Atlanta Bicycle Accident Lawyer

Representing Victims of Bike Accident Across Georgia

Cyclists in Atlanta, Macon, Marietta, and other parts of Georgia share the road with cars, trucks, and motorcycles, but unfortunately, bicycle accidents happen more often than we’d like. If you’ve been injured in a cycling accident, you need an experienced Atlanta bicycle accident lawyer to fight for your rights. Whether it’s a collision with a distracted driver or a crash caused by poor road conditions, you shouldn’t have to navigate the legal process alone while recovering from your injuries.

Our law firm specializes in bicycle accident claims, ensuring that every injured cyclist gets fair compensation. From bicycle injury claims to handling complex bike crash lawsuits, we know the challenges cyclists face, including medical bills, lost wages, and emotional trauma. Whether you’re filing an insurance claim for a minor injury or pursuing legal action after a severe accident, we’ve got your back.

Navigating Georgia’s personal injury laws can be tricky, but our team makes the process simple. We know what it takes to hold negligent drivers accountable. As your dedicated bicycle injury attorney in Atlanta, we will gather evidence, negotiate with insurance companies, and, if necessary, take your case to court. Whether you need a bike accident lawyer near you or a seasoned attorney to represent you, we have the experience you can trust.

We also handle specialized cases, such as e-bike accident claims, cycling accidents involving motor vehicles, and bicycle crash lawsuits in the Atlanta area and beyond. Our expertise extends to filing bike accident claims for severe injuries like fractures, concussions, and spinal cord damage. Whether you were injured in a crash in Midtown or involved in a bike accident near the BeltLine, our team knows how to get results.

If you or a loved one has been injured, contact our Atlanta bicycle accident lawyer today for a free consultation. Let us help you secure the compensation you deserve so you can focus on recovery. Remember, the clock is ticking—Georgia’s statute of limitations on personal injury cases means there’s no time to waste. Reach out now, and let us handle the legal side while you get back on your bike.

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Common Causes of Bicycle Accidents in Atlanta, and Other Parts of Georgia

Biking around Atlanta can be a great way to commute, exercise, or explore the city, but it also comes with risks. Many cyclists face accidents due to careless drivers, hazardous road conditions, or unexpected obstacles. Understanding the most common causes of bicycle accidents can help you avoid them—and if you’ve been injured, it can also strengthen your case when working with an Atlanta bicycle accident lawyer. Below are some of the top causes of cycling accidents in Atlanta that we encounter in our practice.

1. Distracted Driving and Driver Negligence

Drivers who are texting, using their phones, or simply not paying attention are a major threat to cyclists. In busy areas like Peachtree Street or Midtown, a driver making a sudden turn or drifting into the bike lane can lead to serious crashes. Negligence like speeding or failing to yield the right of way at intersections can result in devastating injuries. This is where working with an Atlanta bicycle injury lawyer becomes crucial—holding negligent drivers accountable can make all the difference in securing fair compensation.

2. Dooring Incidents

Dooring is a common type of accident where a driver or passenger opens a car door without checking for cyclists, causing the cyclist to crash into the door or swerve into traffic. This often happens on narrow streets or parking areas in busy parts of Atlanta. If you’ve been injured in a dooring accident, an experienced bike crash attorney can help you pursue compensation from the responsible party.

3. Poor Road Conditions and Hazardous Infrastructure

Atlanta’s roads are not always bike-friendly. Potholes, debris, and uneven pavement pose significant risks, especially for cyclists on e-bikes or those commuting at night. Poorly marked bike lanes or roads without safe cycling infrastructure can force riders into dangerous situations with cars. When city negligence plays a role, a skilled bicycle accident attorney in Atlanta can explore claims against the appropriate authorities, ensuring cyclists’ rights are protected.

4. Cyclist and Motor Vehicle Collisions

Accidents between cyclists and cars are, unfortunately, all too common. These can occur when drivers fail to see cyclists at intersections or when overtaking them on narrow roads. We often represent clients involved in serious cycling accidents with motor vehicles, helping them recover damages for medical bills, lost wages, and other expenses. If you were hit by a vehicle, contacting a bicycle accident lawyer as soon as possible can help protect your claim.

5. Weather Conditions and Low Visibility

Atlanta’s unpredictable weather can create hazardous riding conditions. Rain, fog, or poor lighting at night can make it difficult for drivers to see cyclists, increasing the risk of accidents. Low visibility incidents often require detailed investigations to determine liability, which is where a knowledgeable bicycle injury attorney can make a difference by reconstructing the accident and negotiating with insurance companies.

