Motorcycle Accident Caused by a Distracted Driver: Who’s Liable?

📞 Call 770GoodLaw at (770) 214-4309 for a free consultation if you or a loved one has been injured in a motorcycle accident caused by a distracted driver.

Motorcyclists are among the most vulnerable users on the road. Devoid of the steel armor that shields car occupants, they rely instead on awareness, reflexes, and — most importantly — the vigilance of others sharing the road. Yet despite these precautions, distracted drivers remain one of the leading causes of catastrophic motorcycle accidents across Georgia and the U.S. The question that often arises in the aftermath is as complex as it is urgent: Who is liable?

In this post, we’ll untangle the legal nuances of distracted driving, explore the concept of negligence under Georgia law, and explain how a skilled personal injury attorney can help you recover the compensation you’re rightfully owed.

The Rise and Risk of Distracted Driving

Distracted driving is a modern epidemic. According to the National Highway Traffic Safety Administration (NHTSA), more than 3,000 people were killed in distracted driving crashes in 2021 alone — a number that doesn’t account for the countless more who were injured.

Distractions can be classified into three primary categories:

Visual – Taking eyes off the road (e.g., texting, looking at GPS).
Manual – Removing hands from the wheel (e.g., eating, adjusting the radio).
Cognitive – Mental distraction (e.g., daydreaming, emotional distress).

Smartphones, infotainment systems, and even simple inattention can turn a two-ton vehicle into a deadly projectile — especially dangerous to motorcyclists, who are 28 times more likely than car occupants to die in a collision.

Georgia Law on Distracted Driving

Georgia’s Hands-Free Georgia Act, implemented in 2018, prohibits drivers from holding or supporting a phone while operating a vehicle. It also outlaws reading, writing, or sending texts and using apps while driving.

Violations of this law — whether through phone use, eating, grooming, or handling pets — can be cited as prima facie evidence of negligence in a personal injury case. In other words, a distracted driver breaking the law is more likely to be held liable for a crash.

Liability in Motorcycle Accidents Involving Distracted Driving

Determining liability in any accident hinges on a legal doctrine known as negligence. To hold another driver accountable, you must prove four elements:

Duty of Care – All drivers are legally obligated to operate their vehicles safely.
Breach of Duty – Engaging in distracted driving constitutes a breach.
Causation – The breach must directly cause the accident.
Damages – Tangible injuries or financial losses must result.

If a driver was texting, eating, or otherwise distracted when they struck a motorcyclist, this is strong evidence of negligence. However, the analysis doesn’t end there.

What If the Motorcyclist Shares Fault?

Georgia follows a modified comparative negligence system under O.C.G.A. § 51-12-33. This means that if you, the injured motorcyclist, are found to be less than 50% at fault, you may still recover damages. However, your compensation will be reduced in proportion to your degree of fault.

Example: If you’re awarded $100,000 but found 20% at fault, your total recovery will be $80,000.

Some common scenarios where partial fault is argued include:

Riding without a helmet
Speeding
Lane-splitting (not explicitly legal in Georgia)
Failing to use turn signals

This is where having a meticulous legal strategy becomes critical. A good personal injury lawyer will work to minimize your share of fault and demonstrate the overwhelming negligence of the distracted driver.

The Role of Evidence in Establishing Liability

Building a strong motorcycle accident claim requires collecting concrete, admissible evidence. This is not simply about telling your side of the story — it’s about proving it.

Key pieces of evidence include:

Police reports – These often document the distracted driver’s behavior, citations, or cell phone use.
Witness statements – Neutral third parties can corroborate your version of events.
Traffic camera or dash cam footage – Video evidence is exceptionally persuasive in proving distraction.
Phone records – With a subpoena, your attorney can request cell phone logs that show texting or calls during the crash.
Accident reconstruction experts – These specialists use physics and engineering principles to determine vehicle movement and causation.

Damages You Can Recover in Georgia

If you’re injured in a motorcycle accident caused by a distracted driver, you may be entitled to a range of damages, including:

Medical expenses (emergency care, surgeries, rehab)
Lost income and future earnings
Pain and suffering
Property damage (your motorcycle and gear)
Emotional distress or loss of enjoyment of life
Wrongful death damages (if a loved one was killed in the crash)

Your legal team will work to fully document your losses — not just the visible ones, but also the long-term emotional and financial toll of the accident.

Why Insurance Companies Push Back

Distracted driving is nearly always negligent — so why aren’t these cases straightforward?

Insurance companies are in the business of minimizing payouts. They may:

Dispute the degree of fault
Claim you contributed to the crash
Offer a lowball settlement early on
Delay or deny your claim outright

This is where legal representation makes all the difference.

Why You Need an Attorney — and Why You Need 770GoodLaw

Navigating a distracted driving motorcycle crash claim isn’t just about knowing the law — it’s about applying it strategically and persuasively.

At 770GoodLaw, we specialize in representing motorcyclists across Georgia who have been injured due to another driver’s carelessness. Our team has the resources, courtroom experience, and investigative skill to:

Secure crucial evidence before it disappears
Subpoena phone records and traffic data
Build compelling legal arguments to counter comparative fault
Negotiate aggressively with insurers
Take your case to trial, if necessary

You deserve representation that treats your case with the gravity and attention it warrants. You deserve 770GoodLaw.

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

Steps to Take After a Motorcycle Accident Caused by a Distracted Driver

Call 911 and seek medical attention – Even if you feel okay, internal injuries may not be immediately apparent.
Gather evidence at the scene – Take photos, record witness statements, and get a copy of the police report.
Do not admit fault – Anything you say can be used against you.
Notify your insurance company – But be cautious and avoid detailed recorded statements.
Contact an attorney – The earlier you get legal help, the better your chances of success.

Final Thoughts

Distracted driving is reckless — and when it collides with the fragility of a motorcycle, the outcome can be tragic. But Georgia law offers a path to justice for victims.

If you or someone you love has been hurt in a motorcycle crash caused by a distracted driver, don’t try to go it alone. Call 770GoodLaw at (770) 214-4309. We’re ready to fight for your rights, your recovery, and your future.

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.