When a Vehicle Hit Bike: Proving Violation of Bicycle Laws

Motor vehicles owe bicyclists a duty of care to drive carefully and attentively when bicycles are in their area. According to Georgia law, a motor vehicle must maintain a safe distance from a bicyclist at all times. The Georgia Code definition of "safe distance" is no less than three feet from the rear of the bicycle.

Motor vehicles must heed this safe distance warning when overtaking a bicycle traveling in the same direction. Motor vehicles must also yield to a person riding a bicycle in a designated bicycle lane, and motor vehicles are not allowed to ride in or obstruct bicycle lanes or paths.

It is against the law for drivers of motor vehicles to engage in any of the following behaviors near an Atlanta bicyclist. 

  • Reckless driving
  • Aggressive driving ("road rage")
  • Any other actions intended to intimidate, harass, or injure a bicyclist

If a vehicle hit bike and you believe it was the driver's fault, your best support will come from the police report and witness testimony. Always call the police to the scene of an accident, even if you feel your injuries are not serious. You want an official record of the incident. Make sure you get the names and contact information for anyone who witnesses your accident, as their testimony could be later used to prove that the motor vehicle driver violated the bicycle laws in Georgia.

Because of Georgia’s comparative negligence laws, in order to win an injury claim, you must prove that the driver was at least 50 percent or more at fault for causing the accident. If you are injured, after seeking medical treatment it is best to contact a Georgia bicycle accident attorney immediately to protect your right to file an injury claim and obtain a fair settlement for your damages.

Hit by a negligent driver while on a bicycle? Jason Schultz Can Help

To ensure your family is compensated through the long-term consequences of a serious bicycle accident, call The Law Office of Jason R. Schultz, P.C. Schedule a free consultation and let our team of personal injury attorneys review your options. Call us today at 404-474-0804.

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