Bicycle Accident Lawyer in Atlanta, Georgia

Keller Swan Injury Attorneys – Serving Injured Cyclists in Atlanta

Injured in a Bicycle Accident

Atlanta, Georgia is a city steeped in history, culture and southern charm with over 498,000 residents. With its parks and bike friendly initiatives cycling has become a popular way to get around and have fun. But like many cities Atlanta also has its risks for cyclists. Busy streets, distracted drivers and inadequate bike lanes are just a few of the hazards cyclists face every day.

When an accident occurs it can be serious or fatal leaving victims and their families devastated. This is where an Atlanta bicycle accident lawyer from Keller Swan Injury Attorneys can help. Our experienced attorneys will guide injured cyclists through the legal process, fight for justice and get them the compensation they deserve through personal injury claims.

Why Bicycle Accidents Happen

The roads of Atlanta can be treacherous for cyclists especially in residential neighborhoods where familiarity breeds complacency in drivers. The calm atmosphere of suburban streets can lull drivers into a false sense of security and lead to behaviors that can cause accidents. Common causes of accidents are:

• Distracted Driving: With the rise of smartphones and in-car technology distracted driving is one of the leading causes of bicycle accidents. A quick glance away from the road can be devastating for a cyclist.
• Driving Under the Influence: Residential neighborhoods see more DUI accidents on weekends and holidays when social gatherings are more frequent. Cyclists who share the road with drunk drivers are more vulnerable.
• Failure to Yield: Many drivers in Atlanta are unaware or ignore the rights of cyclists and fail to yield at intersections or when merging. These are the most common causes of bicycle accidents.
• Speeding: Speeding is another common cause of accidents. In residential areas drivers may speed more if they know the area and increase the risk of colliding with a cyclist.

Cyclists must be always on guard but even the most careful rider can be hit by a negligent driver. When accidents do happen it’s important to have an attorney who knows the unique challenges faced by injured cyclists and will fight for them.

Bicycle Accident Statistics

Bicycling is not only a hobby but a primary mode of transportation for millions across the United States. According to the National Bicycle Dealers Association over 104 million Americans ride bicycles each year whether for fun, exercise or to get to work. But this favorite past time is not without risk.

The Centers for Disease Control and Prevention (CDC) says that cyclists are 2% of all traffic fatalities involving motor vehicles. On average 1,000 cyclists die each year and over 130,000 are injured in crashes.

When we look at Atlanta and Georgia the situation is even more dire. Georgia’s bike accident statistics show a troubling trend with 2020 seeing a high number of bicycle fatalities and injuries. The National Highway Traffic Safety Administration (NHTSA) reports that 25% of fatal bicycle crashes occur when motorists pass cyclists between intersections.

Cyclists in Atlanta are at greater risk due to the city’s growing population and congested streets. These numbers highlight the need to know your rights as a cyclist and when to seek legal help if you are in an accident.

Bicycle Accidents in Georgia

Cyclists in Georgia have unique challenges. The state’s growing population and urban sprawl has led to more motor vehicle traffic and thus more risk of accidents with cyclists. According to the Georgia Department of Transportation over 70 bicycle fatalities occurred statewide in 2020 alone many of which were vehicle vs. bicycle collisions.

Here are some notable bicycle accidents in Atlanta:

1. Peachtree Street Collision (2021): A 33 year old cyclist was hit by a distracted driver while crossing the intersection of Peachtree Street and Piedmont Avenue. The driver was texting at the time of the crash and failed to yield resulting in severe injuries to the cyclist including a broken collarbone and traumatic brain injury.
2. Midtown Atlanta Fatality (2020): A 45 year old cyclist was killed by a motorist while riding in a bike lane on Ponce de Leon Avenue. The driver claimed not to have seen the cyclist and was charged with vehicular manslaughter and reckless driving.
3. BeltLine Accident (2022): A cyclist on the Atlanta BeltLine was hit by a speeding driver who ran off the road onto the shared path. The cyclist suffered severe spinal injuries and is partially paralyzed.

Each of these cases shows that even when cyclists follow all the rules they can still be injured. Legal help can get injured cyclists compensation for their injuries, medical bills and lost wages and hold negligent drivers accountable.

