Bicycle accidents are an unfortunate reality on Georgia roads, including those in Statesboro. When a collision occurs, whether involving a motor vehicle, another cyclist, or even a road hazard, the aftermath can be overwhelming. If you have been injured in a bicycle accident in Statesboro due to someone else’s actions or negligence, you may have the legal right to pursue compensation for your losses. At Merritt & Merritt Law Firm, you can trust that our experienced attorneys will get you the compensation you deserve and will win your case. Call a Statesboro bicycle accident lawyer today at 912-764-3434 for a free consultation to discuss your case today.
Georgia Law Regarding Bicycles
In Georgia, bicycles are legally classified as vehicles, which means that bicyclists must also follow general traffic laws, including obeying traffic signals, signs, and lane markings. However, there are specific qualifications and regulations within the vehicular code that do not apply to bicycles. For instance, when the law uses the term “vehicle,” it generally applies to all vehicles, including bicycles, but when it uses “motor vehicle,” that portion does not apply to bicycles.
Key bicycle laws in Georgia include:
- Sidewalk Riding: Riding a bicycle on a sidewalk is generally illegal in Georgia. The exception is for children 12 and under in areas permitted by local ordinances.
- Roadway Use: Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable. Exceptions exist when turning left, avoiding hazards, when the lane is too narrow to share safely side-by-side with a motor vehicle, when traveling at the same speed as traffic, or while exercising due care when passing a standing vehicle or one proceeding in the same direction. When riding away from the right side of the roadway, cyclists must exercise reasonable care and give due consideration to other applicable rules of the road.
- Passing Bicyclists: Motorists approaching a bicycle must approach with due caution, and should make a lane change into a non-adjacent lane if possible. If a lane change is impossible, prohibited by law, or unsafe, the motorist must reduce their speed to a reasonable and proper speed for existing conditions, which must be at least ten miles per hour less than the posted speed limit or 25 miles per hour, whichever is more, and pass with at least three feet between the vehicle and the bicycle at all times. This is known as the “3 Feet Law”.
- Carrying Passengers and Items: A person propelling a bicycle shall only ride upon or astride a permanent and regular seat and cannot allow anyone to ride upon the handlebars, and no bicycle shall carry more persons than it is designed and equipped for. If you are riding a bicycle and carrying a package at the same time, you must keep control of the bicycle with at least one hand.
- Equipment and Safety: Bicycles used at nighttime must have a white light visible from 300 feet to the front and a red light visible from 300 feet to the rear. A bicycle with a rear red reflector approved by the Department of Public Safety is not required to have a rear light.
- Helmet Requirements: No person under the age of 16 shall operate or be a passenger on a bicycle on a highway, bicycle path, bicycle lane, or sidewalk under the jurisdiction of the state or any local political subdivision without wearing a bicycle helmet.
Steps to Take After a Bicycle Accident in Statesboro
Knowing what to do immediately after a bicycle accident is critical for protecting your rights and recovery. If you find yourself injured in a bicycle accident, you should try and take the following steps:
- Ensure Your Safety and Check for Injuries: The most important step is to find a safe spot away from traffic and check yourself and others for injuries. Bicycle accidents can cause serious injuries, including injuries that may seem minor but are hiding a more serious injury.
- Call 911 and Report the Accident: Reporting the accident to the authorities is a legal obligation and vital for your claim. A police report is critical for filing an insurance claim or pursuing a personal injury lawsuit.
- Exchange Contact Information: Get contact information from everyone involved, including the driver (if applicable) and any witnesses.
- Document the Scene: Gather evidence by taking photographs of the accident scene, including the road layout, bike condition, vehicles involved, and any visible injuries if you are able to so safely. This documentation helps to prove fault and determine the extent of damages.
- Avoid Admitting Fault: Do not make statements that could be seen as admitting guilt, even if you feel apologetic.
- Report the Accident to Your Insurance Company: If your vehicle was involved, report the accident to your insurance company, even if the other party was at fault.
- Keep Detailed Records of Expenses: Maintain meticulous records of all costs related to your recovery, including medical expenses (bills, doctor visits, medication, therapy), bike repair or replacement costs, and lost wages if you cannot work. These records help calculate your claim’s value.
- Contact a Personal Injury Attorney: Bicycle accidents can be complex, especially with serious injuries. The Statesboro Bicycle Injury Attorneys are here for you when you need an experienced attorney to fight for your compensation. Call us at 912-764-3434 for a free consultation today.
Personal Injury Claims Based on Accidents in Georgia
If you are injured in a bicycle accident in Statesboro, it is possible to obtain compensation if you were injured by someone else and believe the accident was their fault, or the other person was negligent. Negligence is the legal foundation for most personal injury cases, and what you need to prove in order to win your compensation case.
To prove negligence in Georgia, the injured party must demonstrate four elements:
- Duty of Care: The alleged negligent party (defendant) owed a duty of care to the injured party.
- Breach of Duty: The defendant breached that duty.
- Causation: There is an “actual causal” connection linking the defendant’s conduct to the resulting harm, or “proximate causation” relating to whether the harm was foreseeable. In other words, the defendant’s breach of the duty of care was the cause of the accident that caused your injuries.
- Damages: Actual harm or damages resulted from the defendant’s conduct, whether they be physical in nature or not.
Navigating the Georgia legal without being injured is complicated on its own, but when you are recovering from a bicycle accident, the last thing you want to do is build a legal case to try and prove you deserve your compensation for your injuries. Our Statesboro bicycle accident lawyer team is here for you when you call us at 912-764-3434 for a free consultation. We will take on the courtroom for you and make sure you are taken care of so you can focus on the important things, recovering.
Assigning Fault in Georgia Bicycle Accidents
Georgia is an at-fault state, meaning the individual determined to be “at fault” will be financially responsible for damages like medical expenses and property repair. However, Georgia follows a modified comparative negligence, which means the amount of fault the injured party contributed to the incident is the amount of compensation they will be required to pay.
Under this system, the injured party can only recover damages if they are less than 50 percent at fault for their injuries. If the injured party is determined to be 51 percent or more at fault, they will not recover any award. If the injured party is less than 50 percent at fault, the amount of damages they recover will be reduced in proportion to their percentage of fault. For example, if you are found 25 percent at fault, you can recover 75 percent of the determined damages. This is why having an experienced Statesboro bicycle accident lawyer from Merritt & Merritt Law Firm is imperative to get the most out of your compensation.
Who Might Be Responsible for Your Injuries?
Determining the responsible party in a bicycle accident is not always straightforward. In many cases, another private individual is responsible, such as a driver who negligently hit you. However, businesses and organizations might also be named in personal injury lawsuits, such as if you are injured on their property due to unsafe conditions.
The Importance of Seeking Legal Assistance: A Statesboro Bicycle Accident Lawyer Can Help You Today
Navigating the legal system after a personal injury can be challenging to say the least. While you are focused on recovering from your injuries and dealing with your insurance company trying to get the compensation you need to fully recover financially, you don’t realize the time is ticking on the time you are allowed to file your personal injury case. In the state of Georgia, you only have two years from the date of the injury to file a personal injury case.
While two years may seem like a long time, preparing a case, especially gathering evidence and assessing damages, can take longer than anticipated. Which is why you should let the Statesboro bicycle accident lawyer team at Merritt & Merritt Law Firm will do all of that work for you, ensuring that you file your case on time. Call today at 912-764-3434 and have your case reviewed for free.