Who Has the Right of Way in an Accident Between Bicycle and Car in Georgia?

It’s impossible to answer this question without knowing the specific circumstances of the accident. There are multiple rules regarding cars and bicycles on Georgia roads and highways. Under state law, bicycles are “vehicles” and must obey all applicable laws for vehicles. There are also separate laws for “motor vehicles,” but many rules apply broadly to “vehicles,” and as a bicyclist, you are expected to follow them.

Here are some laws regarding bicycles, cars, and who has the right of way:

• Bicyclists are not allowed to ride on sidewalks in most situations but are required to ride on the road, even if no bike lane is available. Some local laws may provide exceptions, such as an Atlanta rule allowing children younger than 12 to ride their bikes on the sidewalk.
• Bicyclists are permitted to ride on the shoulder but are not required to do so. They may ride in a traffic lane but should stay to the right of the lane except in certain situations where it does not make sense to do so. It’s acceptable to ride in the center of the lane if you’re turning left, if you’re trying to avoid debris or hazards in the road, when the lane is too thin to share space with a large vehicle, and when going straight through an intersection where the right lane is only for turning. You can also “occupy” a lane if you’re going about the same speed as the other traffic or passing a vehicle.
• When a specific bicycle lane exists, cars should yield to bicycles in that lane. In the absence of a bicycle lane, motor vehicle drivers should allow a “safe distance” between the bike and the car. In accident cases, there is sometimes disagreement over what constitutes a “safe distance,” so if you’re driving a car and encounter a bicyclist, it’s a good idea to err on the side of caution and allow the bicycle more distance if practical. Always keep at least three feet of space between your vehicle and the bike.
• Driving in a way that annoys, harasses, or obstructs a bicyclist can get you charged with misdemeanor aggressive driving in Georgia. If you drive with “reckless disregard for a bicyclist’s safety,” you could also be fined or jailed for a misdemeanor offense. The behavior that constitutes “reckless disregard for a cyclist’s safety” may vary depending on circumstances, but in general, you should drive slowly and carefully around bikes, ensure you know where they are when you turn, and make every effort to avoid an accident.
• Bicyclists should understand that laws about reckless driving, DUI, and vehicular homicide apply the same to people riding bicycles as those driving cars. Riding a bike may seem like a safer option than driving a car if you’ve been drinking, but it still presents a risk to you and others on the road. It’s better to call a ride-share, have a designated driver, or spend the night at a friend’s home than to ride your bike while intoxicated.
• Everyone should pay attention to the road and where they’re going. Vehicle drivers should look carefully before turning because bicycles are small and easy to miss. Bike riders should look out for cars and make every effort to be as visible as possible – wear bright, reflective clothing, add reflective stickers to your bike, and use a headlight in the dark or poor visibility situations.

How Can a Bicycle Accident Lawyer Help You After a Bike Accident?

Bike accidents with motor vehicles can cause a disproportionate amount of damage and injuries to the bike rider. A car protects its riders with features like seatbelts, airbags, and the sturdy frame of the vehicle itself. Vehicle passengers are seldom injured when a vehicle hits a bicycle. But a person riding a bicycle has little protection and may be thrown off their bike, even if the car that hits them is not going very fast. Many bicyclists suffer head injuries, broken bones, internal bleeding or injuries, road rash from hitting the pavement, spinal cord or back injuries, and other severe consequences of an accident.

Laws regarding bikes and motor vehicles seem clear-cut when you read about them, but once you file a claim with an insurance carrier or file a lawsuit against the driver, everything comes into question. Were you riding to the right side of your lane when the crash happened? You may clearly remember that you were, but the vehicle driver might claim that you weren’t. Did you use appropriate signals to let drivers know you were turning? Maybe you did, but the vehicle driver might say otherwise. Did the driver yield to you when you were in the bike lane? What if they didn’t, but the driver swears they did?  A police report could be inconclusive if the responding officer has nothing to go on besides two different versions of what happened.

These situations often become frustrating for an injured bike rider. You may have broken bones or other injuries that will take weeks or months to heal. You’re in pain, you can’t work, new medical bills show up every day, and now the vehicle driver’s insurance company doesn’t want to pay your claim because their client says the accident was your fault. Frustrating as it may be, fighting the insurance company yourself is not recommended. Insurance adjusters know every loophole they can use to get out of paying a claim, and they’re probably recording your call. They might seize on something you say and misinterpret it to mean that you were at fault. Or, they could try to convince you that you were responsible for the accident – this works more often than you might think. In other situations, the insurance adjuster will do nothing and maintain that they don’t have to pay your claim.

A bicycle accident lawyer can navigate the complicated claims process for you. We know all the loopholes insurance companies use and how to fight the insurer to get your claim paid. Our skilled investigative team will also revisit the scene, searching for more evidence to prove your case. You won’t have to argue with insurance adjusters or wonder how they will pick apart every word you say. We’ll take care of everything and keep you updated as your case progresses.

What If Your Bicycle Accident Attorney Can’t Convince the Insurance Company to Pay Your Claim?

Most of the time, we can negotiate a fair settlement for our clients with the insurance carrier. But in a few cases, the insurer simply won’t agree to a reasonable amount of compensation for the injured bicyclist’s damages. When this happens, we’re prepared to take your case to court and fight for your rights.

How Do You Retain a Bicycle Accident Law Firm?

If you or a loved one were injured when a motor vehicle hit your bicycle, please contact the CEO Lawyer Personal Injury Law Firm. There is no charge for your initial consultation, and we’ll answer your questions about moving forward with a claim. If we do take your case, we can file your claim for you or fight a claim denial, depending on where you are in the process. We never charge any fees until we win or settle your case, so there are no upfront charges to worry about.