When you’re involved in a bicycle accident in Georgia, understanding what factors may impact your settlement amount is an important step to gathering evidence, finding a quality attorney, and submitting your claim. Several factors can impact or increase the potential settlement for a bicyclist hit by a car, truck, rideshare, or other type of vehicle. Bicyclists who use public roads, and are required to use public roads, are vulnerable to numerous types of accidents because they are on a small conveyance, wearing minimal protection, and moving around vehicles that are much larger than themselves.

You may be wondering what the average amount is for a cyclist hit by car settlement in Georgia. The answer isn’t so simple, and all cases are unique and can vary greatly. According to the bicycle accident settlement examples listed on this page, the typical Georgia bicycle accident lawsuit is anywhere from $50,000 to $301,000. A settlement is unique to each case and can be impacted by insurance coverage, fault, and many more factors.

 

Recent Cyclist Hit By Car Compensation Examples in Georgia by Kalka Law

Here are some examples of bike accident settlement amounts in Georgia:

Georgia Bike Accident Settlement Amount – $301,000 – Bike Rider Hit by Another Cyclist and Suffers Severe Neck and Head Injury

Our client was on one of his lengthy Sunday rides along Riverside Road, near his home in Alpharetta, Georgia. Our client chose Riverside Road because of its natural beauty and because it had lanes devoted to bicyclists on both sides of the road. Our client was riding his bicycle in accordance with the rules of the road, traveling east in the eastbound lane, on the right-hand side of the road (i.e. with the flow of automobile traffic). See O.C.G.A. §40-6-294 (a) “Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, except when turning left or avoiding hazards to safe cycling.”

Riverside Road curves to the right shortly after its intersection with Old Alabama. Our client went around this curve, he saw a bicycle, which the at fault rider was riding, traveling west in the eastbound lane (i.e. riding on the left-hand side of the road, against the flow of automobile traffic). Due to the curve and foliage on the trees which line Riverside Road, our client did not and could not have seen the other rider until impact. Our client collided with the other rider head on. Our client was taken to the hospital by ambulance. They were referred to a neurologist who performed neck surgery. The Neurologist performed an anterior cervical discectomy and then fused the C5 through C7 vertebrae together using bone morphogenetic protein, an interbody cage device and anterior cervical plate stabilization mechanism.

Our client hired our attorneys and was able to receive the maximum settlement available.

Georgia Bike Accident Settlement Amount – $100,000 – Negligent Driver Fails to Yield Making an Unprotected Left and Crashes into Oncoming Bicyclist

Attorney Anthony Kalka recovered $100,000 for his client who suffered life-altering injuries after a negligent driver crashed his Chevy Tahoe into Mr. Kalka’s client while trying to make an unprotected left-hand turn. The client was rushed to the emergency room where he required stitches and surgery for a fractured knee. As a result of the accident, the client suffered a loss in quality of life as he was no longer able to perform activities like bicycling, exercising and walking without support. Mr. Kalka used video and audio evidence to prove his client was in no way at fault for the incident, which awarded Mr. Kalka’s client a personal injury settlement that covered the cost of his medical bills, surgery and pain, and suffering.

Georgia Bike Accident Settlement Amount – $100,000 – Negligent Driver Runs Bicyclist Off Road in Marietta, Georgia

Our client was run off the road by a driver while bicycling in their designated lane in Marietta. They suffered a broken wrist that required surgery to repair, as well as multiple broken ribs. The initial low offer from the at-fault driver’s insurance company was just $25,000. We were able to investigate and negotiate a 4x settlement of $100,000 for our client.

Negligent Bicyclist Runs Other Bicyclist Off Silver Comet Trail in Marietta, Georgia

In 2021 A client was run off of the Silver Comet Trail and suffered a broken wrist. Their initial settlement offer was a mere $5,000. We were able to negotiate a much better settlement of $50,000 to compensate them for medical bills, pain & suffering and time away from work.

In 2022, another client was run off the Silver Comet Trail by another bicyclist riding recklessly. They suffered a broken sternum and required surgery. The insurance company for the other rider initially offered only a $10,000 settlement. After our investigation and compiling the costs for our client to undergo surgery and miss work, as well as other costs due to the accident, we were able to negotiate a $250,000 settlement.

