LEGALLY REVIEWED BY:
Stephen R. Hasner
Managing Partner at Hasner Law PC
June 21, 2025

Motorcycle accidents often result in serious injuries that can permanently alter an individual’s health, employment, and quality of life. After a collision, Kennesaw and Cobb County riders may experience prolonged medical treatment, limited mobility, and financial uncertainty. Georgia law provides a legal pathway for injured motorcyclists to seek compensation when the incident is caused by another party’s wrongful or negligent conduct.

Hasner Law represents victims who have been harmed in motorcycle crashes across Kennesaw. The firm assists clients with case evaluations, insurance disputes, liability investigations, and civil litigation. Every case is prepared based on the available evidence, applicable laws, and the unique factors involved in the incident.

If you or someone you care about has been injured in a motorcycle accident in the Kennesaw area, contact Hasner Law at  678-293-0284 to schedule a free consultation with a Kennesaw motorcycle accident lawyer.

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Kennesaw Motorcycle Accident Guide

Why Work With a Kennesaw Motorcycle Accident Attorney from Hasner Law

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Pursuing a personal injury claim after a motorcycle crash involves more than filing paperwork or recovering vehicle repairs. These claims often include pushback from insurance companies, fault disputes, and serious bodily injury that may impact future earnings or daily function. 

An experienced motorcycle wreck lawyer from Hasner Law structures the claim and ensures compliance with deadlines and evidentiary requirements under Georgia law.

Hasner Law has assisted many clients who have sustained injuries from motorcycle accidents throughout Georgia. We have secured millions of dollars for those injured by others’ negligence. Our understanding of local traffic laws, road conditions, and insurance procedures allows us to effectively assess liability and recovery opportunities. 

Legal counsel is available throughout the claims process to evaluate fault, gather documentation, and present the case in either settlement negotiations or litigation.

Clients do not pay legal fees unless compensation is secured. This contingency fee arrangement enables injured riders and their families to pursue legal action without additional financial pressure. We also offer bilingual legal services and are accessible to clients across Cobb County.

Our law firm is not a referral network. Cases are not resolved for convenience or early closure. Instead, each matter is evaluated for its full compensation potential. If settlement cannot be achieved through negotiation, Hasner Law is prepared to take the case to trial.

Common Causes of Motorcycle Accidents in Kennesaw

Motorcycle crashes in Kennesaw occur for various reasons, involving unsafe behavior by other motorists. Riders are particularly vulnerable to collisions caused by inattentive or reckless drivers, especially in areas with limited visibility or heavy traffic.

What Causes Motorcycle Accidents in Kennesaw? 

  • Failure to yield. Many accidents occur at intersections where other drivers misjudge distance or turn in front of oncoming motorcycles.
  • Lane changes without signal or clearance. Drivers who do not check blind spots or use mirrors may merge into occupied lanes.
  • Distracted driving. Cell phone use, navigation systems, or other distractions reduce driver awareness and increase collision risk.
  • Speeding. Excessive speed limits the time to react, especially when motorcycles are involved, due to their smaller size and lower visibility.
  • Driving under the influence. Alcohol or drugs impair decision-making and reaction time, contributing to preventable crashes.
  • Opening vehicle doors into traffic. In urban and residential areas, parked drivers may open doors directly into the path of a passing motorcycle.

Motorcyclists may also encounter hazards specific to road conditions. Potholes, loose gravel, and uneven pavement present greater risks to motorcycles than passenger vehicles. Poor maintenance or negligent road design may sometimes contribute to the incident.

Police reports and witness accounts often serve as the first step in establishing fault. Evidence from the scene, including photographs and vehicle damage assessments, may help clarify how the collision occurred. Reconstruction professionals or engineers may be consulted to analyze impact patterns, braking distances, and roadway alignment in more serious cases.

Accidents in Kennesaw are typically reported through the Kennesaw Police Department or the Cobb County Police Department. These reports can be obtained for use in civil claims and insurance filings.

What Compensation May Be Available in a Motorcycle Accident Claim?

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Motorcycle accident victims may seek financial compensation for the losses resulting from the collision. Georgia personal injury law allows for economic and non-economic damages, depending on the nature and extent of the harm sustained. Punitive damages may also be pursued in cases involving gross negligence or unlawful conduct.

