Though often overshadowed by car crashes, bicycle accidents pose serious risks to cyclists on the road. In Georgia, the number of bicycle accidents continues to be a concern.
The number of bicycle accidents that occur yearly in Georgia varies, but the number is higher than it should be. If you’re hurt in a bike crash in Georgia, do not hesitate to seek help from a local bicycle accident attorney. A lawyer can represent your best interests and work to get you the justice and compensation you’re owed.
Bicycle Accident Statistics in Georgia
Numerous bicycle accidents happen in the state of Georgia every year. According to data from the Georgia Governor’s Office of Highway Safety (GOHS), there were 610 reported accidents between bicycles and motor vehicles in a recent year. The following year, 400 bicyclists suffered an injury in crashes, with hospitalization and emergency room charges totaling $74.5 million.
A majority of bicycle accidents occur at intersections. Additionally, collisions in Georgia are more likely to occur in urban areas, particularly in Atlanta, which has been identified as a hotspot for bike accidents due to heavy traffic and lack of adequate bike lanes.
Despite the state’s efforts to improve road safety for cyclists, including initiatives to create bike-friendly infrastructure, Georgia’s bicycle accident rate remains higher than it should be.
Common Causes of Bicycle Accidents in Georgia
Understanding the causes of bicycle crashes is essential for addressing the problem and preventing future incidents. Some of the most common causes of bike accidents in Georgia include:
Collisions with Motor Vehicles
The most frequent cause of bicycle accidents is a collision with a motor vehicle. A significant number of bicycle accidents occur when drivers of cars, trucks, or other vehicles fail to see cyclists or when they fail to give cyclists enough space on the road. Some common scenarios where these accidents occur include:
- Failure to yield: A driver may fail to yield the right of way at intersections, leading to a crash with a cyclist.
- Left turns: Cyclists can be struck by vehicles turning left at intersections, particularly when drivers fail to look for cyclists in bike lanes or along the side of the road.
- Side-swipe accidents: When drivers fail to maintain an adequate distance from cyclists, they may side-swipe the cyclist, knocking them off their bike.
- Opening car doors: A “dooring” accident happens when a parked car’s door is opened into the path of an oncoming cyclist, often resulting in severe injury or even fatality.
Motorists should always drive carefully and respectfully share the road with others, including cyclists. Unfortunately, many drivers have little regard for bike riders, increasing the likelihood of collisions.
Poor Road Conditions
Georgia’s roads can present hazards for cyclists. Potholes, debris, gravel, and uneven surfaces are just a few of the dangerous conditions that can cause a cyclist to lose control and fall. These types of accidents are often not the fault of the cyclist or others on the road but rather the result of poorly maintained roads.
Lack of Bike Lanes or Infrastructure
In many parts of Georgia, cyclists must share the road with motor vehicles, and there may not be designated bike lanes. This lack of infrastructure increases the likelihood of accidents, as cyclists are forced to navigate through traffic without the benefit of separate lanes or safe spaces.
While Georgia cities like Atlanta have been working to improve bike lane infrastructure, many areas still need more cycling accommodations.
Malfunctions or Defects
Sometimes, product malfunctions or defects cause bike crashes. When a bicycle has an unforeseen issue, it may become harder for the cyclist to maintain control and balance, causing the rider to collide with a moving or stationary object. Similarly, if a vehicle has mechanical problems, the driver may lose control and crash into a nearby cyclist.
Weather and Environmental Factors
Rain, fog, snow, or ice can make roads slippery and visibility poor, which are hazardous for cyclists. When the weather conditions are poor, drivers must adjust their driving behavior for the weather, but many do not. It often results in collisions with other motorists.
Who Can Be Held Liable for a Bike Accident?
Determining who is at fault in a bicycle accident depends on the incident’s circumstances. Typically, the following parties may be responsible:
Motorists
Most bicycle accidents involve motor vehicles, and in many cases, the driver is at fault. Motorists who violate traffic laws, fail to yield to cyclists, or drive carelessly can be held liable for the injuries caused in a bike crash.
Failure to give cyclists the right of way is one of the top causes of motorist-involved bike accidents. Many right-of-way laws require drivers to exercise caution around cyclists and to provide at least a few feet of clearance when passing a cyclist. Failure to do so can result in the driver being held responsible for the collision.
Governmental Entities or Municipalities
A local or state government entity responsible for maintaining the road may be liable if an accident is caused by hazardous road conditions, like potholes, faulty traffic signals, or lack of proper lighting or signage. However, bringing a claim against a government agency can be complex, as there are special rules governing how and when these claims can be filed.
Manufacturers
If a bicycle accident occurs because of a defect in the bike or its components (such as faulty brakes, handlebars, or tires), the manufacturer of the defective part of the bicycle itself may be held accountable under product liability laws. This also goes if a motorist collides with a cyclist due to a malfunction or defect in their vehicle.
Property Owners
In some cases, private property owners can be held liable if their property causes a bicycle accident. For example, if a cyclist suffers an injury due to debris that was negligently left in a bike lane or sidewalk by a property owner or insufficient lighting, that owner may be liable for the injuries.
