Bike Law Georgia

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Red, White, and Bike! Happy 4th of July weekend!

📸 Ken Rosskopf probably 10+ years ago

Case Study 27 of 30

Cyclist v. Inattentive Driver

A cyclist was only 5 minutes away from his home when he was hit by a driver who took a right turn from Mountain Industrial Blvd onto a private driveway in Tucker, GA.

The driver was given a traffic citation for violation of Georgia law O.C.G.A § 40-6-56 that defines how to proper pass a cyclist. (Hint to drivers: It doesn't say you should take a right turn directly into a cyclist.)

The cyclist had recently moved to the US, was still learning English and was not aware of the legal options for injured cyclists in Georgia. He had a $70k medical bill just for the ER and he had just bought his new Trek Emonda SL6 less than a month prior.

Thankfully, his bike friends from his group ride Bike Roswell connected him with our law firm. (Pro-tip: Your bike friends always have your back!)

Our team was able to secure personal injury settlements from the driver and from the UM/UIM coverage from the auto policy from the cyclist's brother under the "resident relative" provision.

👉🏾In Georgia, "resident relative coverage" refers to an insurance provision that extends policy protections to blood relatives, spouses, or adopted family members who live in the same household as the primary policyholder.

The Legal Team
Kendrick K. McWilliams - Lawyer for People who Ride Bikes
Kimberly Hart - Case Manager
Mike Waits - Negotiations Paralegal

Case Study 25 of 30

Cyclist v. Driver in the bike lane

Cyclist was a graduate student riding in the bike lane on State Street approaching the intersection with Peachtree Place in Atlanta.

A driver attempted to make a right turn, totally ignored the existence of the bike lane AND the presence of a cyclist in the bike lane. This bike lane was not a protected bike lane. The driver entered the bike lane and hit the cyclist.

The crash broke the cyclist's elbow, fractured her clavicle and caused severe road rash and abrasions. She needed an open reduction internal fixation surgery to repair the elbow fracture.

Our team was able to obtain the entire policy limits from the driver's insurance carrier and almost the entire UM coverage limits from the cyclist's auto policy.

We handle cases like this one frequently. A painted line is not safe bike infrastructure. Studies around the country have shown that protected bike lanes reduce the risk of injury and fatalities dramatically. The most effective protected bike lanes use concrete barriers, planters, or parked cars as buffers — not just flexible posts. These robust separations cut cyclist-motorist crashes by 53% while reducing injuries for all street users.

We need to continue pushing for safer streets for all vulnerable road users and protected bike lanes are key to accomplish this.

⚖️The Legal Team
Matt Hagen - Personal Injury Lawyer for Cyclists
J. Williams - Case Manager
Amie Risley - Negotiations Paralegal