Economic Damages

  • Medical expenses related to emergency care, surgery, rehabilitation, prescriptions, and follow-up appointments
  • Future medical costs for long-term treatment or permanent disability
  • Lost wages from missed work during recovery
  • Reduced earning capacity if the injury limits future job performance
  • Property damage, including repair or replacement of the motorcycle
  • Incidental expenses such as transportation, in-home care, or medical devices

Non-economic Damages

  • Physical pain and ongoing discomfort
  • Emotional trauma or mental distress resulting from the incident
  • Loss of ability to participate in hobbies or daily activities
  • Loss of companionship or support in cases involving spousal or family harm
  • Disfigurement, scarring, or permanent physical impairment

Georgia courts may award punitive damages to penalize extreme misconduct or reckless behavior. Under Georgia law, these damages are generally capped at $250,000 unless the responsible party was operating a vehicle under the influence of alcohol or drugs, in which case the cap does not apply.

Each category of damages must be supported by documentation. Medical records, employment verification, repair invoices, and expert evaluations are commonly used to establish a claim’s value.

Insurance companies may attempt to downplay injuries or argue that certain losses are unrelated to the accident. A comprehensive record of the incident and its impact can reduce disputes and support full recovery.

The total compensation available in a case depends on several factors, including the severity of the injury, the degree of fault attributed to each party, and the applicable insurance coverage. In Georgia, the at-fault party’s liability policy typically serves as the primary source of recovery. However, underinsured motorist coverage, umbrella policies, or claims against additional parties may also apply.

Filing a Motorcycle Accident Claim in Georgia

In Georgia, filing a motorcycle accident claim generally begins with establishing liability and assessing the extent of damages. Claims often begin with a notification to the at-fault party’s insurance provider. From there, legal counsel may submit a demand package detailing the incident, medical treatment, wage loss, and other financial impacts.

A civil lawsuit may be initiated if the insurance carrier does not offer a settlement that fully reflects the injury and losses. Lawsuits involving motorcycle crashes in Kennesaw are typically filed in Cobb County State Court or Cobb County Superior Court, depending on the amount in controversy and the legal issues raised.

The Stages of Formal Litigation After a Motorcycle Crash

  1. Pleading stage. The plaintiff files a complaint outlining the basis for liability and the damages sought. The defendant is served and submits a legal response.
  2. Discovery. Both sides exchange information, including medical records, photographs, and sworn testimony through depositions or interrogatories.
  3. Pre-trial motions and hearings. The court addresses legal disputes concerning evidence or procedure before the case proceeds.
  4. Settlement negotiations. Parties may engage in direct negotiations, mediation, or court-supervised conferences to attempt resolution without trial.
  5. Trial. If a settlement is not reached, the case is heard by a judge or jury. Evidence is presented, and the court renders a verdict.

Throughout this process, a skilled motorcycle accident attorney in Kennesaw helps ensure compliance with court procedures and facilitates strategic positioning during negotiations.

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What Are the Time Limits for Motorcycle Accident Lawsuits in Georgia?

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Motorcycle accident claims in Georgia must be filed within the time limits set by the statute of limitations. Under O.C.G.A. § 9-3-33, most personal injury claims must be filed within two years from the date of the incident. Failure to meet this deadline may result in the case being barred, regardless of the circumstances.

Exceptions to the Statute of Limitations

  • Minors. If the injured party is under 18, the two-year period may not begin until the individual reaches adulthood.
  • Legal disability. Individuals with cognitive or physical impairments that prevent them from managing legal affairs may receive additional filing time.
  • Delayed discovery of injury. In rare cases, if the injury is not immediately known, the filing deadline may begin upon discovering the harm.
  • Claims against public entities. Specific notice requirements apply if the motorcycle accident involved a city, county, or state agency. For example, ante litem notices must be filed within six months for city claims and within one year for claims involving the state.

Georgia courts enforce these procedural rules, and missing a deadline may permanently prevent recovery. Early legal review ensures that filing requirements and exceptions are correctly addressed.

Who May Be Held Liable for a Motorcycle Collision in Kennesaw?

Determining liability in a motorcycle accident requires analysis of who owed a duty of care, whether that duty was breached, and whether the breach caused the injury. In Georgia, more than one party may be held legally responsible.

Potentially liable parties include.