No matter how careful you are, accidents can happen. If you’ve been injured in a bike crash, it’s important to act quickly. A trusted Atlanta bicycle accident lawyer can help you navigate your claim, deal with insurance companies, and secure the compensation you deserve so you can focus on recovery.

Contact us today for a free case evaluation, if we don’t win, you don’t pay. 

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Find a Trusted Bicycle Accident Lawyer Near Your Location in Atlanta

When you’re searching for a bicycle accident lawyer near you, it’s not just about finding someone “close by.” It’s about finding a lawyer who understands the unique challenges cyclists face on the road. From reckless drivers to poorly maintained bike lanes, cyclists in Atlanta neighborhoods like Midtown, Buckhead, East Atlanta, and Grant Park are constantly at risk. If you’ve been injured in a bike accident, you need more than proximity — you need a legal advocate who knows how to protect your rights and maximize your compensation.

That’s exactly what you get with Wetherington Law Firm. Unlike large, out-of-town firms that juggle cases from all over the state, we’re firmly rooted in Georgia. We know the traffic patterns on Peachtree Street, understand the dangers of cycling along the BeltLine, and are well-versed in the Georgia bicycle laws that protect you. Our local knowledge gives us a real edge in fighting for your rights and holding negligent drivers accountable.

But it’s not just about location — it’s about availability and responsiveness. When you’re injured and searching for a “bicycle accident lawyer near me”, you need someone who can act fast. Our team is just a call away and available 24/7 to answer your questions, offer guidance, and get your case moving.

If you’ve been injured while cycling in neighborhoods like Virginia-Highland, Old Fourth Ward, Cabbagetown, Little Five Points, or Downtown Atlanta, you don’t have to face the legal process alone. Our bicycle accident lawyers are ready to help you seek the compensation you deserve. We operate on a contingency fee basis, meaning you don’t pay a dime until we win your case. Contact us today for a free case evaluation.

Neighborhoods We Serve in Atlanta

If you’re looking for a bicycle accident lawyer near you, Wetherington Law Firm proudly serves all of Atlanta’s top neighborhoods, including:

• Downtown Atlanta (30303)
• Midtown Atlanta (30309)
• Atlantic Station (30363)
• Virginia-Highland (30306)
• Old Fourth Ward (30308)
• Grant Park (30312)
• Cabbagetown (30316)
• Inman Park (30307)
• West End (30310)
• East Atlanta (30316)

If your accident happened in any of these areas, we’re right here to help you. We understand the traffic patterns, local road conditions, and the risks cyclists face in these neighborhoods.

Why You Need a Bicycle Accident Lawyer Near You in Atlanta

If you’ve been in a bicycle accident in Atlanta, you’re likely dealing with medical bills, lost wages, and pushy insurance adjusters. Having a local bicycle accident lawyer on your side can make a huge difference in your recovery and financial future. Here’s why.

1. Local Knowledge of Atlanta Roads and Traffic

Certain Atlanta hotspots like Peachtree Street and North Avenue have higher rates of bicycle accidents. Local lawyers know these high-risk areas and can use that knowledge to strengthen your case. They’ll understand the context of your accident and fight for fair compensation.

2. Protection From Insurance Company Tactics

Insurance companies want you to settle fast — and for less than you deserve. A lawyer will handle all communication, stopping adjusters from pressuring you into lowball offers. They’ll fight to recover compensation for:

• Medical bills (current and future)
• Lost wages
• Pain and suffering

3. Help Navigating Complex Legal Processes

Filing a claim involves evidence collection, liability proof, and meeting Georgia’s legal deadlines (typically two years). An experienced attorney handles all of this while you recover. They’ll investigate, gather evidence, and ensure no critical deadlines are missed.

4. Maximize Your Compensation

Compensation goes beyond medical bills. A lawyer will help you claim damages for:

• Ongoing medical care (therapy, future surgeries)
• Lost income (if you can’t work)
• Pain and emotional suffering
• Bicycle repair/replacement

Insurers downplay your losses, but a lawyer ensures every dollar is accounted for.

5. Support If Your Case Goes to Trial

Most claims are settled, but if negotiations fail, you’ll need a lawyer to represent you in court. Local attorneys know the Atlanta court system and have the trial experience to win cases. Without one, you’re at a major disadvantage.

6. No Upfront Fees – Pay Only If You Win

Hiring a personal injury lawyer costs nothing upfront. You only pay if they win your case, so there’s no financial risk to you. Wetherington Law Firm operates on a contingency fee, meaning you pay nothing unless you get compensated.

