Ride Buford Highway through Doraville and you pass one driveway after another, each a place where a driver can pull out without seeing you. Add the fast signals on Peachtree Industrial Boulevard and the ramp traffic on I-285, and a rider has to watch everyone.
When someone misses you anyway, Gary Huggins can help. He's a Doraville motorcycle accident lawyer at Huggins Accident Injury Lawyer, working from Perimeter Center. Call (240) 421-5511 before you talk to the other driver's insurer.
Where Doraville riders get hurt
- Left turns on Buford Highway. An oncoming driver turning into a plaza, or out of one, cuts straight across a rider's path. A left-turning driver must yield to oncoming vehicles near enough to be a hazard (O.C.G.A. § 40-6-71), and a motorcycle is one of those vehicles.
- Signals on Peachtree Industrial Boulevard. Speeds are higher, so a driver who runs a light or stops short in front of a bike leaves a rider almost no room to react.
- Merges on I-285 near Spaghetti Junction. Drivers drifting toward the I-85 ramps can move into a motorcycle sitting in their blind spot. Under O.C.G.A. § 40-6-312, a motorcycle is entitled to its whole lane, and no driver may squeeze in beside it.
- Road hazards. Gravel, potholes, loose asphalt and debris can take a bike down when a car would roll right over them. Buford Highway is a state route, so a road-defect claim there may involve the State and a 12-month notice deadline (O.C.G.A. § 50-21-26).
Call (240) 421-5511 and tell Gary what happened and where the bike ended up. He'll explain what to keep and what to photograph.
Four things the insurer will say, and how to answer them
Riders hear the same arguments again and again. None of them automatically ends a claim: Georgia divides fault, and only a share of 50% or more bars recovery (O.C.G.A. § 51-12-33).
Our article on Georgia's 50% rule shows how the math works.
“The driver never saw you.”
That's an admission, not a defense. A driver leaving a Buford Highway lot has to check for everything on the road, motorcycles included. Storefront video, the angle of the damage and where the bike came to rest can show you were there to be seen.
“You were speeding.”
Speed is the go-to argument against riders. An accident reconstructionist can estimate speed from skid and gouge marks, crush damage and video. Even if you were a little fast, your award is cut only by your share, as long as that share stays under 50%.
“You weren't wearing a helmet.”
Helmets are mandatory in Georgia for riders and passengers alike (O.C.G.A. § 40-6-315), so if you weren't wearing one, the insurer will say your head injury would have been milder. But a helmet has nothing to do with who caused the crash, or with a broken leg or road rash.
If you wore one, set it aside, damage and all.
“You were splitting lanes.”
Lane splitting is illegal in Georgia (O.C.G.A. § 40-6-312), and if you were between lanes, the insurer will lead with it. Even so, a driver who swerved over without a signal or a glance is still partly to blame, and those percentages decide the case.
If an adjuster is already asking how fast you were going, stop and call (240) 421-5511. You don't have to answer on a recorded line.
Insurance for Doraville riders
Because Georgia is an at-fault state, the driver who caused the crash, through that driver's liability insurer, is first in line to pay. But Georgia lets drivers carry as little as $25,000 per injured person, and a serious motorcycle injury can blow past that.
Then look at your own coverage:
- UM on your motorcycle policy. Uninsured/underinsured motorist coverage can pay when the driver has none or not enough. Added-on UM stacks on top of the driver's limits. Georgia policies get it automatically unless the insured chose reduced-by in writing, a rule in place since January 1, 2009.
- Other household policies. A car policy for you or a relative you live with may also apply, depending on its terms. Gary reads every one.
- Med-pay. This optional coverage pays medical bills no matter who was at fault.
- Health insurance. It pays as you treat, and hospitals can place a lien on your settlement (O.C.G.A. § 44-14-470).
If the driver left the scene, UM may still cover you, but Georgia's law has reporting and corroboration requirements. Report a hit-and-run to police right away.
What a Doraville rider's claim can include
You may be entitled to compensation for:
- Hospital care, surgery, therapy and future treatment, including skin grafts for deep road rash
- Paychecks missed while you heal, plus lost earning power if the injury changes the work you can do
- Your bike, including custom parts, and your helmet, jacket and other gear
- Pain, scarring, and the rides and everyday activities the injury takes from you
In an ordinary Georgia injury case, there's no limit on damages for pain and suffering. When the driver was impaired by alcohol or drugs, punitive damages may also be on the table, and the $250,000 cap that usually applies is lifted (O.C.G.A. § 51-12-5.1).