  • Negligent drivers. A driver who operated a vehicle in an unsafe or unlawful manner may be held directly accountable. This includes speeding, failing to yield, distracted driving, or operating under the influence.
  • Employers. Under Georgia’s vicarious liability doctrine, the employer may share liability if a commercial vehicle or delivery driver causes an accident during work hours.
  • Vehicle owners. An owner who knowingly allowed a reckless or unlicensed individual to operate their motorcycle or car may also be named in the claim.
  • Motorcycle or parts manufacturers. Manufacturers or distributors may be liable under product liability law for mechanical failure or design defects.
  • Government agencies. If poor road conditions contributed to the accident, a claim may be brought against the agency responsible for roadway maintenance or traffic control.

Georgia applies a modified comparative negligence rule under O.C.G.A. § 51-12-33 in shared liability cases. This rule permits recovery if the injured party is found to be less than 50 percent at fault. Compensation is reduced in proportion to the plaintiff’s share of liability. For example, a plaintiff found 30 percent responsible would recover 70 percent of the total award.

Liability is determined using police reports, video evidence, witness testimony, physical damage analysis, and professional evaluations. Identifying all liable parties allows for broader access to insurance coverage and increases the likelihood of full compensation.

What to Do After a Motorcycle Accident in Kennesaw

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If you are recovering at home or still hospitalized after a motorcycle accident, your priority is already your health. Now, the focus shifts to protecting your legal rights and preparing to pursue compensation for your injuries and financial losses.

1. Contact a Motorcycle Accident Lawyer Without Delay

Legal representation should be the first step after receiving initial medical care. An attorney will manage communication with the insurance companies, protect you from early settlement offers, and ensure that your claim includes all applicable damages. Early legal involvement also helps preserve evidence and prepares your case according to Georgia law.

2. Organize Medical and Legal Documentation

Begin gathering documents that support your claim or authorize your attorney to do so on your behalf. These may include:

  • Hospital records and discharge summaries
  • Bills for treatment, medication, and therapy
  • Reports from surgeons, specialists, or rehabilitation providers
  • The official accident report from local law enforcement
  • Any written or recorded communication from insurance carriers

This information will form the foundation of your injury claim and help establish both liability and the full extent of damages.

3. Limit Direct Communication With Insurance Adjusters

Insurance companies often contact injury victims early to obtain recorded statements or push for quick settlements. These offers may not reflect long-term medical needs, reduced income, or emotional harm. Direct any communication requests to your attorney to avoid saying something that could later be used to reduce or deny compensation.

4. Document the Full Scope of Your Losses

Compensation in a motorcycle injury case is not limited to hospital bills. Your attorney will help track:

  • Time missed from work and expected future wage loss
  • Out-of-pocket expenses related to your recovery
  • Long-term care or rehabilitation needs
  • Pain, discomfort, and emotional distress
  • Changes in daily function or quality of life

This documentation allows your legal team to prepare a demand that fully reflects your situation rather than relying solely on insurance evaluations.

5. Prepare for the Next Stage of the Claim

Once your attorney has gathered the necessary information, a formal demand is submitted to the at-fault party’s insurer. This outlines the facts of the case, assigns legal liability, and requests a specific compensation amount. The following steps depend on the insurer’s response:

  • Negotiation. Your lawyer will handle all discussions and counteroffers to seek a fair settlement.
  • Litigation. If the insurer refuses to resolve the claim fairly, your attorney may file a lawsuit in Cobb County State Court or Superior Court.

Your role during this time is to focus on recovery while your legal team manages the case strategy, deadlines, and procedural steps required by Georgia law.

Schedule a Free Consultation With a Motorcycle Accident Lawyer in Kennesaw

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If you were injured in a motorcycle accident in Kennesaw or the surrounding area, Hasner Law is available to evaluate your legal options and provide guidance on next steps. We handle each case individually, based on Georgia’s laws, applicable liability standards, and the client’s goals.

Consultations are free and may be scheduled by phone or through the firm’s contact form. During your consultation, an experienced motorcycle crash lawyer will review the circumstances of the incident, examine available documentation, and explain what legal options may be available.

For a free case evaluation with a personal injury attorney in Kennesaw, contact Hasner Law by calling 678-293-0284 during regular business hours.

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Managing Partner at Hasner Law PC
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Stephen Hasner is the founder and managing partner of Hasner Law PC. Since being licensed in Florida in 1997 and in Georgia in 1999, Stephen has worked tirelessly to help Georgia residents navigate the legal process following a serious injury. This includes injuries sustained at work, in motor vehicle accidents, and in cases of personal injury. The team at Hasner Law is dedicated to securing compensation for their clients who have been injured through no fault of their own.