Why Local Matters

A bicycle accident lawyer at your location isn’t just convenient — it’s essential. Local lawyers understand Atlanta’s streets, traffic patterns, and accident hotspots. They also offer face-to-face support, fast communication, and a personalized approach to your case.

If you’re looking for a local advocate who will fight for your rights, we’re here for you. We know the stakes and have a track record of success. Contact us online or call us at (404) 888-4444 for a free consultation today.

The Bicycle Accident Claims Process in Atlanta – Step-by-Step Guide

If you’ve been injured in a bicycle accident in Atlanta, you might feel overwhelmed with what to do next. Knowing the claims process can give you clarity and help you avoid costly mistakes. Here’s a simple, step-by-step guide on how to protect your rights and maximize your compensation.

1. Seek Immediate Medical Attention

Your health comes first. Get medical care, even if you feel “fine” — some injuries, like concussions or internal damage, may not show symptoms right away. Medical records are also key evidence for your claim.

Pro Tip: Keep all medical bills, treatment plans, and doctor’s notes as they will be used to support your compensation request.

2. Report the Accident to Police

Call 911 to report the accident. The police report will document key details like who was at fault, witness statements, and other critical facts. This report is one of the strongest pieces of evidence for your claim.

Why It Matters: Insurance companies trust police reports more than verbal accounts. It’s harder for the at-fault driver to dispute the report.

3. Document the Scene

If you’re able, gather evidence at the accident scene. Take photos and videos of:

• The accident location (street signs, traffic lights, bike lanes, etc.)
• Damage to your bicycle and any vehicles involved
• Your injuries (cuts, bruises, visible wounds)

Also, collect the driver’s contact and insurance details, along with the names and numbers of any witnesses.

4. Contact a Bicycle Accident Lawyer Near You in Atlanta

This is a crucial step. A local attorney will protect your rights, handle the insurance companies, and build a strong case for maximum compensation.

Why You Need a Lawyer:

• They negotiate with insurance adjusters (so you don’t have to).
• They investigate the accident, collect evidence, and prove liability.
• They make sure you meet Georgia’s statute of limitations (usually 2 years to file a claim).

If you wait too long, you risk missing the deadline to file a lawsuit.

5. File an Insurance Claim

Your lawyer will file a claim with the at-fault driver’s insurance company. This includes submitting all evidence, medical records, and proof of lost wages. The goal is to show the full extent of your damages.

Key Damages to Include:

• Medical Bills (current and future treatment)
• Lost Wages (if you missed work)
• Pain and Suffering (physical and emotional hardship)
• Bicycle Repairs/Replacement

Your attorney will make a demand for compensation that reflects the total impact of the accident on your life.

6. Settlement Negotiations Begin

Once the insurance company reviews your claim, they’ll likely offer a settlement. But be warned — the first offer is usually low. Insurers hope you’ll accept it quickly to save them money.

This is where having an experienced lawyer is critical. They’ll push back, using evidence and Georgia’s personal injury laws to argue for more.

Possible Outcomes:

• Settlement Agreement – If negotiations are successful, you’ll receive a fair payout.
• Rejection of Settlement Offer – If insurers refuse to offer a fair settlement, you may need to go to court.

7. Prepare for a Lawsuit (If Necessary)

If the insurance company won’t offer a fair settlement, your lawyer will file a lawsuit. At this stage, formal legal proceedings begin, including:

• Discovery Phase – Both sides share evidence and information.
• Depositions – Witnesses and parties give sworn testimony.
• Pre-Trial Motions – Your lawyer may file motions to strengthen your case.

Most cases still settle before trial, but it’s essential to have a lawyer ready to go the distance if needed.

8. Trial (If a Settlement Isn’t Reached)

If no agreement is reached, your case goes to trial. Here, a judge or jury will determine if you’re entitled to compensation and how much. Your lawyer will present evidence, call witnesses, and argue your case.

What to Expect at Trial:

• Your attorney presents your case.
• The at-fault driver’s insurance company presents their defense.
• A judge or jury decides the outcome.

While most cases never reach this point, having a lawyer prepared for trial increases the likelihood that insurers will settle earlier.

9. Receive Your Compensation

If your case settles or you win at trial, you’ll receive compensation. Your attorney will ensure all medical bills, legal fees, and any other obligations are paid. Then, the remaining balance goes directly to you.

Why Choose Wetherington Law Firm as Your Bicycle Accident Lawyer Near You?

Choosing the right lawyer after a bicycle accident is a big decision. Here’s why clients in Atlanta trust Wetherington Law Firm to handle their cases:

• We’re Local: We know Atlanta’s roads, laws, and neighborhoods.
• We’re Experienced: We’ve successfully handled countless bicycle accident cases.
• We’re Available 24/7: Accidents don’t wait for business hours, and neither do we.
• We Work on Contingency: You don’t pay us a cent unless we win your case.