Even riders who wore a helmet can suffer a traumatic brain injury, and the signs aren't always obvious in the ER. Tell your doctor about any headache, confusion or change in mood.
If the claim doesn't settle, a Doraville crash case is often filed in DeKalb County's State Court in Decatur, unless the at-fault driver's home county points somewhere else.
Protect the bike, the gear and the deadlines
- Leave the motorcycle as it is until it's photographed and, after a serious crash, inspected.
- Keep your helmet, jacket, gloves and boots unrepaired and unwashed.
- Get the report number. Doraville Police handle crashes on city streets; an I-285 crash may be worked by the Georgia State Patrol.
- Ask nearby businesses for video within days, before it's recorded over.
- Keep every bill and benefits letter. Under SB 68, for crashes on or after April 21, 2025, what your health insurer paid can be put in front of the jury (O.C.G.A. § 51-12-1.1).
- Mind the calendar. Two years for injury claims (O.C.G.A. § 9-3-33), and much less when a city, county or the State must get notice.
Gary handles the rest: the insurer calls, the records requests, the search for video and witnesses, and a full accounting of what the crash cost you. Our Atlanta motorcycle accident lawyer page covers helmet and lane-splitting law in more depth.
Talk to a Doraville motorcycle accident lawyer today
You don't need to ride, or be driven, to Perimeter Center to get started. Gary can talk by phone or video tonight and meet you at home or in the hospital. His office at 1050 Crown Pointe Parkway, Suite 500, Atlanta, GA 30338 is there for when you're back on your feet.
Gary speaks Spanish, and Spanish-speaking riders can start with our motorcycle accident page in Spanish. For other injuries, see our Doraville personal injury lawyer page.
Riders can reach Gary at (240) 421-5511 any hour for a free consultation, and there's no attorney's fee unless we recover compensation for you.
Free consultation. Gary meets Doraville clients at our Perimeter Center office, by video, or at home or in the hospital. (240) 421-5511
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Questions people ask about doraville motorcycle accident
My passenger was hurt too. Does my passenger have a claim?
Usually, yes. A passenger rarely shares the blame for a crash, so your passenger can make a claim against the driver who hit you. If the insurer argues that you, the rider, were partly at fault, your passenger may also have a claim under your own liability coverage. Those claims can compete for the same limited insurance, so it helps to look at every available policy before anyone settles.
What if gravel or a pothole caused my crash on a Doraville road?
Then a government or a contractor may share the blame, and the clock speeds up. Cities are owed written notice within six months (O.C.G.A. § 36-33-5), counties within 12 (O.C.G.A. § 36-11-1). On a state route like Buford Highway, the State’s 12-month notice rule and its $1 million-per-person damages cap may apply (O.C.G.A. § 50-21-26; § 50-21-29). Photograph the hazard before it’s fixed.
The driver who hit me had only the minimum coverage. What now?
Georgia’s minimum is $25,000 per injured person, which a serious motorcycle injury can use up quickly. Your own uninsured/underinsured motorist coverage may pay the rest, up to your limits. Added-on UM, the default since 2009, pays in addition to the driver’s policy; reduced-by UM subtracts it. Other policies in your household may apply depending on their terms, and med-pay can help with bills. Keeping a UM claim alive involves technical steps, so get advice early.
Should I let the insurance company inspect my motorcycle?
Usually, yes, but document it first. Photograph the bike from every side and keep your helmet and gear. The other insurer may ask to inspect the motorcycle, and your own insurer may need to see it for a property claim. What matters is that the bike isn’t repaired, crushed or sold before both sides have had a chance to examine it, because the damage helps show speed and the angle of impact.
How long do I have to bring a claim after a Doraville motorcycle crash?
For your injuries, generally two years from the crash (O.C.G.A. § 9-3-33). For the motorcycle, helmet and gear, four years (O.C.G.A. § 9-3-31). A spouse’s loss-of-consortium claim also gets four years. When a government vehicle or road is part of the story, notice may be due in as little as six months. Evidence like video fades much sooner than any of these deadlines.