GA Bike Crash: The Police Report Lies (Sometimes)

Proving fault in a bicycle accident in Georgia, especially in a city like Augusta, can be far more complex than many people realize. Are you relying on misinformation that could jeopardize your claim?

## Myth #1: The Police Report Automatically Determines Fault

Many people believe that the police report is the final word in a bicycle accident case. This is simply not true. While the police report is an important document, it’s not the ultimate authority. A police officer’s opinion on who is at fault is not admissible in court.

Here’s why: police officers, while trained, aren’t accident reconstruction experts. Their report is based on their observations at the scene, witness statements, and the information provided by the parties involved. They are not present when the accident occurred. A jury makes the ultimate decision. While the factual findings in a police report can be admitted as evidence, the opinions of the officer cannot.

I had a case last year in Richmond County where the police report initially placed fault on my client, the cyclist, for allegedly running a stop sign near the intersection of Walton Way and Heard Avenue. However, after conducting our own investigation, including interviewing witnesses and obtaining surveillance footage from a nearby business, we were able to demonstrate that the driver of the vehicle was speeding and failed to yield the right-of-way. The insurance company eventually settled the case for a significant amount.

## Myth #2: If You Were Not Seriously Injured, You Don’t Have a Case

This is a dangerous misconception. While the severity of your injuries certainly affects the value of your claim, it doesn’t automatically disqualify you from pursuing one. Even if you only sustained minor injuries like scrapes, bruises, or soft tissue damage, you may still be entitled to compensation for medical expenses, lost wages (if applicable), and pain and suffering.

Think about it: even minor injuries can require medical treatment and cause you to miss work. These are real damages that you deserve to be compensated for. Moreover, sometimes what seems like a minor injury at first can develop into a more serious condition over time.

Plus, the damage to your bicycle itself is a recoverable loss. New bikes can be expensive, especially if you have a high-end road bike or e-bike. And even a seemingly minor impact can damage the frame in ways that aren’t immediately obvious, making it unsafe to ride.

## Myth #3: As a Cyclist, You Are Always At Fault

This is a common and incredibly frustrating bias against cyclists. Many people automatically assume that if a bicycle accident occurs, the cyclist must have been doing something wrong. This couldn’t be further from the truth. Cyclists have the same rights and responsibilities as drivers on Georgia roads.

Georgia law, specifically O.C.G.A. Section 40-6-294, outlines the rules for cyclists. It states that a person operating a bicycle upon a roadway shall have all of the rights and all of the duties applicable to the driver of any other vehicle.

Drivers often fail to respect cyclists’ rights, failing to yield when turning, not giving enough space when passing, or simply not paying attention. In fact, the Georgia Department of Transportation reports that driver inattention is a leading cause of accidents involving cyclists. According to the Governors Highway Safety Association, 966 cyclists were killed in traffic crashes in 2022 alone. As we’ve covered before, driver negligence is a serious issue.

## Myth #4: If You Were Partially At Fault, You Can’t Recover Any Damages

Georgia follows a modified comparative negligence rule. This means that you can still recover damages even if you were partially at fault for the bicycle accident, as long as your percentage of fault is less than 50%. However, your damages will be reduced by your percentage of fault.

For example, let’s say you were hit by a car while riding your bike in downtown Augusta. The total damages are assessed at $10,000. If you are found to be 20% at fault for the accident (perhaps you weren’t wearing a helmet, or you failed to signal), you can still recover $8,000. But if you are found to be 50% or more at fault, you cannot recover anything.

This is where it gets tricky. Insurance companies will often try to argue that you were more at fault than you actually were in order to reduce their payout. This is why it’s crucial to have an experienced attorney on your side who can fight for your rights and protect your interests. It’s important to understand how fault impacts your settlement.

## Myth #5: You Don’t Need a Lawyer for a Simple Bicycle Accident Case

While it’s true that some bicycle accident cases are relatively straightforward, many are not. Even seemingly simple cases can become complex when dealing with insurance companies. Insurance adjusters are trained to minimize payouts, and they may use various tactics to try to deny or reduce your claim. If you’re in Marietta, you might be wondering how to choose the right lawyer.

Here’s what nobody tells you: the insurance company is not on your side, even if it’s your own insurance company. Their goal is to protect their bottom line, not to ensure that you receive fair compensation for your injuries and damages.

We recently handled a case where our client, a cyclist, was struck by a delivery van near the Daniel Field Airport. Initially, the insurance company offered a paltry settlement that barely covered his medical bills. However, after we filed a lawsuit and began preparing for trial, we were able to uncover evidence that the driver of the van was distracted at the time of the accident. We ultimately secured a settlement that was several times higher than the initial offer.

Proving fault in a Georgia bicycle accident case requires a thorough understanding of the law, strong investigative skills, and the ability to effectively negotiate with insurance companies or litigate in court. Don’t let misconceptions derail your chances of obtaining the compensation you deserve. You can also avoid common myths that can hurt your claim by being informed.

Getting legal help after a bicycle accident doesn’t have to be a headache. Contacting a local Augusta attorney is the first step toward understanding your rights.

Don’t delay seeking legal advice. Document everything, consult with a qualified attorney, and protect your rights. The sooner you act, the better your chances of a successful outcome. If you were in a Columbus GA bike accident, seek counsel immediately.