When you choose Wetherington Law Firm, you’re not just hiring a lawyer. You’re hiring a dedicated team that’s ready to fight for you from day one.

What to Do After a Bicycle Accident in Atlanta

Being involved in a bicycle accident can be overwhelming, especially when injuries are involved. Knowing what steps to take immediately after the crash can protect your health, strengthen your legal claim, and ensure you receive the compensation you deserve. Whether you need a bike accident lawyer near in Atlanta or you’re unsure how to start the claims process, here’s a step-by-step guide to follow after a bicycle accident in Atlanta.

1. Check for Injuries and Seek Medical Attention

Your safety and health should be your first priority. Even if you feel fine, some injuries—like concussions or internal damage—may not show symptoms right away. Call 911 for emergency assistance and ensure any injuries are documented by medical professionals. Proper medical records will be essential later when your bicycle injury lawyer builds your case for compensation.

2. Report the Accident to the Police

Always contact the police, even for minor accidents. A police report serves as an official record of the incident and can help establish fault if you pursue a bicycle accident claim. Make sure to get the names and badge numbers of the responding officers and request a copy of the accident report. An Atlanta bicycle accident attorney will use this documentation when negotiating with insurance companies or preparing for legal action.

3. Gather Evidence at the Scene

If possible, take photos and videos of the accident scene, your bicycle, any involved vehicles, road conditions, and your injuries. Collect contact information from the driver and any witnesses. This evidence can be invaluable when filing a bike crash claim or working with your bicycle accident law firm to prove negligence.

4. Avoid Admitting Fault or Making Statements to Insurers

After an accident, it’s common for drivers or insurance companies to reach out. Be careful not to admit fault or provide detailed statements without consulting a lawyer. Insurance adjusters may try to minimize your claim, which is why it’s crucial to have an experienced bike crash lawyer by your side to handle communications.

5. Contact an Atlanta Bicycle Accident Lawyer for a Free Consultation

Hiring the right lawyer can make all the difference in your case. An experienced Atlanta cycling accident attorney will help you gather evidence, negotiate with insurers, and determine the full value of your claim. If you delay too long, you may run into issues with Georgia’s statute of limitations for personal injury cases, so it’s essential to act quickly.

Taking the right steps after a bicycle accident not only protects your health but also ensures you have the best chance of securing compensation. Whether you’re filing an e-bike accident claim or a cyclist car accident claim, our team of experienced attorneys is here to help. Reach out today for your free consultation and let us handle the legal side so you can focus on your recovery.

Compensation You Can Claim for Bicycle Accidents in Atlanta

If you’ve been injured in a bicycle accident, you may be entitled to various forms of compensation to cover your losses. Whether it’s medical bills, lost income, or emotional distress, understanding what you can claim is essential for maximizing your recovery. An experienced Atlanta bicycle accident attorney can guide you through this process, ensuring you get the compensation you deserve. Here’s a breakdown of the types of damages you may be able to recover after a bike accident.

1. Medical Expenses and Future Treatment Costs

Bicycle accidents can lead to serious injuries, ranging from fractures to head trauma. Your compensation should cover current medical bills and any future treatments, such as physical therapy or surgeries. This includes expenses related to emergency care, hospital stays, and medication. If your injury requires long-term care, an experienced bicycle injury lawyer will fight to ensure your future medical needs are included in the claim.

2. Lost Wages and Loss of Earning Capacity

If your injuries prevent you from working temporarily or permanently, you may be entitled to compensation for lost wages. In severe cases, where the injury impacts your ability to work in the future, your lawyer will also pursue damages for reduced earning potential. Working with a bike accident attorney near you in Atlanta ensures that your claim accounts for both immediate and long-term financial losses.

3. Pain and Suffering

Bicycle accidents often result in more than just physical injuries—they can also cause emotional trauma and mental distress. Compensation for pain and suffering takes into account how the accident has affected your overall well-being and quality of life. This type of non-economic damage can be difficult to quantify, which is why having a skilled bicycle crash attorney on your side is essential.

4. Property Damage

Your bicycle, helmet, and other personal belongings damaged in the accident can also be included in your claim. Whether you were riding an expensive e-bike or a traditional bicycle, we will ensure you are compensated for repair or replacement costs. An experienced bicycle accident attorney knows how to negotiate fair reimbursement for your losses.

