Motorcycle Crash Injuries

PROVING FAULT AGAINST DEFENDANT DRIVER

For determining fault against a defendant driver, the basic components for proving fault or responsibility in a motorcycle crash are:

1. Proving there was a duty of reasonable care that each owed you;
2. There was a breach of duty owed to you for each who may be responsible;
3. The breach of their duty caused your motor vehicle crash injuries; and
4. You did not contribute to causing your motor vehicle crash injuries.  In Georgia, the person making an injury claim must be 49% or less at-fault than the other responsible party or parties to recover.

In Georgia, the violation of a traffic law is negligence per se, which means that negligence is presumed.  See Maxineau v. King, 304 Ga. App. 217, 695 S.E.2d 732 (2010).  However, this does not automatically prove fault.  Rather, it shifts the burden of proof to the defendant to show that the traffic violation was unintentional and exercise of reasonable care.  Unless the defendant has plead guilty to a traffic violation, evidence of any traffic court charge and disposition of that traffic case is not admissible against the defendant.  See Eubanks v. Waldron, 263 Ga. App. 75, 587 S.E.2d 253 (2003).  Further, the Georgia Court of Appeals has stated that a defendant's mere payment of a traffic fine is also not admissible of his or her guilt or fault.  See Howard v. Lay, 259 Ga. App. 391, 577 S.E.2d 75 (2003).

Even if an injured claimant can prove a defendant's negligence whether negligence per se or otherwise, that claimant must still prove that the defendant's negligence was the cause of his or her injuries as the Georgia Court of Appeals has stated in Cannon v. St., 220 Ga. App. 212, 4698 S.E.2d 343 (1996).