How to Protect Your Rights After a Bicycle Accident

What are the Legal Duties of Motorists Towards Bicycle Riders?

To better understand the rights of cyclists, you must first know the protections that the law offers to bicycle riders, and they are as follows:

Bicycle lanes: Bicycle lanes are usually marked with appropriate signs or pavement stripes and are designated for cyclists’ use. Motor vehicles should not be driving in a bike lane.
Passing distance: Motorists who are passing or nearing a bicycle must demonstrate caution and change to the next lane as traffic and road conditions permit. Drivers who are unable to change lanes must reduce their travel speed to at least ten miles per hour below the speed limit or to a driving speed of 25 miles per hour. Motorists are also required to maintain a minimum of three feet of distance when passing a cyclist.
Aggressive driving: A motorist who drives aggressively and threatens the safety of a cyclist may be charged with a misdemeanor offense.

What are the Legal Duties of a Cyclist?

Georgia law has also enacted specific legislature to protect cyclists, which is their responsibility, and they are as follows:

Traffic laws: Cyclists have the same duties as motorists when on public roads, such as signaling before a turn.
Travel direction: Bicycles are required to travel in the same direction as the flow of traffic, even while using the designated bike lane.
“Two abreast”: Cyclists are legally allowed to ride side-by-side in the same lane and may only have more in the same lane on roads or trails that are specifically marked by bicycle use.
Helmet law: Any bike rider under the age of 16 must wear a helmet, whether traveling on a road, sidewalk, or bike trail.

What Should You Do Immediately After a Bicycle Accident?

If you are involved in a cycling accident, there are several steps you will need to follow to ensure your safety and to protect any future claim you may file. Those steps are:

Immediately report the accident to law enforcement, and be sure to ask for a copy of the police crash report.
If you are able, obtain the contact information for the colliding driver, including name, phone number, and insurance information, as well as the name and phone number of any eyewitnesses.
Seek prompt medical attention for any sustained injuries and to be evaluated by a physician to rule out any serious injuries that may not be readily apparent, like a concussion or internal bleeding.
Follow the treatment and recovery plan given to you by your doctor.
Keep all medical records of the accident injury, including treatment plan and rehabilitation.
Review your insurance policy to see if you have any applicable coverage, such as medical payments coverage.
Keep bills, invoices, and receipts that document paid expenses related to the accident.
Avoid posting photos, videos, or updates about yourself on social media during recovery.
For more guidance and advice on this process, consult with an experienced attorney at Jarrett & Price, LLC.

How is Liability Determined in a Bicycle Accident?

Liability or fault is determined through the legal theory of negligence. The four elements of negligence are applicable to all accidents and are as follows:

Duty of care: You were owed a reasonable expectation of safety from other motorists sharing the road. All motorists owe each other this inherent duty.
Breach of care: The driver failed to uphold that duty by acting recklessly or negligently, such as speeding, using a cell phone, or driving while intoxicated.
Causation: The breach of care from the driver is directly responsible for the accident, and without that breach of duty, the accident would not have occurred.
Damages: Damages represent the monetary losses you have suffered as a result of the motorist’s actions.

Modified Comparative Negligence

The State of Georgia also uses a system of modified comparative negligence to allow you to recover damages even if you are partially responsible for an accident.

Modified comparative negligence reduces the amount of paid damages by the percentage you are found to be at fault. For example, if you are found to be 10% at fault for an accident and are awarded $50,000, then you would only receive $45,000.

If you are found to be 51% at fault, then you will not be able to recover any damages for the accident. Damages may only be retrieved if you are found to be 50% or less responsible.

What Types of Damages May be Recovered?

The types and amounts of damages that may be recovered following a bicycle accident vary depending on the severity and circumstances of the case. Possible damages include:

Medical expenses to date
Future medical expenses, such as surgery, prescriptions, and rehabilitation
Lost wages
Loss of earning capacity
Pain and suffering
Property damage

Punitive damages are rarely awarded and are intended to serve as an additional punishment to the at-fault driver to discourage similar and egregious recklessness in the future.

How Long do I Have to File a Claim?

A statute of limitations is the timeframe within which a case may be brought to court. For bicycle accidents, the statute of limitations is typically two years from the date of the accident.

However, if you were struck by a state government vehicle, you must file a written notice of the accident claim within 12 months of the accident.

Claims filed outside of this timeframe are usually barred from trial.

Do You Need an Attorney?

If you or a loved one have been the victim of a bicycle accident and would like more information to seek your deserved justice, call the attorneys of Jarrett & Price, LLC, today at 855-909-3021 or complete a contact form to schedule a free consultation.