GA Bike Accident? Know Your Rights (and Myths)

There’s a staggering amount of misinformation surrounding bicycle accidents in Georgia, especially when it comes to understanding your legal rights. Are you confident you know the truth if you’re involved in a bicycle accident in Johns Creek, Georgia?

Myth #1: If a Car Hits a Bicyclist, It’s Always the Driver’s Fault

This is a dangerous oversimplification. While drivers have a responsibility to share the road, fault isn’t automatic. The misconception that drivers are always to blame ignores the reality of situations where the cyclist might be at fault. For example, if a cyclist suddenly swerves into traffic without signaling, or disregards a traffic signal, they could be held responsible for the bicycle accident.

Georgia follows a modified comparative negligence rule, outlined in O.C.G.A. § 51-12-33. This means that even if you are partially at fault for the accident, you can still recover damages as long as your percentage of fault is less than 50%. If you are 50% or more at fault, you cannot recover anything. The amount you recover will be reduced by your percentage of fault. So, if you sustained $10,000 in damages but were found to be 20% at fault, you could recover $8,000. I had a client last year who initially thought he had no case because he wasn’t wearing a helmet (which, while not legally required for adults in Georgia, can sometimes be used against you). We were able to demonstrate the driver’s negligence was the primary cause of the accident, and he recovered a significant settlement.

Myth #2: You Can’t Recover Damages If You Weren’t Wearing a Helmet

This is false. Georgia law does not require adult cyclists to wear helmets. While not wearing a helmet can certainly increase the severity of injuries in a bicycle accident, it doesn’t automatically bar you from recovering damages. The at-fault party’s insurance company might argue that your injuries would have been less severe had you been wearing a helmet, and try to reduce your compensation accordingly. This is where strong legal representation becomes essential. We recently handled a case where the insurance company tried to argue this point, but we were able to present compelling evidence that the driver’s negligence was the sole cause of the collision and the resulting injuries.

The focus is on who caused the accident. Was the driver speeding? Were they distracted? Did they violate any traffic laws? According to the Georgia Department of Driver Services, cyclists have the same rights and responsibilities as drivers of motor vehicles. This includes following traffic laws and using hand signals. Similarly, drivers must provide cyclists with at least three feet of clearance when passing, as outlined in O.C.G.A. § 40-6-12. Failing to do so is a violation of the law and can be used as evidence of negligence.

Myth #3: Your Insurance Company Will Automatically Cover Your Expenses After a Bicycle Accident

Don’t count on it. While your own health insurance will likely cover your initial medical expenses, dealing with the at-fault driver’s insurance company can be a battle. Insurance companies are businesses, and their goal is to minimize payouts. They might try to deny your claim, delay payment, or offer you a settlement that is far less than what you deserve. They might even try to argue that you were at fault for the accident, even if you weren’t. Here’s what nobody tells you: they will use any and all information against you, including social media posts, recorded statements, and even seemingly innocuous conversations. Protect yourself.

You need an advocate on your side who understands the law and knows how to negotiate with insurance companies. We had a case in Johns Creek involving a cyclist who was hit by a driver making an illegal left turn at the intersection of Medlock Bridge Road and State Bridge Road. The insurance company initially offered a paltry settlement that didn’t even cover the client’s medical bills. After we got involved, we were able to gather evidence, including witness statements and the police report, that clearly demonstrated the driver’s negligence. We ultimately secured a settlement that fully compensated our client for their medical expenses, lost wages, and pain and suffering.

Myth #4: You Only Have a Few Days to Report a Bicycle Accident

While it’s crucial to report a bicycle accident to the police immediately, especially if there are injuries or significant property damage, the statute of limitations for filing a personal injury lawsuit in Georgia is generally two years from the date of the incident. This is outlined in O.C.G.A. § 9-3-33. However, waiting too long can make it difficult to gather evidence and build a strong case. Witnesses’ memories fade, and evidence can disappear. The sooner you consult with an attorney, the better.

Furthermore, you need to notify your own insurance company of the accident as soon as possible, even if you don’t think you were at fault. Your policy likely requires you to do so, and failure to comply could jeopardize your coverage. It’s also important to document everything related to the accident, including photos of the scene, the police report, medical records, and communication with insurance companies. We always advise our clients to keep a detailed journal of their injuries, treatment, and recovery. This can be invaluable in proving the extent of your damages.

Myth #5: You Can Only Recover Damages for Medical Bills and Property Damage

This is another common misconception. While medical expenses and property damage (such as the cost to repair or replace your bicycle) are certainly compensable, you can also recover damages for other losses, including lost wages, pain and suffering, emotional distress, and diminished quality of life. If you were unable to work due to your injuries, you can recover your lost earnings. You can also recover for the physical pain and emotional distress you experienced as a result of the accident. This can include things like anxiety, depression, and post-traumatic stress disorder.

Consider this: A Johns Creek resident, an avid cyclist, was severely injured in a bicycle accident on Old Alabama Road. He suffered a broken leg and a concussion, requiring extensive medical treatment and physical therapy. He was unable to work for several months and missed out on important family events. In addition to his medical expenses and lost wages, he was awarded compensation for his pain and suffering, which took into account the significant impact the accident had on his life. We built the case using expert testimony from medical professionals and economists to demonstrate the full extent of his losses, securing a settlement that provided him with the financial security he needed to recover and rebuild his life.

Remember, navigating the legal aftermath of a bicycle accident in Georgia can be complex. Don’t rely on these myths. A consultation with a qualified attorney can help you understand your rights and options.

It’s easy to feel overwhelmed after a bicycle accident. Don’t let misinformation dictate your next steps. Contact a qualified attorney today to discuss your case and learn how to protect your rights.