5. Punitive Damages (When Applicable)

In cases where the driver’s behavior was especially reckless or intentional, such as DUI-related accidents, the court may award punitive damages. These damages are meant to punish the at-fault party and deter similar behavior in the future. A seasoned bike wreck lawyer will know if your case qualifies and will fight to secure the maximum award possible.

Understanding your rights and the compensation available can make a significant difference in your recovery journey. Whether you are filing a bike crash claim, a bicycle accident claim near me, or pursuing damages after a motor vehicle collision, our law firm is here to help. Contact us today to schedule your free consultation and let us ensure you get the full compensation you deserve.

Free Consultation with an Experienced Atlanta Bicycle Accident Lawyer

If you’ve been injured in a bicycle accident, taking swift action is crucial to protect your rights. Navigating the legal process on your own can be daunting, but with the help of an experienced Atlanta bicycle accident lawyer, you can focus on your recovery while we handle the rest. We offer a free consultation to discuss your case, assess the available legal options, and explain how we can help you secure the compensation you deserve.

Our team is ready to help you navigate the legal process with confidence. Whether you were involved in a bike crash on the BeltLine, a cycling injury claim near Brookhaven, or a bicycle accident in Downtown Atlanta, we’re here to fight for your rights. Reach out today and let us get started on your case!

Frequently Asked Questions (FAQs) About Bicycle Accidents in Atlanta

1. What Should I Do Immediately After a Bicycle Accident in Atlanta?

After a bicycle accident, your priority should be your safety. First, check for injuries and seek medical attention, even if you feel okay. Call the police to report the accident and request an official report. If you are able, take photos of the scene, collect contact information from witnesses, and gather the driver’s details. Avoid discussing fault or making statements to insurance companies until you’ve spoken with a lawyer. Contacting an Atlanta bicycle accident attorney early can help protect your rights and build a strong case.

2. How Much Compensation Can I Get for a Bicycle Accident?

The amount of compensation you can receive depends on the severity of your injuries and other losses. This may include medical bills, lost wages, property damage, and non-economic damages such as pain and suffering. If the driver acted recklessly—like driving under the influence—you may also be entitled to punitive damages. A skilled Atlanta bicycle injury lawyer will carefully assess your case to ensure all your losses are covered, giving you the best chance at receiving full compensation.

3. Do I Need a Lawyer for a Bicycle Accident Claim?

While it’s possible to file a claim on your own, having a lawyer significantly increases your chances of getting fair compensation. Insurance companies often try to settle quickly for less than your claim is worth. An experienced Atlanta bike crash attorney will handle negotiations, gather evidence, and represent you in court if necessary. They ensure your case accounts for all damages—economic and non-economic—so you aren’t left with unpaid medical bills or other financial burdens.

4. What Is the Statute of Limitations for Bicycle Accident Claims in Georgia?

In Georgia, the statute of limitations for personal injury claims, including bicycle accidents, is generally two years from the date of the accident. If you don’t file your claim within this period, you may lose your right to pursue compensation. However, certain exceptions may apply, such as injuries discovered later or accidents involving government entities. It’s crucial to consult an Atlanta bicycle accident lawyer as soon as possible to ensure you meet all deadlines and protect your legal rights.

What is Required to Establish Liability in a Bicycle Accident Case in Georgia?

Establishing liability in a bicycle accident case involves proving that another party’s negligence or reckless behavior directly caused your injuries. Georgia follows a fault-based system, which means the injured cyclist must demonstrate that the driver or another responsible party was at fault to recover compensation. Here’s what’s required to build a strong case and how an experienced Atlanta bicycle accident lawyer can help.

1. Duty of Care

The first step in proving liability is showing that the driver or other involved party owed you a duty of care. In Georgia, all motorists are required to exercise reasonable care on the road to ensure the safety of others, including cyclists. This means following traffic laws, yielding when required, and driving without distractions. Similarly, cyclists also have responsibilities, such as obeying traffic signals and riding within designated lanes.

2. Breach of Duty

Next, you must demonstrate that the responsible party breached their duty of care. This could include reckless driving, speeding, running a red light, failing to yield to cyclists, or opening a car door without checking for approaching riders (dooring). The breach of duty is often one of the most critical elements in a bike accident claim, and your lawyer will gather evidence to prove it—such as witness testimony, surveillance footage, or traffic camera recordings.

3. Causation

To establish liability, it’s not enough to prove negligence; you also need to show that the other party’s actions directly caused your injuries. For instance, if a distracted driver hit you while you were riding in a designated bike lane, that negligent act must be connected to your injury. Your bicycle injury attorney will work with experts to reconstruct the accident if needed, proving that the driver’s actions directly led to your damages.

