cord damage

• Internal bleeding

• Fractures or amputations

While these injuries support a higher compensation claim, they also invite scrutiny: insurers may argue that your speed caused—or worsened—the injuries, thus reducing their responsibility.

A skilled motorcycle accident attorney can help counter this argument with forensic evidence and medical testimony.

What If the Other Driver Was Also at Fault?

Speeding does not automatically make you 100% responsible for an accident. In fact, many motorcycle crashes are caused by:

• A car turning left in front of a motorcyclist

• Sudden lane changes by a distracted driver

• Failure to yield at an intersection

If another party violated a traffic law, your attorney may be able to show that your speeding was not the proximate cause of the crash, or that the other driver bears the majority of the fault.

Steps to Take After a Speed-Related Motorcycle Crash

If you’ve been in a motorcycle crash where speeding is a factor, protect your claim by following these steps:

✅ 1. Seek Immediate Medical Treatment

Even if your injuries feel minor, get evaluated. Medical records tie your injuries to the accident and prevent future claim denials.

✅ 2. Obtain the Police Report

The official accident report may note whether speed was a factor, cite the other driver, or include helpful witness statements.

✅ 3. Preserve All Evidence

Take photos, preserve damaged gear, and avoid repairing your motorcycle until a full investigation is complete.

✅ 4. Contact a Motorcycle Accident Attorney

Do not speak to the at-fault driver’s insurance company without legal representation. Even an innocent statement may be used to imply partial fault.

How 770GoodLaw Can Help

Our team at 770GoodLaw understands the uphill battle riders face. Motorcycle accidents are often mischaracterized by insurance companies, and riders are frequently unfairly blamed for their own injuries.

Here’s what we do differently:

🕵️‍♀️ We Investigate Thoroughly

We gather traffic camera footage, GPS data, weather reports, and expert testimony to build a complete picture of the crash.

⚖️ We Protect Your Rights

We challenge exaggerated claims of speeding and fight back against insurer tactics that aim to shift blame unfairly.

🤝 We Maximize Compensation

Our goal is to recover everything you’re entitled to: medical costs, lost wages, pain and suffering, and future care needs.

🛡️ We Handle Everything While You Heal

From negotiating settlements to litigating in court, we manage the legal heavy lifting so you can focus on recovery.

📞 Call us at (770) 214-4309 for your free, no-obligation case consultation.

Final Thoughts: Speed Doesn’t Always Equal Fault

Motorcycle accident claims involving speeding are never simple—but they’re never hopeless either. Georgia law allows for fault to be shared, evidence to be weighed, and justice to be fought for—especially when you have the right legal team on your side.

At 770GoodLaw, we stand with injured riders. If you or a loved one has been hurt in a crash where speed is in question, don’t wait. Contact our office today and find out how we can help.

Accident?

Our team of experienced car accident professionals is ready to help you assess your case and fight for the compensation you deserve. Don’t let the negligence of others dictate your future–let us be your advocate in this challenging time. Contact us today at 770Goodlaw.