Pursuing Compensation Following a Bicycle Accident
If you are involved in a bicycle accident in Georgia, there are several steps you can take to pursue compensation for your injuries. Georgia law allows victims to recover damages for injuries and related losses, but it’s important to understand the legal process and work with an experienced bike accident lawyer.
Get Proper Medical Attention
The priority after a bicycle accident is your health and safety. Even if you think you didn’t suffer any severe injuries, it’s critical to see a doctor for a thorough physical examination. Injuries from bike crashes may not be immediately apparent, and medical documentation can be essential to your case later on.
Report the Accident
Calling the police after a bicycle accident is important, particularly involving a motor vehicle. The police report will be crucial evidence when determining fault and pursuing compensation.
If you didn’t call 911 immediately after your accident, you should report the collision to the local law enforcement agency as soon as possible.
Collect Evidence and Documentation
Evidence is crucial for bicycle accident claims. Photos and videos of injuries, property damage, witness contact information, medical records, and bills can help build your case and establish liability.
Consult a Bicycle Accident Lawyer
Contact a bicycle accident attorney experienced with handling bicycle accident cases. Bike collision cases can be challenging to handle, but a skilled lawyer will help handle the complexities of your case and work to maximize your recovery.
File an Insurance Claim
Based on the circumstances, you may have the opportunity to file an insurance claim with the at-fault party’s insurer. It is often the first step in pursuing fair compensation.
Your bicycle accident attorney can help gather pertinent evidence and file your claim. Dealing with insurance companies can be difficult, but seasoned lawyers can ensure your claim is properly handled to avoid potential issues and setbacks.
If the insurance company cooperates, you can settle your claim and receive just financial recovery. However, you may need further action if the insurer denies your claim or is unwilling to settle fairly.
Consider Legal Action
The need to file a lawsuit may come in when the insurance company outright denies your otherwise valid claim, is uncooperative during settlement negotiations, or the responsible party is uninsured. Your lawyer can evaluate the situation and determine whether filing a lawsuit is appropriate.
While filing a lawsuit can be daunting, your attorney can handle all aspects of your case. Your lawyer does everything from filing your complaint to communicating with the insurance company and engaging in settlement negotiations. The goal of a lawsuit is to settle, but if this isn’t possible, your attorney can take your case to court.
Throughout the lawsuit process, you can rely on and trust your lawyer; they will protect your best interests and do whatever is necessary to get you the monetary recovery you need.
Types of Compensation Available for Bike Accidents
Compensation for bicycle collision cases can vary widely depending on several factors, including the circumstances of the accident, the severity of injuries, the insurance coverage available, and local laws. Some of the damages a person may be entitled to following a bike crash include:
- Past and future medical expenses: Compensation to cover hospital bills, doctor visits, surgeries, rehabilitation, medication, and other medical expenses resulting from the accident. Additionally, compensation can include future costs if the injury requires ongoing care, such as physical therapy.
- Lost earnings: If the injuries prevent you from working, you may be entitled to damages for lost earnings during recovery. It can include both past earnings and future earning potential if the injuries result in long-term disability or an inability to return to work.
- Pain and suffering: This represents compensation for the physical and emotional distress caused by the accident. Pain and suffering may account for the intensity of the injury, recovery time, permanent disability, and the impact on quality of life.
- Property damage: If your bicycle or other personal property was damaged or destroyed in the crash, you may be entitled to damages for repair or replacement costs.
- Disability or disfigurement: If the injuries result in permanent disability or disfigurement (e.g., amputation, scarring, or paralysis), compensation may be awarded for the lasting impact on your quality of life.
Additionally, some cases qualify for punitive damages. If the accident was caused by reckless or negligent behavior, such as drunk driving or intentional harm, punitive damages may be awarded in addition to compensatory damages. These are meant to punish the at-fault party and deter similar actions in the future.
Time Limits to Take Action After a Bike Accident in Georgia
Like other personal injury cases, bicycle accident cases have a statute of limitations. This is a special law that dictates how long you have to file your lawsuit in court if one is necessary.
In Georgia, the statute of limitations for personal injury lawsuits is two years from the accident date. While some exceptions may apply, giving you more or less time, this is the general rule.
While two years might seem like plenty of time, there are often numerous steps that come before filing a lawsuit. Therefore, the sooner you take steps for your case, like hiring a bicycle accident attorney, the faster you can begin working toward just compensation.
If You’re Injured in a Bicycle Accident in Georgia, Seek Legal Guidance
Bicycle accidents in Georgia are unfortunately common. Cyclists are always at risk every time they get on their bikes, and sometimes, little can be done to prevent collisions. If you’re involved in a bicycle accident, do not hesitate to get help from a qualified bike accident attorney in Georgia.
You can recover damages to cover your related expenses and losses with the right legal representation. An attorney can ensure your case is handled timely and properly and put you in the best possible position to get the justice and compensation you deserve.
When you’re hurt in an unexpected bike crash, you shouldn’t have to carry the financial burdens on your own. Let a Georgia personal injury lawyer protect your rights and represent you throughout your case.