4. Damages

The final element of liability involves demonstrating the damages you suffered due to the accident. These damages may include medical bills, lost wages, property damage to your bike, and non-economic losses such as pain and suffering. Documentation like medical records, repair estimates, and employment records will be essential in proving the extent of your losses. Your Atlanta bike crash lawyer will ensure that all damages—economic and non-economic—are included in your claim.

5. Comparative Fault in Georgia

Georgia follows a modified comparative fault rule, meaning that you can still recover compensation as long as you are less than 50% at fault for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you are found 10% at fault, your total recovery will be reduced by 10%. Having a knowledgeable bicycle accident attorney near me is critical to minimize any fault attributed to you and maximize your compensation.ts, traffic camera footage, medical records, and expert testimony.

Georgia Law Cares More About Cars than Bicyclists

Georgia’s laws fail to adequately protect cyclists.  Wetherington says, “Georgia’s cities are obsessed with cars and expose bicycle riders to unnecessary risk of harm.”  Georgia has always been hostile to cyclists.  Georgia’s current bicycling laws make cyclists a low priority:

• 40-6-294. Riding on roadways and bicycle paths

(a) As used in this Code section, the term “hazards to safe cycling” includes, but shall not be limited to, surface debris, rough pavement, drain grates which are parallel to the side of the roadway, parked or stopped vehicles, potentially opening car doors, or any other objects which threaten the safety of a person operating a bicycle.

(b) Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, except when:

(1) Turning left;

(2) Avoiding hazards to safe cycling;

(3) The lane is too narrow to share safely with a motor vehicle;

(4) Traveling at the same speed as traffic;

(5) Exercising due care when passing a standing vehicle or one proceeding in the same direction; or

(6) There is a right turn only lane and the person operating the bicycle is not turning right; provided, however, that every person operating a bicycle away from the right side of the roadway shall exercise reasonable care and shall give due consideration to the other applicable rules of the road.

(c) Persons riding bicycles upon a roadway shall not ride more than two abreast except on bicycle paths, bicycle lanes, parts of roadways set aside for the exclusive use of bicycles, or when a special event permit issued by a local governing authority permits riding more than two abreast.

(d) Whenever a usable bicycle path has been provided adjacent to a roadway and designated for the exclusive use of bicycle riders, then the appropriate governing authority may require that bicycle riders use such bicycle path and not use those sections of the roadway so specified by such local governing authority. The governing authority may be petitioned to remove restrictions upon demonstration that the bicycle path has become inadequate due to capacity, maintenance, or other causes.

(e) Bicycle paths subject to the provisions of subsection (d) of this Code section shall at a minimum be required to meet accepted guidelines, recommendations, and criteria with respect to planning, design, operation, and maintenance as set forth by the American Association of State Highway and Transportation Officials, and such bicycle paths shall provide accessibility to destinations equivalent to the use of the roadway.

(f) Any person operating a bicycle in a bicycle lane shall ride in the same direction as traffic on the roadway.

Throughout the state of Georgia, particularly in larger cities such as Atlanta, Decatur, and Marietta, bicycle lanes are becoming more common.  Bicycle lanes give those on bikes a designated space to keep them safer and out of the path of motor vehicles.

Bicycle safety is critically important, and those riding bikes must be responsible for their personal safety. A bicycle is classified as a vehicle in the state of Georgia, and those operating bicycles must adhere to all traffic safety laws.

This means that bicyclists must, for example, ride in single file when riding in groups, obey traffic lights and stop signs, utilize proper passing procedures, use hand signals when turning and stopping, use proper equipment, and ensure that they are capable of having both hands available to operate the handlebars and brakes at all times (e.g., not transport any items restricting their ability to use both hands). While helmets are legally required for any cyclist under the age of 16, every cyclist should always wear a properly fitted helmet to help prevent injury.

Who Can I Recover Money from After a Cycling Injury?

After being struck by a car while riding a bicycle, there are several potential parties that you can recover money from.  Although the specifics vary by state and this is a complicated area of law, the following parties must be considered:

The At-Fault Driver

You can assert a claim against the driver of the responsible vehicle.  In Atlanta, every driver is required to carry liability insurance.  The minimum coverage amount in Atlanta is set by a statute, O.C.G.A. § 33-7-11:

• $25,000 for bodily injury or death of one person in a single accident
• $50,000 for bodily injury or death of more than one person in a single accident
• $25,000 for injury or harm to the property of others in a single accident

These coverages are the minimum amounts of coverage required, and it is generally advisable to carry higher coverages.  Under certain circumstances, if your damages exceed the policy limits, the at-fault driver can be held personally responsible for the difference.  Under other circumstances, the insurance company will have to pay for the full value of your injuries.

