Atlanta Bicycle Accident Lawyer
We have represented a number of people around the Atlanta, Georgia area who have been seriously injured as a result of bicycle accidents. If you have been injured while on your bike, you may need an Atlanta bicycle accident lawyer.
Usually, collisions occur between cars or trucks and bicyclists in the metropolitan Atlanta area, resulting in severe injury to the individuals on the bike. Often, drivers of cars and trucks turn left in front of bicyclists or side-swipe them, causing the person on the bike to be thrown to the ground. Bicyclists usually suffer orthopedic injuries, like broken arms or legs. Occasionally, we see brain and head injuries from these collisions even when bicycle helmets are used.
If a bicyclist is struck by a vehicle with little or no insurance coverage the injured person’s automobile Un/Underinsured Insurance policy may provide a remedy. In other words, if the bicyclist is the victim of a hit and run or the person striking the biker has little or no insurance, the bicyclist’s own automobile insurance policy may step in and provide coverage.
Some laws of interests to bicyclists:
O.C.G.A. 40-1-1(6) – Georgia law defines a “bicycle” as “every device propelled by human power upon which any person may ride, having only two wheels which are in tandem and either of which is more than 13 inches in diameter.”
This code section sets forth restrictions for carrying passengers on bicycles and age minimums for allowing children to ride as passengers.
No person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle shall attach the same or himself to any vehicle upon a roadway.
This code section sets forth, in detail, how bicycle riders should handle bicycles on and around roadways. In general, bikers should ride as near to the right side of the road as possible (when safe to do so) and should utilize paths where provided.
No person operating a bicycle shall carry any package, bundle, or other article which prevents him from keeping at least one hand upon the handlebars.
(a) Every bicycle when in use at nighttime shall be equipped with a light on the front which shall emit a white light visible from a distance of 300 feet to the front and with a red reflector on the rear of a type approved by the Department of Public Safety which shall be visible from a distance of 300 feet to the rear when directly in front of lawful upper beams of headlights on a motor vehicle. A light emitting a red light visible from a distance of 300 feet to the rear may be used in addition to the red reflector.
(b) Every bicycle sold or operated shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level pavement.
(c) No bicycle shall be equipped or operated while equipped with a set of handlebars so raised that the operator must elevate his hands above his shoulders in order to grasp the normal steering grip area.
(d) No bicycle shall be equipped, modified, or altered in such a way as to cause the pedal in its lowermost position to be more than 12 inches above the ground, nor shall any bicycle be operated if so equipped.
(e)(1) No person under the age of 16 years shall operate or be a passenger on a bicycle on a highway, bicycle path, or sidewalk under the jurisdiction or control of this state or any local political subdivision thereof without wearing a bicycle helmet.
(2) For the purposes of this subsection, the term “bicycle helmet” means a piece of protective headgear which meets or exceeds the impact standards for bicycle helmets set by the American National Standards Institute (ANSI) or the Snell Memorial Foundation.
(3) For the purposes of this subsection, a person shall be deemed to wear a helmet only if a helmet of good fit is fastened securely upon the head with the straps of the helmet.
(4) No bicycle without an accompanying protective bicycle helmet shall be rented or leased to or for the use of any person under the age of 16 years unless that person is in possession of a bicycle helmet at the time of the rental or lease.
(5) Violation of any provision of this subsection shall not constitute negligence per se nor contributory negligence per se or be considered evidence of negligence or liability.
(6) No person under the age of 16 failing to comply with any provision of this subsection may be fined or imprisoned.
(a) It shall be unlawful for any person to sell a new bicycle or a pedal for use on a bicycle unless the pedals on such bicycle or such pedals are equipped with reflectors of a type approved by the Department of Public Safety. The reflector on each pedal shall be so designed and situated as to be visible from the front and rear of the bicycle during darkness from a distance of 200 feet. The commissioner of public safety is authorized to promulgate rules and regulations and establish standards for such reflectors.
(b) This Code section shall not apply to any bicycle purchased prior to July 1, 1972, by a retailer for the purpose of resale.
O.C.G.A. 12-3-115 – This code section authorizes the Georgia Department of Transportation to construct bicycle trails after the Georgia Department of Natural Resources or local governing authorities have determined appropriate routes.
O.C.G.A 36-60-5 – After July 1, 1978, each county and municipality must install all new grates on public roadways so as to accommodate bicycles traveling on the public road parallel to the lane of travel of vehicles. Notably, this code section does not apply to limited access highways or other roads where bicycle travel is not allowed.
Questions? Contact your bike accident attorney in Atlanta today.
Contact the Atlanta Bicycle Accident Lawyers
Law Offices of Andrew Goldner, LLC
Phone: (404) 869-1580