 

What are Some Factors That Affect Bicyclist Hit By Car Accident Settlements in Georgia?

Recent Average Georgia Bike Accident Settlement AmountAfter an accident occurs, filing a claim, repairing your bike, and having your medical bills, loss of work, and other expenses covered become the main focus for any cyclist victim. While no case is typical, the factors that impact the settlement when someone is hit by a car while on a bike can be categorized into three main groups:

Severity of injuries:

    • Nature and extent of physical injuries: More severe and permanent injuries, such as traumatic brain injuries, spinal cord damage, and limb loss, will generally result in higher settlements. This is because such injuries often require extensive medical treatment, rehabilitation, and ongoing care, leading to significant financial burdens for the victim.
    • Psychological and emotional impact: Emotional distress, anxiety, and depression stemming from the accident can also be considered in settlement negotiations.
    • Future medical needs: If the victim requires ongoing medical treatment or therapy due to their injuries, this will be factored into the settlement amount.

Liability and fault:

    • Degree of driver fault: If the driver was clearly at fault for the accident, this strengthens the bicyclist’s case and can lead to a higher settlement.
    • Shared fault: If both parties share some degree of fault, the settlement amount may be reduced accordingly. Georgia is a modified comparative negligence state – so a settlement could be reduced by the percentage of fault that may be assigned to the cyclist.
    • Availability of insurance: The available insurance coverage for both the driver and the bicyclist can significantly impact the settlement amount. Most bicyclists don’t carry accident insurance, but their liability/homeowners insurance may come into play if they are determined to be significantly at fault for the accident.

Legal representation:

    • Experience and expertise of the attorney: A skilled personal injury attorney can effectively argue the case, present evidence, and negotiate a favorable settlement for the bicyclist.
    • Evidence gathered: Documentation of the accident, including police reports, witness statements, medical records, and photographs, plays a crucial role in proving the bicyclist’s case and maximizing the settlement amount.

There are some other relevant factors that lie outside these three categories as well:

    • Lost wages and earning potential: If the bicyclist’s injuries prevent them from working or earning a living, this will be considered in the settlement amount.
    • Property damage: The cost of repairing or replacing the damaged bicycle can also be included in the settlement.
    • Jurisdiction: Laws and regulations governing personal injury claims can vary significantly by state. It’s important to consult with a Georgia bicycle accident attorney to ensure you’re knowledgeable about the opportunities you have for claims and settlements.
    • Strength of the case: The overall strength of the bicyclist’s case, including witness testimony and expert opinions, can influence the settlement amount.

It’s important to remember that each case is unique, and no two settlements will be the same. The best way to determine the potential settlement value for a specific case is to consult with one of our experienced personal injury attorneys at The Kalka Law Group. We can assess the individual circumstances and provide informed legal advice on how to proceed.

 

Main Causes of Bicycle Accidents in Georgia

The weather in most of Georgia, and certainly in the Atlanta area, can be classified as bicycle weather nearly year round. It’s common to see bicyclists enjoying a ride, commuting to work or the store, or pursuing mountain biking and road racing where available. The prevalence of cyclists in Georgia means an increased chance of bicycle vs. car accidents.

The most common cause of bicycle accidents in Georgia is a vehicle encroaching on the space Georgia Law provides to bicyclists along any road, commonly known as the “3-Foot Law.” In addition, there are are a number of common causes of bicycle accidents in Georgia, which can be broadly divided into two categories, Motorist Negligence and Cyclist Error.

Motorist Negligence:

    • Distracted driving: This is a huge problem and includes texting, talking on the phone, eating, or anything else that takes a driver’s attention away from the road. Studies have shown that distracted driving is a major factor in many bicycle accidents.
    • Dooring: This happens when a car door is opened into the path of an oncoming cyclist. It’s important for drivers to check their mirrors and blind spots before opening their doors.
    • Failure to yield: This can happen at intersections, when turning, or when merging lanes. Drivers need to be aware of cyclists and yield to them the right of way.
    • Speeding: Speeding increases the stopping distance for motorists, making it more difficult to avoid a collision with a cyclist.
    • Driving under the influence: Drugs and alcohol can impair a driver’s judgment and coordination, increasing the risk of an accident.