The Owner of the At-Fault Vehicle

In many states, including Georgia, an injured person may have a claim against the owner of an at-fault vehicle, even if the owner was not driving the car at the time of the accident.  This is because of a legal theory called negligent entrustment.  In a negligent entrustment claim, liability arises from the negligent act of the owner in lending his automobile to another to drive, with actual knowledge that the driver is incompetent or habitually reckless.  This theory commonly arises in drunk driving cases where a person has a history of DUIs and tractor trailer accidents where the company knew that the driver was a bad driver.

Where the owner of the vehicle is a large corporation, there is generally no limit to the amount that can be recovered.

The Resident Relatives of the At-Fault Driver

Some liability insurance policies provide liability coverage for all relatives that reside in the same household as the driver.  This type of coverage is not common, but it is important to obtain all relevant liability policies to confirm that their insurance coverage is not missed.

The Employer of the At-Fault Driver

At the time of the accident, if the employee was within the course and scope of her employment, the employer is liable for the employee’s negligence even if the employee was driving a personal vehicle.  Where the at-fault driver was using his or her employer’s vehicle, there is a presumption that the person was working in the course and scope of their employment.  However, this presumption can be rebutted by the employer.  When an accident was caused by an Uber or Lyft driver, this analysis can become very complicated.

The Contractor Responsible for the Design or Maintenance of the Road

If the accident was caused by a hazardous condition on the roadway, such as a large pothole, the contractor responsible for the roadway may be responsible for the injuries and damages caused by the accident.  Similarly, if the design of the roadway makes it more prone to accidents or serious injuries, such as failing to install a guardrail on a sharp curve, the designer may be responsible for the accident.

Your Insurance Carrier – Uninsured/Underinsured Motorist Coverage

If the at-fault driver does not have insurance or does not have enough insurance to cover your injuries, it may be possible to recover from your own insurance coverage through underinsured or uninsured motorist coverage for your personal vehicle.  This is true even though you were not driving a car at the time of the accident, you may be able to recover from your own insurance.

Your Resident Relative’s Uninsured/Underinsured Motorist Coverage

In Atlanta, GA, all underinsured/uninsured insurance policies provide liability coverage for all resident relatives of a household.  If you live in the same house as a family member, but have different insurance policies for your vehicles, you may be able to recover some insurance benefits from your relative’s carrier after you have exhausted all coverage on your own uninsured/underinsured policy.

Your Employer – Worker’s Compensation

If you were riding a bicycle while in the course and scope of your employment, you may be able to recover worker’s compensation benefits.  It does not matter who was at fault.  If the person is eligible for worker’s compensation benefits, he or she can receive coverage.  It is possible to recover both worker’s compensation and liability insurance.

What Must I Prove to Recover for Personal Injuries After Being Struck By a Car?

Although the application of the law in each type of case is very different, all car accident cases come from the same rules.  To recover for personal injuries after a car accident, you must establish the basic elements of a tort:

1. The existence of a duty on the part of the other driver to act a certain way;
2. The failure of the driver to perform that duty;
3. Actual injuries; and
4. Proof that the injuries were proximately caused by the driver’s negligence.

These elements can be confusing.  That is why we have written detailed articles on each of these elements that you can read here.  The important thing for you to know is that the first element, duty, is very important in evaluating a bicycle injury case.  Another good word for duty is responsibility.  In Atlanta, all drivers have the responsibility to drive in a safe manner and avoid causing harm to others.  “Driving safely” generally means driving in a manner that a reasonable person would under similar circumstances.  Under most circumstances, a reasonably prudent driver will:

• Drive at a reasonable speed;
• Keep a lookout for bicycle riders;
• Yield to others when necessary;
• Stop or slow when appropriate; and
• Maintain the vehicle in a safe condition.

When a person fails to drive in a reasonable manner, they are deemed “negligent.”  Simply driving in a negligent manner does not allow someone to file suit against the negligent driver.  For example, if someone is speeding, runs a red light, and almost hits a person riding their bicycle – the cyclist would not have a valid claim against the negligent driver.  However, if a negligent driver hits the cyclist, the negligent driver will be liable for damages to the cyclist.  Whether a person has operated a vehicle in a negligent manner is generally a question that is submitted to a jury.