Bicycle Accident Laws in Atlanta

Georgia and Atlanta bicycle laws are designed to protect cyclists and treat them as equals on the road. Here are the key legal requirements and protections for cyclists in Atlanta:

Equipment

• Permanent Seat: Bicycles must have a permanent seat for the rider. Carrying additional passengers is only allowed if the bike is designed for that purpose (e.g. tandem bikes).
• Night Riding Gear: Cyclists riding at night must have a white headlight visible from at least 500 feet in front and a red reflector or light on the back of the bicycle visible from 50 feet.
• Functional Brakes: Every bicycle must have at least one working brake that allows the cyclist to stop safely.

Traffic Laws and Cyclist Responsibilities

In Georgia, cyclists are considered vehicles. As such they must follow the same rules and regulations as motor vehicles:

• Obey Traffic Signals: Cyclists must stop at red lights and stop signs and yield to pedestrians when appropriate.
• Signaling Turns: Hand signals must be used to indicate when a cyclist is turning or stopping so motorists and pedestrians can see what they are doing.
• No Riding Under the Influence: Cycling under the influence of alcohol or drugs is illegal and has the same penalties as DUI.

Liability and Negligence in Bicycle Accidents

Liability in a bicycle accident case is often based on the concept of negligence. In Georgia, negligence is when one party fails to exercise the care that another person would in the same situation. When an accident occurs due to negligence the party responsible can be held accountable.

In many bicycle accidents negligence can be attributed to:

• Distracted Driving: Motorists texting, eating or doing other distractions while driving are a big risk to cyclists.
• Failure to Yield: Many drivers don’t recognize or respect cyclists right to share the road and create dangerous “right hook” or “left cross” accidents at intersections.
• Speeding: Drivers speeding in areas with high cyclist traffic create hazardous conditions for riders.

Georgia is a comparative fault state, which means damages can be reduced by the percentage of fault assigned to the cyclist. For example if a cyclist is found to be 20% at fault for the accident they can still recover 80% of the total damages. An experienced attorney from Keller Swan Injury Attorneys can help injured cyclists navigate this system and get the most compensation possible.

Insurance and Compensation

In Georgia motorists are required to carry liability insurance to cover damages in the event of an accident they cause. But insurance companies will try to minimize their payouts and accident victims will be left with medical bills, lost wages and other expenses.

If you’ve been injured in a bicycle accident you need to work with an experienced personal injury attorney to get fair compensation. Keller Swan Injury Attorneys has years of experience negotiating with insurance companies and fighting for cyclists’ rights. We will get you maximum compensation for:

• Medical Expenses: ER visits, surgeries, physical therapy and ongoing medical treatment.
• Lost Wages: Time missed from work due to the accident and future lost earning capacity.
• Pain and Suffering: Non-economic damages for the emotional and physical damage of the accident.
• Property Damage: Repairs or replacement of your bicycle and other personal property.

Precautions and Safety for Cyclists

Cyclists can reduce their risk of accidents by following these tips:

• Wear a Helmet: While helmets are not required for cyclists 16 and over in Georgia, they are highly recommended. Helmets reduce head injuries and save lives.
• Use Hand Signals: Signal your intentions when turning, stopping or changing lanes so drivers can see what you’re doing.
• Wear Bright and Reflective Clothing: Visibility is key especially in low light conditions. Bright reflective clothing will make you more visible to motorists.
• Maintain Your Bike: Check your brakes, tires and lights regularly to make sure your bike is in good working order.
• Ride Defensively: Assume drivers don’t see you and be prepared to take evasive action if necessary. Stay alert and don’t get distracted while riding.

Bicycle Accident Injuries

Bicycle accidents can cause a wide range of injuries some of which can be long term or permanent. The most common injuries are:

• Head Injuries: Even with helmets cyclists can suffer traumatic brain injuries (TBI), concussions, facial fractures and vision damage. These injuries require extensive medical treatment and rehabilitation.
• Knee Injuries: Strains or tears in the ACL, MCL or meniscus are common among cyclists especially those who use clip-on shoes that make it hard to get out of the shoes quickly in the event of a crash.
• Back and Neck Injuries: Spinal injuries can occur from the force of the impact in a bicycle accident and can cause chronic pain, nerve damage or even paralysis.
• Broken Bones: Cyclists often suffer fractures in the collarbone, arms, wrists, fingers, legs, ankles and toes in an accident.

