What Is a Motorcycle Accident Case?

Injured in a single-vehicle motorcycle crash? Road defects, debris, mechanical failures, and hazardous conditions may mean another party is liable. Our attorneys investigate and pursue all responsible parties.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

Key Takeaways

If you were injured in a motorcycle accident in Georgia or South Carolina, the deadline to file a lawsuit is 2 years from the date of injury in Georgia (O.C.G.A. § 9-3-33) and 3 years in South Carolina (S.C. Code § 15-3-530). Both states follow a modified comparative negligence rule: Georgia lets you recover if you are less than 50% at fault (O.C.G.A. § 51-12-33), and South Carolina if you are less than 51% at fault (Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991)), with your award reduced by your percentage of fault either way. Roden Law represents injury victims in Georgia and South Carolina on a contingency fee: the consultation is free and there is no fee unless we win.

Single-Vehicle Motorcycle Crash Lawyers in Georgia & South Carolina

Not every motorcycle accident involves a collision with another vehicle. Single-vehicle motorcycle crashes — where a rider goes down without being struck by another motorist — account for a significant portion of motorcycle injuries and fatalities. While these crashes are often assumed to be entirely the rider’s fault, the reality is frequently more complex. Road defects, debris, vehicle mechanical failures, and hazardous conditions created by government agencies or other parties may be the true cause.

At Roden Law, our motorcycle accident lawyers investigate single-vehicle crashes to identify all potentially liable parties. If a road defect, defective motorcycle part, or another party’s negligence caused or contributed to your crash, you may be entitled to significant compensation.

Common Causes of Single-Vehicle Motorcycle Crashes

Our investigation of single-vehicle motorcycle crashes frequently reveals third-party liability:

  • Road defects and hazards: Potholes, uneven pavement, broken road surfaces, missing manhole covers, and expansion joint gaps are particularly dangerous for two-wheeled vehicles. Motorcycles are far more sensitive to road surface defects than cars.
  • Gravel, sand, and debris: Loose gravel on curves, sand washed across the road, oil spills, and debris from other vehicles can cause a motorcycle to lose traction instantly
  • Inadequate road maintenance: Faded lane markings, missing guardrails, uncleared vegetation obscuring sight lines, and unrepaired road damage
  • Dangerous road design: Improperly banked curves, abrupt lane narrowing, inadequate shoulder width, and poorly marked construction zones
  • Motorcycle mechanical failure: Defective tires, brake failure, throttle malfunctions, steering defects, and other product defects that cause the rider to lose control
  • Animals on the road: Deer, dogs, and other animals that cause a rider to crash while swerving or braking suddenly
  • Phantom vehicles: A vehicle that causes the crash through its actions — cutting off the rider, dropping debris, or forcing evasive action — but is not directly struck

Government Liability for Road Defects

When road defects or inadequate maintenance cause a motorcycle crash, the government entity responsible for that road may be liable. However, claims against government entities have specific procedural requirements:

  • Georgia: The Georgia Tort Claims Act (O.C.G.A. § 50-21-20 et seq.) waives sovereign immunity for certain negligence claims against the state. An ante-litem notice must be filed within 12 months of the incident.
  • South Carolina: The South Carolina Tort Claims Act (S.C. Code § 15-78-10 et seq.) similarly allows negligence claims against government entities, with specific notice and filing requirements.

Our attorneys must prove that the government entity knew or should have known about the dangerous condition and failed to repair it or warn motorists within a reasonable time.

Product Liability in Motorcycle Defect Cases

When a motorcycle component fails and causes a crash, the manufacturer may be liable under product liability law. Common defects include tire blowouts, brake system failures, throttle sticking, handlebar or steering defects, and fuel system leaks that cause fires. Both Georgia and South Carolina recognize claims for design defects, manufacturing defects, and failure to warn. Our attorneys work with motorcycle engineering experts to analyze the failed component and establish the manufacturer’s liability.

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What to Do After a Single-Vehicle Motorcycle Crash

  1. Ensure safety and call 911. Move to a safe location if possible. Call emergency services to report the accident and request medical attention for anyone injured.
  2. Seek immediate medical attention. Even if injuries seem minor, get examined by a doctor. Some injuries — such as traumatic brain injuries or internal bleeding — may not show symptoms immediately.
  3. Document the scene. Take photos of all vehicles, injuries, road conditions, traffic signs, and any visible damage. Collect names and contact information from witnesses.
  4. Exchange information with all parties. Get the other driver's name, insurance information, license plate number, and driver's license number. Do not admit fault or apologize.
  5. Report the accident to police. State law requires accident reports when there are injuries or significant property damage. Request a copy of the police report.
  6. Notify your insurance company. Report the accident to your insurer promptly. Provide factual information only — do not speculate about fault or the extent of your injuries.
  7. Contact an experienced personal injury attorney. An attorney can protect your rights, handle communications with insurance companies, and help you pursue the full compensation you deserve. Roden Law offers free consultations — call today.

The Rules That Apply

  • In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33).
  • In South Carolina, you have 3 years (S.C. Code § 15-3-530).
  • Georgia — Modified Comparative Fault: You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.
  • South Carolina — Modified Comparative Fault: You can recover if less than 51% at fault. Your award is reduced by your fault percentage.

How negligence, compensation, deadlines and fault work: Motorcycle Accident Lawyers →

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Recent Case Results

Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

Frequently Asked Questions

Contact Our Single-Vehicle Motorcycle Crash Lawyers Today

If you were injured and believe another party is at fault, contact us for a free, no-obligation review. We dedicate our skills and resources to recovering the maximum compensation you deserve — at no upfront cost.