In addition to the general rule that a driver must act reasonably, there are rules of the road that every driver must comply with.  Unlike ordinary negligence, when a driver violates one of these rules and causes a accident, the injured person does not prove that a reasonable person should have acted differently — the conduct is automatically considered negligent.  In Georgia, the rules most relevant to bicyclists include the following:

Driving While Intoxicated

OCGA 40-6-253 and OCGA 40-6-391

Speeding

OCGA 40-6-181

Using a Phone While Driving

OCGA 40-6-241

Failing to Yield to Pedestrians

OCGA 40-6-91, OCGA 40-6-92, OCGA 40-6-93, and OCGA 40-6-96

Failing to Obey a Traffic Official

OCGA 40-6-2

Conducting a Police Chase in a Reckless Manner

OCGA 40-6-6

Failing to Change Lanes to Give Space for Parked Emergency Vehicles and Construction Workers

OCGA 40-6-16 and OCGA 40-6-75

Tampering with or Stealing Road Signs

OCGA 40-6-26

Failing to Maintain One Lane

OCGA 40-6-40 and OCGA 40-6-48

Going the Wrong Way on a One-Way Road

OCGA 40-6-47 and OCGA 40-6-240

Driving a Tractor-Trailer or Bus in the Far-Left Lane(s)

OCGA 40-6-52

Failing to Yield to Emergency Vehicles

OCGA 40-6-74

Making an Improper U-Turn

OCGA 40-6-121

Failing to Exercise Due Caution Near Railroad Crossings

OCGA 40-6-140 and OCGA 40-6-142

Driving Too Slow in the Fast Lane

OCGA 40-6-184

Failing to Slow and Exercise Caution in Construction Zones

OCGA 40-6-188

Obstructing an Intersection

OCGA 40-6-205

Failing to Secure all Loads

OCGA 40-6-248.1 and OCGA 40-6-254

Driving Recklessly

OCGA 40-6-390

Causing Serious Injury by Vehicle

OCGA 40-6-394

Running a Red or Yellow Traffic Light

OCGA 40-6-20, OCGA 40-6-21, and OCGA 40-6-23

Traveling Too Close to Other Vehicles

OCGA 40-6-49

Running Stop and Yield Signs

OCGA 40-6-72

Failing to Yield to Other Vehicles

OCGA 40-6-70 and OCGA 40-6-73

Driving on the Shoulder, Gore, or Other Prohibited Areas

OCGA 40-6-50

Fleeing Police Officers

OCGA 40-6-395

Road Rage

OCGA 40-6-397

Tampering with Traffic Signals

OCGA 40-6-25, OCGA 40-6-17, and OCGA 40-6-396

Driving on the Wrong Side of the Road

OCGA 40-6-40 and OCGA 40-6-45

Passing Another Vehicle Improperly

OCGA 40-6-42, OCGA 40-6-43, OCGA 40-6-44, and OCGA 40-6-46

Going the Wrong Way in a Roundabout

OCGA 40-6-47

Turning the Wrong Way at an Intersection

OCGA 40-6-71 and OCGA 40-6-120

Failing to Yield to Funeral Processions

OCGA 40-6-76

Failing to Use Turn Signals

OCGA 40-6-123

Failing to Stop First Before Exiting a Parking Lot

OCGA 40-6-144

Drag Racing

OCGA 40-6-186

Parking a Vehicle in an Unsafe Place

OCGA 40-6-202

Driving a Vehicle with an Obstructed View

OCGA 40-6-242

Laying Drags or Intentionally Making Skid Marks

OCGA 40-6-251

Intentionally Striking and Killing a Person with a Vehicle

OCGA 40-6-393

Failing to Follow Pedestrian Traffic Signals

OCGA 40-6-22

Failing to Drive Motorcycles Safely

OCGA 40-6-310 and OCGA 40-6-311

If there is evidence that an at-fault driver committed one of the above violations, the jury will likely be read the following instruction:

The plaintiff contends that the defendant violated certain laws or ordinances. Such violation is called negligence per se, which means negligence as a matter of law. It is your duty to decide whether such violation took place or not.

This means that successfully proving that the alleged violation took place is the same as proving negligence.  Your attorney must then only prove that your injuries were caused by the negligent act.

If the Accident Results in a Death, Special Rules Apply

When an accident results in a death, the case turns into a wrongful death claim, instead of a personal injury claim. 

Contact our Atlanta Bicycle Accident Lawyer Today

If you or a loved one has been injured in a bicycle accident, don’t navigate the legal process alone—let our experienced Atlanta bicycle accident lawyer fight for the compensation you deserve. Whether you’re dealing with medical bills, lost wages, or emotional trauma, we are here to help every step of the way. Contact us today for a free consultation and let us handle the legal complexities while you focus on your recovery. Time is critical, so don’t wait—call now at (404)-888-4444 and take the first step toward getting the justice and compensation you need.