Causes of Bicycle Accidents

Driver negligence is the number one cause of bicycle accidents. When motorists don’t follow the rules of the road or drive recklessly cyclists are at risk. Common causes are:

• Inexperienced Drivers: New drivers may not be used to sharing the road with cyclists or don’t know how to navigate around them.
• Speeding: Excessive speed increases the risk of accidents especially in residential areas or areas with heavy pedestrian and cyclist traffic.
• Poor Vehicle Maintenance: Malfunctioning brakes, faulty tires or broken lights can cause accidents when drivers don’t maintain their vehicles properly.
• Ignoring Blind Spots: Many accidents occur when drivers don’t check their blind spots before turning or changing lanes and collide with cyclists riding alongside them.
• Failure to Use Signals: When drivers don’t use their turn signals they create a dangerous situation for cyclists who can’t anticipate their movements.

An experienced bicycle accident lawyer will investigate the circumstances of your accident, determine the cause and hold the negligent party accountable.

What to Do After a Bicycle Accident

If you’re in a bicycle accident take the right steps in the immediate aftermath to protect your health and your legal rights. Here’s what to do:

1. Get Medical Treatment: Your health and safety should always be the number one priority. Even if you feel fine get checked out by a medical professional to make sure you haven’t suffered any hidden injuries.
2. Call the Police: Filing a police report is key to documenting the accident. Make sure to give a clear account of what happened and ask for a copy of the report for your records.
3. Gather Evidence: Take photos and videos of the accident scene including the position of the vehicles, damage to your bike and any visible injuries. If possible get contact information from any witnesses.
4. Talk to Witnesses: Witness statements are crucial in establishing fault in a bicycle accident case. Encourage witnesses to give their account to the police and take their contact information for future reference.
5. Find Security Cameras: Look for any nearby security or traffic cameras that may have captured the accident. Video evidence is gold in a bicycle accident case.
6. Call Keller Swan Injury Attorneys: Before speaking to insurance companies or accepting any settlement offers contact an experienced lawyer. We’ll make sure your rights are protected and you get fair compensation.

Compensation for Bicycle Accidents

Bicycle accident victims in Atlanta can recover for both economic and non-economic damages including:

• Medical Expenses: Coverage for hospital stays, surgeries, rehabilitation and future medical treatment.
• Lost Wages: Compensation for time you’re unable to work due to your injuries and any reduction in future earning capacity.
• Pain and Suffering: Non-economic damages for the emotional and physical impact the accident has had on your life.
• Property Damage: Reimbursement for damage to your bike and any other personal property involved in the accident.
• Punitive Damages: In cases of egregious behavior like drunk driving victims may be awarded punitive damages which are meant to punish the at-fault party and deter similar behavior.

Why Choose Keller Swan Injury Attorneys for Your Atlanta Bicycle Accident?

Choosing the right lawyer can make all the difference in your case. Keller Swan Injury Attorneys offers:

• Experience: We’ve handled many bicycle accident cases in Atlanta and know the local laws and regulations.
• Local Connections: Our attorneys have relationships with local medical facilities, law enforcement and accident reconstruction experts to build your case.
• Results: We’ve gotten big settlements and verdicts for clients injured in bicycle accidents so they can get the compensation they deserve.

FAQs

Are Helmets Really Necessary?

Yes. While Georgia law only requires cyclists under 16 to wear helmets, wearing a helmet can reduce the risk of head injuries by almost 50%. Even a low speed crash can cause life altering head trauma without proper protection.

How Do I Share the Road?

Cyclists should follow all traffic laws, signal turns and stop at red lights. Always be visible, don’t ride between lanes of traffic and never assume a driver sees you. Wearing bright clothing and using bike lights can help you be seen.

What are Georgia’s Bicycle Laws?

Some of the key laws include riding on the right side of the road, using bike lanes when available and staying a safe distance from pedestrians on sidewalks. Cyclists under 16 must wear helmets and all cyclists must yield to pedestrians at crosswalks.

Call an Atlanta Bicycle Accident Lawyer Today

If you or a loved one has been injured in a bicycle accident don’t wait to get legal help. The lawyers at Keller Swan Injury Attorneys can guide you through the process and get you the compensation you deserve. Call today to schedule a consultation and get started.