Lane Splitting, Helmets, and Georgia Law: Common Motorcycle Accident Misconceptions

As busy as our roadways are in Atlanta, we have to make space for motorcycles and that starts with every motorist. Motorcyclists have even a greater duty to themselves to stay safe on the roads. There are several misconceptions that we hear often about motorcycle laws in Georgia. These common assumptions lead to confusion and can play a role in accidents. 

If you or a loved one are in a motorcycle accident, we encourage you to reach out to an Atlanta motorcycle wreck attorney at our law firm to learn more about your legal rights and options. 

Misconception #1: Lane Splitting is Legal in Georgia

What’s the real deal? Lane splitting is illegal according to Georgia law (O.C.G.A. § 40-6-312).

Lane splitting is when a motorcyclist rides between lanes of slow-moving or stopped traffic. Most riders assume that lane splitting is permitted in Georgia because they have seen it in other states, such as California, where it is legal. It is a common yet controversial topic. You have likely witnessed lane splitting when sitting at a stoplight and a motorcycle comes up between you to get to the front of the line. 

The Truth about Lane Splitting in Georgia

Unlike California, though, Georgia law explicitly prohibits lane splitting. According to Georgia law (O.C.G.A. § 40-6-312), motorcycle riders are not allowed to operate their vehicles between lanes of traffic or between adjacent rows of vehicles. You should understand the law to mean that if a motorcyclist is caught lane splitting, they may be subject to a traffic violation or fine. More importantly, if an accident occurs while lane splitting, the motorcyclist may be found at fault, potentially affecting any claim for damages. 

While some cyclists argue that lane splitting can reduce traffic congestion and enhance rider safety by preventing rear-end accidents, Georgia lawmakers have yet to legalize the practice. Until state laws change, motorcyclists should avoid lane splitting to stay compliant and reduce their risk of accidents.

Misconception #2: Helmets Are Optional for Adult Riders

What’s the real deal? Helmets are required for motorcycle riders of all ages according to Georgia law (O.C.G.A. § 40-6-315).

Another widespread misconception is that helmets are only required for minors or inexperienced riders on a motorcycle in Georgia. Some motorcyclists believe that they have the right to choose whether to wear a helmet, assuming that personal freedom overrides state regulations, but that is not the case…

About Georgia’s Helmet Law

Georgia has one of the strictest helmet laws in the country. Georgia law (O.C.G.A. § 40-6-315) mandates that all motorcycle riders and passengers wear a U.S. Department of Transportation  (DOT)-approved helmet regardless of the rider’s age, experience level, or type of motorcycle.

Wearing a helmet is not just about legal compliance–it is a critical safety measure. According to the National Highway Traffic Safety Administration (NHTSA), helmets reduce the risk of head injury by 69% and the risk of death by 37%. Despite these statistics, some riders resist earring helmets due to discomfort or a belief that helmets impair vision and hearing. There are plenty of modern helmets designed to provide maximum protection without significantly hindering a rider’s senses.

Failure to wear a helmet in Georgia can have impacts beyond a medical emergency, too. If a motorcyclist is injured in an accident and was not wearing a helmet, it could impact their ability to recover full compensation for their injuries. Insurance companies and opposing legal teams may argue that the ride contributed to their injuries by failing to wear proper protective gear. Consulting with an Atlanta motorcycle wreck attorney can help injured riders navigate these legal challenges and seek fair compensation.

Misconception #3: Motorcycle Accidents Are Usually the Rider’s Fault

What’s the real deal? Motorcycle accidents happen for a variety of reasons.

A common stereotype is that motorcycle accidents occur due to reckless riding or excessive speeding by motorcyclists. While some accidents do result from rider negligence, studies show that a significant percentage of motorcycle crashes involve another vehicle whose driver failed to see or yield to the motorcyclist. 

Determining Fault in Motorcycle Accidents

According to research from the NHTSA, nearly two-thirds of motorcycle accidents involving another vehicle occur because the other driver violated the motorcyclist’s right of way. Common causes include:

• Left-Turn Accidents – a vehicle turning left in front of an oncoming motorcycle is one of the most frequent causes of motorcycle crashes.
• Failure to Check Blind Spots – motorcycles are smaller than cars, making them harder to see. Many Accidents occur when drivers change lanes without checking their blind spots.
• Distracted Driving – texting, taking on the phone, and other distractions contribute to crashes involving motorcycles.
• Following Too Closely – cars that tailgate motorcycles increase the risk of rear-end collisions, which can be fatal for riders.

Despite these statistics, motorcyclists often face bias from law enforcement officers, insurance, companies, and juries that can make it more difficult for an injured rider to prove fault and obtain the compensation they deserve. An experienced Atlanta motorcycle wreck attorney understands these challenges and can advocate for the rights of injured motorcyclists. We have done this for hundreds of motorcyclists and their families throughout the state and we can do the same for you.

Misconception #4: If You Have Insurance, You Don’t Need an Attorney

What’s the real deal? Pursuing legal action without an attorney will likely result in a less fair settlement.

We sometimes encounter riders who assume that their insurance will fully cover their expenses after an accident. However, we have to recognize that insurance companies are primarily focused on minimizing payouts, which means that injured motorcyclists may receive lower settlements than they deserve.

The Role of a Motorcycle Accident Attorney

Hiring an Atlanta motorcycle wreck attorney can significantly impact the outcome of a claim. Choosing to represent yourself cannot compare to working with a reputation personal injury law firm like Mabra Law. Without legal representation, an injured motorcyclist is likely to accept a settlement that does not cover all of their expenses. An experienced attorney at our law firm can fight for maximum compensation and ensure that justice is served.

Our Atlanta Motorcycle Wreck Attorney Team is Standing by to Help

If you or a loved one has been involved in a motorcycle accident, seeking legal guidance is crucial. An Atlanta motorcycle wreck attorney at Mabra Law can help you build a strong case, and secure the compensation you deserve. Understanding the law and working with an experienced attorney can make all the difference in protecting your rights and ensuring a fair outcome. Contact us to learn more and receive a free consultation.