Atlanta Bicycle Accident Lawyer
Skilled Bicycle Accident Attorneys in Atlanta, Georgia
Atlanta is a city of cars and traffic. Atlanta streets were designed to move cars and trucks as quickly as possible. Traffic congestion defeats that goal, convincing many residents to use bicycles as an alternative form of transportation. Atlanta releases an annual brochure with everything relating to bicycles. The city was ranked #42 for the best bicycling city in the US. Unfortunately, streets that were designed to move cars have grown increasingly dangerous for Atlanta’s bicycle riders.
Bicycle collisions in the Atlanta metropolitan area have increased by 53% over the last 15 years. Deaths from bicycle collisions increased by 26% in that same period.
When bicycle accidents are caused by careless motorists and cyclists, bicycle riders are entitled to compensation for their injuries. According to the NHTSA, in 2018 there were a total of 857 bicyclists killed in traffic collisions in the United States. That number has since increased. Our Atlanta bicycle accident lawyer helps victims of serious injuries obtain the compensation they need to pay for past and future pain, bills, and preparation for the future.
Does Insurance Cover the Responsible Driver?
Yes. If a cyclist is injured because of someone else’s poor driving, the injured cyclist can bring a claim against the responsible driver’s insurance company.
The insurance that will provide the responsible driver with coverage is either the person’s auto insurance or homeowners insurance. It depends on whether the offending person was operating a car when he hit you, or if he was pedaling his bicycle when he ran in to you.
If a cyclist strikes another cyclist, then the at-fault cyclist will be able to pay for the injured cyclist’s injuries and medical care by using his homeowner’s insurance. Car insurance will protect a car driver who causes an accident; homeowner’s insurance will protect a bicycle rider who causes an accident.
If the Defendant’s Insurance Company is the One Paying the Settlement or Verdict, Then Why is the Case Against the Defendant?
Lawyers are not allowed to utter the word “insurance” in court. When you file a lawsuit, you are not allowed to write “State Farm Insurance” as the defendant, or “Travelers Insurance” in the caption of the case, or “Allstate Insurance Company” at the top of the page. The law says that you can never, ever, use the words “insurance” in court. You can’t even tell the jury that insurance is involved. Instead, when an insurance company forces you to file a lawsuit because the insurance company does not want to tender a fair and reasonable settlement, you have to actually name the person who injured you (i.e., the insurance company’s insured); then you serve that person (through a professional process server) with the lawsuit; and that person gives the lawsuit to his insurance company.
So even though your case/claim is against the insurance company, the papers you file with the court and the evidence you present at trial all identifies the defendant as the individual.
To be clear: the person you are suing will not pay you a dime out of his own pocket even though to the outside world it looks like he will. Rather, that person’s insurance company, whether his auto insurance or homeowner’s insurance depending on whether he was driving a car or pedaling on his bicycle when he rode in to you, will pay you the jury’s verdict.
Why Are Atlanta Bicycle Accidents Increasing?
According to Atlanta’s transportation plan, a majority of bicycle accidents occur on just a few roads, including Peachtree, Piedmont Road, DeKalb Avenue, Monroe Drive, and Howell Mill Road. With its appointment of a “Bike Czar” and its slow conversion of abandoned railroad tracks into bicycle paths, Atlanta has recently begun to invest in the infrastructure that makes a city bicycle-friendly. Unfortunately, infrastructure changes have not kept pace with the growing popularity of bicycle riding.
In addition to competing with cars on busy streets, bicyclists are at risk from negligent and reckless drivers. The frustration of traffic congestion promotes aggressive driving, including abrupt lane changes, attempts to beat red lights, and speeding in school zones. When bicycle lanes exist, some drivers use them as traffic lanes or turn right without checking to see whether the lane is occupied.
Georgia law regards a violation of a traffic safety law as negligence. Bicyclists who are injured by a negligent driver are entitled to compensation. The families of bicycle riders who are killed by a negligent driver are entitled to wrongful death compensation.
How Does Tobin Injury Law Help Injured Bicycle Riders?
Bicycle accidents cause devastating injuries. When a car crashes into a bicycle, it is the bicycle rider who suffers. Head injuries, including traumatic brain injuries, can impair the ability to think, remember, and concentrate. Spinal injuries can lead to full or partial paralysis. Crush injuries damage vital organs.
Other serious bicycle accident injuries include broken bones, facial scarring, dental and jaw injuries, joint damage, and torn muscles. Road rash can cause infections that result in prolonged hospitalization.
Our Atlanta bicycle accident lawyer help injury victims rebuild their lives. We limit our practice to serious injuries and wrongful death cases so that we can help the people who need us the most. Our Atlanta car accident lawyer, Darren Tobin, is the best person to assist you after an accident.
Compensation is essential to rebuilding a life. Without compensation, hospital bills go unpaid. Accident victims who cannot afford future medical treatment live with pain and disabling conditions when they do not receive injury compensation.
Bicycle accident victims lose wages when they cannot work. They may lose the ability to perform their work. Compensation replaces the loss of past wages and makes it possible to obtain rehabilitation services and training for new employment.
Compensation also helps bicycle accident victims recover from emotional injuries. Injury victims use compensation in ways that relieve stress, anxiety, and depression. We want bicycle collision victims to live the best life they can after suffering the consequences of a serious accident.
When a bicycle accident victim dies, we help families obtain wrongful death compensation. We know that compensation is an inadequate substitute for a life. We also know that victims of fatal accidents would want their family members to have the money they would have earned if they had lived a full life. Our Georgia Wrongful Death Law FAQ explains how families seek and distribute compensation after a loved one’s death.
What Makes Tobin Injury Law Different?
