Bicycle Accident Lawyer in Alpharetta, GA

The rules of the road apply to you — and to the driver

A bicycle is a vehicle under Georgia law, and a cyclist has the same rights and duties as any other driver on the road. Drivers have one duty specific to cyclists. When passing a bicycle, a driver must leave at least three feet of space (O.C.G.A. § 40-6-56).

A driver who clips a cyclist while overtaking has, almost by definition, broken that rule.

Georgia’s Governor’s Office of Highway Safety publishes the state laws that apply to cyclists, starting with the rule that a bicycle is a vehicle.

The crashes that happen

• Close passes and sideswipes — the three-foot rule.
• Right hooks — a car passes, then turns right across the cyclist’s path.
• Left crosses — an oncoming car turns left into the rider.
• Dooring — a parked driver opens a door into a rider’s path without looking.
• Rear-end impacts — a driver who simply did not see the rider ahead.

What the insurer will argue

That you were riding where you should not have been, without lights at night, or that you moved into the driver’s path. Georgia reduces your recovery by your share of fault and bars it at 50% (O.C.G.A. § 51-12-33), so these arguments are worth money to them.

Bikes and helmets with cameras have changed a lot of these cases. If you ride with one, save the footage immediately — some devices overwrite on a loop.

Riders under 16 must wear a helmet in Georgia (O.C.G.A. § 40-6-296). For adults it is not required, but in a head-injury claim the insurer may still raise it.

Coverage people overlook

If you own a car, your own uninsured and underinsured motorist coverage may cover you on a bicycle. Your household’s policies may too. Many cyclist crashes involve a driver who leaves, or who carries only the minimum, so this coverage is often what makes the claim worth bringing.

Keep everything

The bike, unrepaired. The helmet, even if it looks fine — a cracked liner may not be visible. Torn clothing. Your cycling computer or app data, which can show speed and route. Photographs of your injuries as they change.

Deadline

Generally two years from the crash to file suit (O.C.G.A. § 9-3-33). Get treated the same day if you can, and do not give the driver’s insurer a recorded statement.

Bicycle cases are handled with the other road cases in our Alpharetta road injury cases.

Related: pedestrian accidents · motorcycle accidents · car accidents

Common questions

How much room must a driver give a cyclist in Georgia?

At least three feet when passing (O.C.G.A. § 40-6-56). A driver who clips a cyclist while overtaking has almost always broken that rule.

Do adult cyclists have to wear a helmet in Georgia?

No. Riders under 16 must wear one (O.C.G.A. § 40-6-296), and adults are not required to. In a head-injury claim the insurer may still raise it.

Will my car insurance cover me if I was hit on my bike?

It may. If you own a car, your uninsured and underinsured motorist coverage can cover you on a bicycle, and household policies may too. This often matters when the driver left or carried only the minimum.

What should I keep after a bike crash?

Keep the bike unrepaired and the helmet even if it looks fine, since a cracked liner may not show. Save torn clothing, your cycling app or computer data, and any camera footage before it loops over.

What is a right hook?

A right hook is when a car passes a cyclist and then turns right across the rider's path. It is one of the most common ways cyclists are hit, along with close passes, left crosses and dooring.