Determining Fault in a Bicycle Accident
In Georgia, bicycle riders have the right to share the road with motor vehicles. If you have been injured in an accident because a driver failed to share the road, you have the right to seek full compensation for everything you have lost.
At the law firm of Garland, Samuel & Loeb in Atlanta, our lawyers are committed to obtaining justice for injured bicyclists and their families. We also handle cases of fatal bicycle accidents. Call us at 404-975-0459 for a free initial consultation and case review.
Our attorneys are known throughout Georgia and the nation for the results we have obtained for clients in negotiations and at trial.
Who Is at Fault When a Car Hits a Bike?
When a car collides with a bike, the driver of the four-wheeled vehicle may try to blame the bicyclist. The insurance company is likely to defend its driver, since it can reduce its liability for damages by any percentage of fault it can assign to you. If it can claim that you were more than 50 percent at fault, it doesn’t have to pay you anything.
To protect your right to compensation, it’s important to contact a lawyer as soon as possible. Our lawyers will collect and preserve the evidence we will need to prove your case. That evidence may include witness statements, damage to the other vehicle and accident reconstruction.
As a bicyclist, you have a duty to follow certain rules, including:
- Riding in the same direction as traffic
- Staying in a bike lane, if there is one
- If there is no bike lane, riding as close to the right side of the roadway as possible, unless you are turning left or going around an obstacle
- When riding at night, having a light on the front of your bike and a reflector on the back. Both should be visible from 300 feet away.
- Wearing protective headgear if you are under the age of 16
As long as you are following the rules that apply to bicyclists, drivers of motor vehicles must yield to you when you have the right of way and keep a safe distance when passing.