Bike Accidents

Bicycle accidents can result in devastating injuries and emotional trauma for victims. In Georgia, where there are few bicycle lanes, cyclists are vulnerable to being hit by motor vehicles and hazardous road conditions. 

Under Georgia law, if you’ve been injured in a bicycle crash because of someone else’s negligence, you may be able to recover compensation for your medical bills, lost wages, and pain and suffering.  When exploring the option of making a claim for what has been taken from you, it is crucial that you understand your options and rights.  

Bicycle accident cases are unique cases because bicyclists, who are exposed with little protection from motor vehicles, are also considered “vehicles” and required to follow rules of the road, just like any other motor vehicle. In addition, cyclists are required to follow special provisions applicable to bicycles under Georgia bike law, which can be found in O.C.G.A. § 40-6-290 through O.C.G.A. § 40-6-299.

Some applicable rules for Georgia cyclists include:

• Riding as near to the right side of the roadway as possible, with exceptions for turning left or avoiding hazards such as narrow lanes that cannot be safely shared with motor vehicles.  See O.C.G.A. § 40-6-294.
• Use hand signals for turning left or right.  See O.C.G.A.  § 40-6-291.
• Ride more than two cyclists abreast on a roadway. See O.C.G.A.  § 40-6-294(c)
• Ride in the same direction as traffic.  See O.C.G.A.  § 40-6-294(f)

Drivers of motor vehicles (cars, trucks, etc) also have a duty of care to cyclists.  One such rule under Georgia law is O.C.G.A. § 40-6-56, which states as follows:

Driving on Right Side of Roadway, Overtaking and Passing, Following Too Closely

1. The operator of a motor vehicle approaching a bicycle shall approach the bicycle with due caution and shall proceed as follows:
   1. Make a lane change into a lane not adjacent to the bicycle if possible in the existing road and traffic conditions; or 
   2. If a lane change under paragraph (1) of this subsection would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be at least ten miles per hour less than the posted speed limit or 25 miles per hour, whichever is more, and proceed around the bicycle with at least three feet between such vehicle and the bicycle at all times. 
2. Any violation of this Code section shall be a misdemeanor punished by a fine of not more than $250.00.

Despite these rules for motorists, cyclists are vulnerable to crashes involving serious injuries because drivers of motor vehicles are often ignorant of their duties to cyclists and because of increasingly aggressive and distracted driving. Cyclists must be defensive when riding but cannot always avoid accidents.

When a cyclist has the misfortune of being an injury victim of a crash with a motor vehicle, Georgia law allows recovery for medical expenses, lost wages, and pain & suffering.  Making a personal injury claim in Georgia requires that the claimant show negligence, causation, and damages.  

In layman’s terms, that means that we have to show that the at-fault party did something wrong to cause the crash and also cause the injuries.  Then, we have to prove that the injuries resulted in monetary loss and pain & suffering.  

Like with any personal injury case, proving these elements involves:  

• investigation, such as interviews with witnesses and inspections of vehicles;
• potential expert testimony about fault
• consistent and documented medical treatment;
• supporting receipts or documentation of lost wages or other expenses; and,
• medical and other testimony about pain and suffering.  

Although most claims start out as insurance claims, when the at-fault party or insurance company refuses to reasonably settle, then a case must be filed in court as a civil suit.  A civil suit can lead to a trial in front of a judge or jury. The litigation process can be complex and tedious and requires diligence, experience, and persistence from your legal team. 

At the Davis Injury Firm, we focus our practice exclusively on personal injury cases and have taken cases through litigation and to trial, giving us the opportunity to become experts in the area. 

What sets us apart from some law firms:

• We do not handle any other types of cases. 
• We are not afraid of litigating cases, giving us the ability to acquire the experience and knowledge vital to maximizing results in personal injury cases.
• We pride ourselves in using creative lawyering and strategy to maximize results. 
• We use clear communication with our clients to keep them informed every step of the way.  
• We give individualized attention to each and every client’s case by keeping our case volume low and curating specific legal strategies to the unique circumstances of that case.  

If you have been involved in a bike crash, our experienced team will thoroughly investigate your case, advocate for your rights, and pursue maximum compensation for your injuries, medical expenses, lost wages, and pain and suffering. 

Perhaps more importantly, we will represent you with patience, respect, and compassion by doing our very best to listen to your needs.  

Call us at 404-593-2620 or contact us online today to schedule a free consultation with our Atlanta bicycle accident attorney.