Brookhaven Bicycle Accident Attorney: Get Legal Help After a Crash

Not all motor vehicle accident victims are people in cars or trucks. Each year, more and more bicyclists are seriously injured in collisions caused by motorist negligence. Indeed, while bicyclists only account for a relatively small fraction of all persons injured in motor vehicle crashes, they are at a significantly greater risk of death or catastrophic injury when a collision occurs.

According to the State of Georgia’s own figures, there were an average of 23 bicyclists killed each year between 2017 and 2021. And more than 400 bicyclists require hospitalization each year following an accident. In purely financial terms, Georgia officials estimate the total emergency room bills for these bicycle accidents top $55 million annually.

If you, or someone that you care about, has been seriously injured in a bicycle accident, it is critical that you seek out qualified legal advice before filing an insurance claim or taking formal action against the driver or other parties who caused your injuries. Our experienced Brookhaven bicycle accident attorneys can review your case and advise you in developing a legal strategy for seeking compensation. Ponton Law represents clients throughout DeKalb County and the northeastern Atlanta region who are struggling to make ends meet following a bicycle crash. We understand the law in this area and will make every effort to secure full and fair compensation on your behalf.

Who Pays for a Bicycle Accident in Brookhaven, Georgia?

Georgia law affords bicyclists the same rights and responsibilities as any other vehicle entitled to use the public roads. This means that motorists–people driving cars and trucks–also have a duty of safety towards bicyclists. A motorist may not engage in any aggressive driving towards bicyclists that could lead to an accident. In fact, many Georgia localities including Brookhaven have local ordinances requiring motorists to “maintain a safe distance of at least 3 feet from vulnerable road users” such as bicyclists in order to avoid a collision.

Since Georgia is a fault-based state, a reckless or negligent motorist who injured a bicyclist can be held civilly liable for the full amount of that bicyclist’s injuries. Georgia law requires all motor vehicle drivers to carry a minimum amount of auto insurance, which provides coverage for both personal injury and property damage, such as the costs of repairing or replacing a bicycle.

Unfortunately, many Georgia drivers only carry the minimum insurance–or sometimes no insurance at all. Many bicyclists may also be injured in “hit and run” accidents where the negligent motorists leaves the scene and is never identified by the police. In such cases, an injured bicyclist may be able to turn to their own insurance coverage. If they have auto insurance with uninsured/underinsured motorist coverage as part of their policy, that can fill in the gas left by a motorist with little or no insurance.

Additionally, while auto insurance typically does not cover bicycles, many homeowners and renters insurance policies do. So if your bicycle is damaged in an accident, one of those policies may pay for the damages. And if your accident was caused by another bicyclist who was acting recklessly, you may be able to file a personal injury claim with their homeowners or renters insurance carrier.

Understanding Your Legal Duties as a Bicyclist in Brookhaven, Georgia

It is important to note that just because a motorist hits a bicyclist, that does not automatically mean the motorist is at-fault. In any personal injury case, the defense may try to shift some or all of the blame onto the plaintiff. Georgia follows a modified comparative fault rule in bicycle accident cases, so any award of damages to a bicyclist can be reduced in proportion to their share of the fault.

With that in mind, here are a few things to understand about your own legal responsibilities when riding a bicycle in Brookhaven or anywhere in DeKalb County:

• A bicycle is considered a “vehicle” for purposes of Georgia traffic laws. So as a bicyclist you must always follow the same rules of the road as any motorist.
• You must always ride your bicycle in the same direction as any motor vehicle traffic, even if you are in a specially marked bicycle lane.
• When riding on public streets with other bicycles, remember that you can not lawfully drive more than two abreast. There may be exceptions if you are traveling on designated bicycle paths.
• If you are over the age of 12, it is against the law in Georgia to ride your bicycle on a sidewalk.
• It is legal for you to carry a package or bundle while riding a bicycle, provided you are still able to keep at least one hand on the handlebars.
• When riding your bicycle at night, you must use a white light on the front and a red light on the rear of the bicycle. You can use a red reflector on the rear instead of a light.
• Bicyclists under the age of 16 must wear a helmet while riding their bike on a road, sidewalk, or bicycle path. Riders over 16 do not legally have to wear a helmet, although failure to do so could be raised as an issue in a personal injury case when determining damages.

Why You Should Speak with a Brookhaven Bicycle Accident Attorney

Anytime you are involved in a bicycle accident, you should call the police. An officer will come to the site of the accident and prepare an official report. In Brookhaven, these accident reports are generally available within 3 to 5 days of an accident. A police report is often the first key piece of evidence you will need to pursue a claim against the negligent motorist or their insurance company.

You should also not hesitate to speak with an experienced Brookhaven bicycle accident lawyer as soon as possible following your crash. Do not assume the insurance company will pay your claim promptly or without throwing up roadblocks. By working with a qualified lawyer from the outset, you can significantly improve your chances of obtaining a prompt and favorable outcome. So if you need to speak with someone about your bicycle accident, contact Ponton Law today to schedule a free case evaluation.