Line 39 of the record
What Motorcycle-Specific Traffic Laws in Georgia Affect How Fault Is Allocated in a Crash?
Georgia’s motorcycle rules are in O.C.G.A. §§ 40-6-311 through 40-6-315, with equipment rules in Title 40, Chapter 8. Breaking one does not assign fault by itself: the violation has to have contributed to the crash or to the injuries, and the rider’s share then reduces recovery under § 51-12-33, ending it at 50 percent. One of these statutes also protects the rider, by forbidding other drivers to deprive a motorcycle of its lane.
The rules
| Rule | Statute | What the text requires |
|---|---|---|
| Seating and passengers | § 40-6-311(a), (b) | Ride on the permanent seat; on a motorcycle with handlebars for directional control, sit astride and facing forward; a passenger only on a motorcycle designed to carry one |
| Hands and footwear | § 40-6-311(c), (e) | No package that keeps the operator from keeping both hands on the handlebars; footwear other than socks |
| Lane use | § 40-6-312(a)-(d) | Full use of a lane; no passing in the same lane; no riding between lanes or rows of vehicles; no more than two abreast |
| Lights | § 40-6-312(e) | Headlights and taillights illuminated "at all times" |
| Clinging | § 40-6-313 | No attaching the rider or motorcycle to another vehicle |
| Footrests and handlebars | § 40-6-314 | Passenger footrests; handlebars no more than 25 inches above the part of the seat the operator occupies |
| Helmet and eye protection | § 40-6-315 | Approved headgear for operator and passenger; eye protection without a windshield; exceptions for enclosed cabs, motorized carts, and three-wheeled agricultural motorcycles |
| Lamps and signals | §§ 40-8-22(b), 40-8-25 | One or two headlights; a brake light; turn signals, except on motorcycles manufactured before January 1, 1972 |
The passing and lane-splitting bans in § 40-6-312(b) and (c) do not apply to police officers performing official duties (§ 40-6-312(f)).
The rule that protects the rider
Section 40-6-312(a) begins: “All motorcycles are entitled to full use of a lane, and no motor vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of a lane.” The general lane statute adds that a vehicle “shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety” (§ 40-6-48(1)). A driver who drifts into a motorcycle’s half of the lane, or changes lanes into it, is measured against these statutes.
From violation to share of fault
A traffic statute violation is treated in Georgia as a prima facie showing of negligence that the violator can rebut, and it counts only if it caused the harm; the rule is explained in negligence per se in Georgia. The jury then assigns percentages to everyone at fault.
For example, imagine a rider with $200,000 in damages whose taillight was out when a car rear-ended the motorcycle at night. If the jury finds the driver 75 percent at fault and the rider 25 percent, the rider recovers $150,000. If the jury puts the rider at 50 percent, the rider recovers nothing.
Rules about the crash and rules about the injury
The rules split into two groups for fault purposes. Lane position, lights, equipment, and impairment bear on how the crash happened. The helmet and eye-protection rules bear mainly on how badly the rider was hurt, which raises a different question about damages. Each group has its own page:
- Riding between lanes or rows of traffic: lane splitting in Georgia.
- Lights, signals, handlebars, and other equipment: motorcycle equipment violations and comparative negligence.
- Riding without a helmet: helmet nonuse and damage recovery.
Impairment
Georgia’s DUI statute applies to “any moving vehicle”, motorcycles included. It sets an alcohol concentration of 0.08 grams or more within three hours after driving (§ 40-6-391(a)(5)) and 0.02 grams or more for a person under 21 (§ 40-6-391(k)(1)), alongside the “less safe” offenses in § 40-6-391(a)(1)-(4).
What the record should show
- Whether the motorcycle’s headlight and taillight were on, from witnesses, photographs, or the lamp itself.
- Where in the lane the motorcycle was, and where the other vehicle was.
- What helmet and eye protection the rider wore, kept as they were after the crash.
- Whether a passenger was aboard, and whether the motorcycle was designed for one.
Sources
- O.C.G.A. §§ 40-6-311 through 40-6-315, 40-6-48, 40-8-22, 40-8-25 (text of the Official Code of Georgia Annotated, November 2022 release, including § 40-6-311(b) as revised by House Bill 136 (2017), as passed by the House and Senate, § 6A, and § 40-6-314(b) as amended by House Bill 166 (2016), as passed by the House and Senate, which raised the handlebar limit from 15 to 25 inches; no other amendment among these sections is listed in the 2017 to 2026 summaries of general statutes enacted); § 40-6-391 (text as published online, captured October 2026); § 51-12-33.
This page describes Georgia law as of October 2026 for general information. It is not legal advice and does not create an attorney-client relationship.