Dunwoody Bicycle Accident Attorney
Riding a bicycle is a great way to get exercise, cut down on your car usage, and just enjoy Georgia’s inherent beauty. It is also, unfortunately, an activity that makes you susceptible to reckless motorists. Anyone who has ever spent significant time bicycling in DeKalb County can tell you about more than one close encounter they have had with a car or truck.
Indeed, although bicycles only account for about 1 percent of all trips in the United States, bicyclists represent 2 percent of all accident-related fatalities, according to the Centers for Disease Control and Prevention. Taking into account non-fatal crashes, the CDC estimated the total cost of bicycle accidents, in terms of health care and time missed from work, is more than $23 billion each year.
Even a relatively minor accident can force a bicyclist to spend a night in a hospital and seek expensive follow-up care from a specialist. Combined with missing time from work and other out-of-pocket costs, these losses can quickly add up. So when a bicycle accident was the result of a negligent act by a motorist or some other third party, the bicyclist can and should seek compensation for their damages under Georgia law.
Our Dunwoody bicycle accident attorneys can help. Ponton Law is a Georgia personal injury law firm that represents injured DeKalb County bicyclists and their families. We can deal with the responsible driver and their insurance company on your behalf. We can take legal action to ensure you receive fair compensation for your injuries. And we can make sure that you are treated fairly and respectfully by the legal system throughout the process.
Why Bicycle Accidents Occur in Dunwoody, Georgia
Bicycle accidents often begin with the arrogant–and false–assumption that bicyclists have no right to be on the road in the first place. This assumption is deeply ingrained in many Georgia motorists. We are a state and country that depends heavily on motor vehicles for our daily lives.
Yet as far as Georgia law is concerned, a bicycle is a “vehicle,” and bicyclists have the same legal rights, responsibilities, and duties, as anyone driving a car, truck, or motorcycle. Motorists need to share the road. This means driving in a reasonably safe manner that does not endanger bicyclists and cause a preventable accident.
At the same time, when an accident does occur between a bicycle and a motor vehicle, the bicyclist should not assume the driver will accept responsibility. More to the point, do not assume the driver’s insurance company will accept responsibility. Many drivers and insurers try to “turn the tables” and blame the bicyclist for the crash. Thanks to Georgia’s comparative fault rule in personal injury cases, this strategy can effectively reduce–if not bar–an injured bicyclist’s compensation for their injuries.
Given this reality, here are a few things to keep in mind when it comes to bicycle accidents and bicycle safety when traveling around Dunwoody, Georgia:
- A bicyclist must always ride as near to the right of a public street as is safe to do so.
- A bicyclist must always travel in the same direction as the overall flow of traffic, even when using a designated bicycle lane.
- If a bicycle lane is available, it is for the exclusive use of bicyclists; a bicyclist does not have to use a bike lane, however, unless required by a local ordinance or law. Similarly, no bicyclist over the age of 12 can ride their bike on a sidewalk unless permitted by local law.
At the same time, motorists also have certain special legal responsibilities when it comes to bicycles. Notably, when a car or truck is passing a bicyclist, the motorist must:
- The motorist must make a lane change into the adjacent lane when possible; and
- When a safe lane change is not possible, the motorist must slow down and leave at least 3 feet of room when passing the bicycle.
Seeking Compensation for Your Dunwoody Bicycle Accident
If you can prove that negligence on the part of a driver or a third party caused your bicycle accident, Georgia law permits you to seek both special (economic) and general (non-economic) damages. Special damages include your medical bills, lost income, and damage to your bicycle. General damages encompass any indirect or difficult-to-measure loss, such as your pain and suffering or having to live with a permanent disability sustained in the crash. In some cases–such as you were hit by a drunk driver while riding your bicycle–you may also be entitled to seek punitive damages.
Before you can properly assess your damages, however, you should first speak with a qualified Dunwoody bicycle accident lawyer who can sit down with you and explain the legal process. Contact Ponton Law today to schedule a free case evaluation.