Articles Posted in Bicycle Accidents

by

Its that time of the year again when more and more people are riding bicycles for health reasons and also due to ecological and economical reasons. Regardless of the reasons bicycles must share the road with cars and trucks.

There are 2 views about bicyclist usage of the roadway.  There are those who understand that the bicyclist has the right to be on the roadway, and there are others who resent the bicyclist and think they are in the way and slowing them down.  There are also different opinions between those using a bicycle for necessary transportation and those using the bicycle with a group of people for exercise.

Unfortunately, when a bicyclist is hit by a car, there are usually significant injuries involved, if not fatalities.  There was an article in the Atlanta Journal Constitution back in Oct. 2010 about a crash involving an SUV and a group of cyclists near Augusta.  This crash led to the opinions of people who use the road for exercise and others who use their bikes as a means of transportation.  Some people liken those who ride their bicycles for exercise to a “motorcycle gang.”

In the above accident, Daniel Johnson, 41, was driving his SUV when he ran into a group of recreational cyclists.  This accident injured 5 of the bicyclist, and sent one of them to the hospital with a brain injury, (Dr. Matthew Burke).  Dr. Burke, the cyclist with the most severe injury had survived a tour of duty in Iraq in 2009 and was an orthopedic surgeon.  He was tossed 40 feet ahead after being struck by the SUV, Dr. Burke was pronounced dead on February 6, 2011, after 128 days in a coma under life support.  Mr. Scott Moore was among the injured cyclists in this incident, and he stated that the group was riding 2 abreast at the roads edge, on a straight section of the two lane road when the accident occurred.  The driver of the vehicle pled guilty to felony manslaughter on October 12, 2011.

Due to the many accidents between motor vehicles and bicycles, on May 11, 2011, Governor Deal signed the 3-foot safe passing bill into law, also known as HB101, “The Better Bicycling Bill.”

HB101 makes lawful the sale and use of clipless pedals and recumbent-style bicycles, which are technically illegal under the old code.  Other changes include recognition of bicycles right-of-way in dedicated bike lanes, establishing minimum design guidelines for bicycle lanes and clarifying circumstances under which a cyclist may take the full travel lane due to unsafe conditions or obstructions.

Most significantly, however, a Senate amendment of the bill defines three feet as the minimum safe passing distance for motor vehicles overtaking cyclists.  With the adoption of this law, Georgia joins a growing number of states with safe passing distance laws.  Motor vehicles passing a cyclist too closely, known as “buzzing,” are a serious factor in causing bicycle crashes.

Bicycle accidents usually happen when a vehicle fails to yield the right of way to a bicyclist at an intersection, or sideswiping the bicyclist.  Often vehicles with turn directly in front of cyclist while pulling into or out of private driveways or parking lots. Sometimes these accidents are caused because the driver of the vehicle is looking for another vehicle and not a bicycle, pedestrian or even a motorcycle- so they don’t “see” them.  There are also the “usual” reasons for automobile accidents, such as the driver running a red light or stop sign, or driving while under the influence of alcohol or drugs, as well as inattention.

Many bicycle accidents are solo accidents involving a defect or some other hazard on the road or trail, or a defect in the manufacture of the bicycle, itself.  Because legal and accident forensics issues can be complex if you are involved in a bicycle accident and suffered more than very minor injuries, you should contact a competent attorney.

If you are injured in an accident between a bicycle and a motor vehicle, you should always wait for the police to respond to the scene, they can begin the preliminary investigation of the accident scene, which will help if a reconstructionist is needed at a later time.  You also need to obtain all contact information about the other driver and their insurance information, as well as the contact information for all witnesses.  Always seek medical attention to document your personal injuries.

Do you know the rules of the road?  Do you know what your case is worth?  Please contact the Angell Law Firm at (770) 217-4954 before making any statements or making any decisions.  We will be happy to assist you with a FREE consultation

by

Believe it or not, bicycle accidents account for two percent of all traffic fatalities as well as two percent of all people injured in auto accidents. 662 riders were killed in bicycle accidents and an additional 48,000 were injured in the year 2002. Since 1932, approximately 47,000 riders have died in accidents in the United States.

The majority of bicycle accidents occur because an automobile driver is distracted or drives irresponsibly around a cyclist. This comes despite most cyclists taking safety precautions to prevent an accident from occurring. In also does not take much time to realize that in a bicycle accident, the cyclist normally takes the brunt of the damage. Thanks to a lack of public support and a bias from law enforcement officers, it is extremely hard to determine the cause of the majority of bicycle accidents.

Cyclists that are injured in bicycle accidents can sustain severe and permanent injuries. They can also sustain horrible financial loses, which can affect their lives as well as their families’ lives. The law does provide an injured person the right to try to recover damages if another person is responsible for their injury. Damages include: lost wages, funeral expenses, medical expenses, pain and suffering, among other things. If a cyclist is killed, the spouse is entitled to attempt to recover damages from the offending party. Monetary compensation cannot bring a loved one back but it can ease the financial suffering that the accident caused.

Generally speaking, the insurance company for the automobile will immediately start an investigation. Their goal will be to limit the damages of the injured cyclist to the lowest possible amount. These companies will try to lowball the cyclist to get them to settle out of court. They have special procedures to save them money, so be on the lookout for the insurance company trying to do this to you.

They will try to settle immediately to avoid future expenses such as lost wages, future medical expenses, and many more things. Do not fall for this trap. Contact an attorney immediately and do not speak to the insurance company without your attorney with you.

The insurance company will also record statements from both parties, take photographs, have both vehicles examined, and obtain the police report to determine the extent of the injuries. They normally should be able to go through anything within a week. It may be best to find a Georgia attorney that specializes in bicycle accidents.

Before injuries can be determined, a physician must properly diagnose all injuries. This is to make sure all future injuries be taken in to account, as well as any permanent injuries or disabilities. Do not rush to settle with the insurance company. The state of Georgia allows for a civil lawsuit to be filed up to two years after a bicycle accident. If you settle too early, you will regret it once all your injuries get worse.

There are also other issues you will need to deal with if you are injured in a bicycle accident. If your health insurance company covers your medical bills then they will most likely seek reimbursement from you when you settle with the offending party. There are many limitations on their right to attempt to collect reimbursement and an attorney will be able to protect you from this. Another common issue is the insurance company that pays your worker’s compensation. Once again, your attorney should be able to help you with this.

The state of Georgia only requires that drivers maintain liability insurance coverage in the amounts of $25,000 per person and $50,000 per accident. Therefore, it may be difficult to collect enough compensation to cover all the injuries in an accident. In cases like these, the injured party can explore other options to compensate them for their injuries such as the personal assets of the offending party.

It is extremely complicated to determine the actual value of a claim for the injuries sustained from a bike accident. Everything needs to be taken into account and this can take some time. It is best to contact a personal injury attorney who is experienced in bike accidents. This way, you have someone who knows the legality and complications of bicycle accidents. They can use this knowledge to better serve you and hopefully get you the highest award possible for your injuries.

If you have been injured in an accident, call Atlanta Bicycle Accident Attorney Bryce Angell at 770-217-4954 for a free consultation.