Cyclist Error:

    • Not obeying traffic laws: This includes things like running red lights or stop signs, riding against traffic, and not using proper signals.
    • Riding while intoxicated: Alcohol and drugs can impair a cyclist’s judgment and coordination, making it more difficult to control their bike and avoid accidents.
    • Distracted riding: This includes things like texting, talking on the phone, or listening to music with headphones.
    • Inattention: Cyclists need to be aware of their surroundings and avoid distractions that could take their eyes off the road.
    • Riding in hazardous conditions: This includes things like riding at night without lights or riding in bad weather.
    • Equipment failure: Cyclists need to make sure their bikes are in good working order and that their tires are properly inflated.

Other factors:

    • Poor road design: This can include things like inadequate bike lanes, potholes, and missing or damaged signs and signals.
    • Lack of visibility: Cyclists can be difficult to see, especially at night or in bad weather.
    • Congestion: Heavy traffic can make it difficult for motorists to see cyclists and can also lead to aggressive driving.

When looking to maximize your settlement, having a qualified attorney by your side with only your interests in mind can make the difference between a disappointing and favorable outcome.

 

What Duties Must Bicyclists Observe to Avoid Fault In A Bicycle Accident in Georgia?

Bicyclists have the same rights and responsibilities as motorists on the road, but they also have specific duties they must follow to stay safe and avoid accidents. If these duties are ignored, there is a chance they can be found at fault for at least a portion of an accident. As Georgia is a modified comparative negligence state – this can impact their settlement amount, should one be awarded.

Here’s a summary of the key duties of bicyclists in Georgia:

General Traffic Laws:

    • Ride with the flow of traffic: This means riding on the right side of the road, except when passing, turning left, avoiding hazards, or in situations where it’s unsafe to ride on the right (e.g., narrow lanes).
    • Obey all traffic signals: This includes stopping at red lights and stop signs, and yielding the right of way as required.
    • Maintain a safe speed: This means riding at a speed that is safe for the conditions and not exceeding the speed limit.
    • Use proper hand signals: Signal turns and stops clearly and well in advance of your maneuver.
    • Be predictable: Ride in a straight line and avoid weaving or erratic movements.
    • Yield to pedestrians: Pedestrians always have the right of way.
    • Ride single file: This means riding one behind the other, except when passing.

Equipment:

    • Brakes: Bicycles must be equipped with brakes that are capable of stopping the bicycle within 25 feet from a speed of 10 mph on dry, level pavement.
    • Headlight and taillight: Required for riding at night.
    • White front reflector and red rear reflector: Required at all times.

Additional Duties:

    • Use a helmet: Helmets are not mandatory in Georgia, but they are highly recommended for safety.
    • Do not ride under the influence of alcohol or drugs: This is illegal and can impair your judgment and coordination.
    • Wear bright clothing during the day and reflective clothing at night: This will make you more visible to drivers.
    • Ride defensively: Assume that drivers don’t see you and be prepared to take evasive action.
    • Maintain your bicycle: Keep your brakes, tires, and other components in good working order.

 

Conclusion: Hit by Car on Bike Settlement

There are numerous factors that can impact settlement when you’re a cyclist hit by a car and filing a claim. The common thread that runs through all factors and scenarios is the necessity of a cyclist hit by car accident attorney by your side. A good attorney, like our excellent team at Kalka Law Group, can negotiate on your behalf, guide you through the lengthy process of claims and denials, and ensure you have funds available to reimburse you for property damage, medical bills, pain and suffering. Our team of highly qualified lawyers is nearby and ready to help you with your cyclist hit by car compensation claims. You don’t pay unless we win. 100% free consultation. Call 24/7 at (404) 529-9371 or email us!

Our team of Georgia Personal Injury Lawyers are experts in all aspects of bike accident litigation,  car accidents, and commercial vehicle accidents and getting you on the road to recovery is our top concern! Give us a call today at (404) 529-9371.

If you are interested in reviewing average settlement amounts for other types of Georgia accidents see our additional resources on the matter: