Bicycle accidents can result in serious injuries and even fatalities. If you or your child suffered harm in a bike accident due to someone else’s negligence, you may be entitled to financial compensation.
Georgia, like many other states, has laws in place to protect cyclists and hold negligent parties accountable. Understanding the statutes, liability, and potential damages related to bicycle accident claims is crucial when navigating the aftermath of a life-altering crash.
Contact an Atlanta bicycle accident lawyer for a free consultation, or continue reading to learn more.
Seeking Compensation in Georgia Bicycle Accident Claims
Bicycle accident victims may be eligible for various forms of compensation, known as damages. These damages aim to address the financial, physical, and emotional toll of the incident.
While every accident is unique, common damages our attorneys pursue in these cases include:
- Medical expenses: This category refers to your current and future medical costs, including hospital bills, surgeries, medications, and rehabilitation.
- Lost wages: This damage is for the money you lost as a result of missed workdays or your lowered earning potential due to the accident.
- Property damage: This category reimburses you for the repair or replacement of the bike and other personal property damaged in the accident.
- Pain and suffering: This broad category encompasses the physical and emotional distress you experienced as a result of the accident, including pain, anxiety, and diminished quality of life.
- Loss of consortium: This refers to the negative impact on an accident victim’s relationships with their spouse or family, addressing the loss of companionship and support.
- Wrongful death damages: In cases of fatal bicycle accidents, surviving family members may pursue a wrongful death claim for funeral expenses, loss of financial support, and the emotional toll of losing a loved one.
Understanding the full scope of your damages is crucial for building a comprehensive claim. One of our attorneys could help you calculate your damages and pursue the maximum compensation available in your case.
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Georgia Bicycle Accident Statutes
Georgia has specific statutes in place to protect the rights of bicyclists and establish responsibilities for all parties on the road.
These statutes outline the rules of the road and affect liability in the event of an accident. Understanding these laws is paramount for both cyclists and motorists, ensuring a safer coexistence on Georgia roadways.
Let’s explore some of the key Georgia traffic statutes that shape the legal landscape for bicycle accidents in Georgia.
Duties of Georgia Motorists Toward Bicycle Riders
Car and truck drivers often disregard the rights of cyclists or fail to see them. Your attorney may use the following laws to help you demonstrate how a driver negligently struck you or your child:
- Bicycle lanes: Bike lanes are typically marked with signs or pavement stripes and are designated for cyclists’ use. Motor vehicles should not drive in bike lanes.
- Passing distance: In Georgia, motorists passing or approaching a bicycle must exhibit caution and change to the next lane when traffic and road conditions allow. If a driver is unable to change lanes, they must reduce their speed to at least ten miles per hour below the speed limit or to 25 miles per hour. They must also maintain at least three feet of distance when passing the bike.
- Aggressive driving: A motorist who drives aggressively and threatens the safety of a cyclist can be charged with a misdemeanor.
Duties of Georgia Cyclists
When a collision happens between a car or truck and a bicycle, it does not automatically mean that the motorist is to blame. Common mistakes bike riders make include ignoring traffic signs, failing to yield, and riding on the wrong side of the road.
Examples of bike rider duties include:
- Traffic laws: Cyclists have the same duties on public roads as motorized vehicles. For example, they must signal when turning.
- Travel direction requirement: Bike riders must travel in the same direction as motor vehicle traffic, even while in the bike lane.
- Cycling “two abreast”: Riders may lawfully ride two abreast, meaning two bikes can travel in the same lane. They can only have more in the same lane on roads or trails marked exclusively for bicycle use.
- Helmet law: A rider under the age of 16 must wear a helmet, whether on a road, sidewalk, or bike trail.
Establishing Liability in Collisions Between Motor Vehicles and Bikes
Determining liability in a bicycle versus vehicle collision can be complex. Three potential parties may be at fault: the car or truck driver, the bicyclist, or a third party.
Car or Truck Driver
Motorists often fail to notice bicyclists or misjudge their speed, turning or changing lanes into their path. Drivers must recognize bicyclists’ equal rights on the road. Failure to keep a safe distance or improper passing can cause dangerous collisions.
Bicycle Rider
Bicyclists must follow traffic laws and ride responsibly. Disobeying signals or signs, unsafe maneuvering, or inadequate lighting at night can contribute to crashes. Wise bicyclists take measures to maximize their visibility and communicate their intentions.
Third-Party
Third-party liability may apply if hazardous road conditions or defective equipment caused or contributed to the accident. Poorly designed roads and intersections, damaged pavement, debris, and faulty bicycle components can warrant claims against government agencies or manufacturers.
One of our bike accident lawyers can help you identify the liable party and pursue an insurance settlement or court award.
Free Consultation With a Georgia Attorney
If you or a loved one has been injured in a bicycle accident, it’s crucial to understand your rights and explore your legal options. Our dedicated team at John Foy & Associates handles bicycle accident claims across Georgia.
We offer a free consultation to discuss the details of your case, assess its merits, and advise you of your best course of action.
Don’t bear the burden of a bike accident alone; let our experienced attorneys guide you through the legal process. Contact us today for a free consultation and take the first step toward obtaining the compensation you deserve.
404-400-4000 or complete a Free Case Evaluation form