Our firm is dedicated to making the Atlanta metro area a safer place for bicycle riders. There is an online pdf for the state of Georgia, that explains a safety action plan for bicyclists. Drunk drivers, texting drivers, and impatient drivers all endanger bicyclists. By bringing claims for substantial compensation, we help our clients send a message that Atlanta will not tolerate dangerous drivers.
Our Atlanta personal injury lawyers have a reputation for providing fearless, ethical representation to injury victims. Insurance companies keep track of lawyers. They know which lawyers back down and settle for less than a case is worth. They know our lawyers are not afraid to take cases to trial when insurance companies refuse to offer a fair settlement. Most of our cases settle because insurance companies do not want to take cases to trial that they are likely to lose.
Frequently Asked Questions About Bike Accidents
What should I do after a bicycle accident in Atlanta, Georgia?
After a bicycle accident in Atlanta, call 911 and request both police and medical assistance, even if your injuries seem minor. Atlanta traffic crashes are documented by the Atlanta Police Department, and that report can be critical evidence later. Seek medical care immediately, as delayed symptoms are common with bike injuries. Take photos of the scene, vehicle damage, road conditions, and nearby intersections before leaving if possible.
Are bicyclists considered vehicles under Georgia traffic laws?
Yes. Under Georgia law, cyclists who ride their bicycles on Atlanta roads are generally treated as vehicles, not pedestrians. This means cyclists must obey the same traffic signals and lane rules that car drivers must follow. Just like cyclists watch out for car drivers, so too must car drivers respect cyclists’ rights to the road. These rules often come into play in Atlanta bike accident claims involving disputed fault. Understanding how Georgia traffic laws apply is key to protecting your compensation rights.
Can I still file a bike accident claim if I was partly at fault in Atlanta?
Yes. Georgia follows a modified comparative negligence rule, meaning you can recover compensation as long as you are less than 50% at fault. In Atlanta bicycle accident cases, insurers often try to shift blame onto cyclists for lane positioning or speed. If you are in some way responsible, you can still recover. Your compensation would simply be reduced by your percentage of fault, not eliminated entirely. A lawyer can push back against unfair fault allegations common in urban bike crashes.
What types of injuries are common in Atlanta bicycle accidents?
Atlanta bicycle accidents frequently cause traumatic brain injuries, broken bones, spinal injuries, road rash, and internal injuries. Collisions with vehicles on busy roads like Peachtree Street or Ponce de Leon Avenue often result in severe trauma. Even low-speed crashes can lead to long-term complications requiring ongoing care. Documenting every injury is essential to recovering full compensation.
How long do I have to file a bicycle accident lawsuit in Georgia?
In most Atlanta bicycle accident cases, Georgia law gives you two years from the date of the crash to file a personal injury lawsuit though that time can be extended, or in some situations even shortened depending on the circumstances. Missing the deadline usually means losing your right to compensation entirely. Claims involving government entities, such as poor road maintenance in Atlanta, or a county police officer chasing a suspect may require faster notice through an ante litem notice. Acting early gives your attorney time to contact witnesses, preserve evidence, prepare your case, and meet all deadlines.
Does car insurance cover bicycle accidents in Atlanta?
Yes — when a driver causes a bicycle accident in Atlanta, their auto insurance should cover your medical bills, lost wages, pain, suffering, time missed from work, and bike damage. If the driver is uninsured or underinsured, your own uninsured motorist coverage may apply. And even homeowners insurance can cover your injuries. Insurance companies often try to minimize bike injury claims, especially when injuries are serious. A lawyer can identify all available insurance policies and handle negotiations.
Will not wearing a helmet hurt my Atlanta bicycle accident claim?
Georgia law does not require helmets for adult cyclists, including those riding in Atlanta. However, insurance companies may still argue that helmet use could have reduced injuries, especially in head injury cases. This does not automatically prevent compensation but can be used to dispute damages. An attorney can refocus the claim on the driver’s negligence rather than safety gear choices.
What causes most bicycle accidents in Atlanta?
Most Atlanta bicycle accidents are caused by driver negligence, including failure to yield, distracted driving, speeding, and unsafe passing. “Dooring” incidents near parked vehicles and poor visibility at intersections are also common. Road hazards like potholes and uneven pavement contribute to crashes throughout the city. Identifying the cause is critical for proving liability.
Should I talk to the insurance company after an Atlanta bike accident?
You should be cautious when speaking with insurance adjusters after an Atlanta bicycle accident. Statements made early on can be used to reduce or deny your claim. Insurance companies often seek recorded statements before you understand the full extent of your injuries. Consulting a lawyer first helps protect your rights and prevents costly mistakes.
Why should I hire an Atlanta bicycle accident attorney?
An Atlanta bicycle accident attorney understands local traffic patterns, Georgia injury laws, and common insurance defense strategies. Legal representation helps ensure evidence is preserved, deadlines are met, and damages are fully calculated. Attorneys also negotiate with insurers who frequently undervalue bicycle injury claims. Having a lawyer allows you to focus on recovery while your case is handled properly.
When Should I Contact Tobin Injury Law?
Obtaining emergency health care is the first priority of any injury victim. Getting legal advice should be the next priority. Insurance adjusters try to take statements from accident victims before they have a chance to talk to a lawyer. Obtaining legal advice is the best way for injury victims to protect their rights.
Reach Out to an Experienced Bicycle Accident Attorney at Tobin Injury Law
Our Atlanta bicycle accident law firm represents injury victims in the Atlanta metro area and everywhere in Georgia. We never charge to answer an accident victim’s questions. You can reach our Atlanta bicycle accident lawyer 24 hours a day, every day by calling us at 404-JUSTICE (404-587-8423), emailing us, or by submitting our online contact form.