Rear-ended on a motorcycle: who has to prove what
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Reviewed & verified by A. Jason Velez, Esq.*
Founding Attorney, 1LAW · Last reviewed April 1, 2023
Legal Inquiry
Consumer Legal Issue
I was riding my motorcycle when a truck hit me from behind. Was the truck driver at fault?
Attorney Answer
Being hit from behind does not by itself decide who was at fault in Georgia.
Being hit from behind does not decide the question by itself, and that surprises most riders.
Georgia does not presume that the following driver was negligent simply because a collision happened from behind. Fault still has to be proved, and the statute that usually supplies it is O.C.G.A. § 40-6-49(a):
The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.
So the case is built on the ordinary evidence of the collision: following distance, speed, road and weather, whether the rider slowed or stopped for a reason the following driver should have expected, and what each driver could see. Subsection (d) adds that a vehicle approaching another that has stopped or slowed to make a lawful turn is still following for these purposes.
A motorcycle changes the injury picture rather than the liability rule. The legal standard is the same one that applies between two cars.
What you can do
1. Get the crash report and check how the investigating officer recorded following distance and speed. 2. Photograph the motorcycle and the truck before either is repaired, including the damage heights. 3. Ask any witness for a short written account while the detail is fresh. 4. Tell your own insurer, and give the same account you gave the officer. 5. Speak to a Georgia attorney before giving a recorded statement to the other driver's insurer.
⏱ Time limits apply. O.C.G.A. § 9-3-33 requires actions for injuries to the person to be brought within two years after the right of action accrues. Waiting also costs evidence — footage is overwritten and memories fade — so the practical deadline is usually much earlier than the legal one.
A Georgia attorney can tell you quickly how the facts here line up, and most will look at a collision like this at no cost.
Cases Cited
Published decisions relevant to this issue, provided as legal background rather than advice about any particular case.
- Atlanta Coca-Cola Bottling Co. v. Jones, 236 Ga. 448, 224 S.E.2d 25 (1976) — Supreme Court of Georgia
Georgia recognises no presumption of negligence arising from the fact of a rear-end collision; the question is one for the jury on the evidence.
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Frequently Asked Questions
Is the driver who rear-ends another vehicle automatically at fault in Georgia?
No. Georgia does not presume negligence from the fact that one vehicle struck another from behind. Fault must be proved on the evidence, most often under the following-too-closely rule in O.C.G.A. § 40-6-49.
What does Georgia's following-too-closely statute require?
O.C.G.A. § 40-6-49(a) requires a driver not to follow another vehicle more closely than is reasonable and prudent, with regard to the speed of the vehicles, the traffic, and the condition of the highway.
How long does someone have to bring an injury claim in Georgia?
Two years. O.C.G.A. § 9-3-33 requires actions for injuries to the person to be brought within two years after the right of action accrues, unless another provision of that article applies.