In a collision between a two-ton vehicle and a person on foot or on a bicycle, there is no question about who is going to suffer the most. Pedestrians and bicyclists are completely exposed, with nothing to protect them from the force of the impact. The resulting injuries are often catastrophic and life-altering, including traumatic brain injuries, spinal cord damage, and multiple broken bones. If you or a loved one has been hit by a car while walking or cycling, you are not just dealing with a standard car accident claim; you are dealing with a case where the stakes are incredibly high, and the injuries are profoundly serious.
Navigating the legal aftermath of a pedestrian or bicycle accident can be complex. You may be facing a long and difficult recovery, all while the insurance company for the at-fault driver is trying to minimize your claim or, even worse, blame you for the accident. It is a deeply unjust situation, and you need to understand your rights. This guide is here to explain the specific laws that protect pedestrians and bicyclists in Georgia and to outline how these unique and serious claims are handled.
The Laws That Protect the Vulnerable
Georgia law recognizes the inherent vulnerability of pedestrians and bicyclists and places specific duties on motor vehicle drivers to exercise care to avoid hitting them.
For Pedestrians: Drivers have a legal duty to yield the right-of-way to pedestrians in crosswalks. Even when a pedestrian is crossing outside of a crosswalk, a driver still has a duty to exercise “due care” to avoid a collision. This means a driver cannot simply hit a pedestrian and claim the pedestrian was not in a crosswalk. A driver must always be aware of their surroundings and be prepared to stop for a person on foot.
For Bicyclists: In Georgia, a bicycle is legally considered a vehicle, and bicyclists have the same rights and responsibilities as the drivers of motor vehicles. This means they have the right to be on the road. Furthermore, Georgia has a “three-foot rule” (O.C.G.A. § 40-6-56) that requires drivers to leave a minimum of three feet of space when passing a bicyclist. A driver who violates this rule and causes an accident is presumed to be negligent.
The Blame Game: Overcoming Comparative Negligence
One of the most common and cynical tactics used by insurance companies in these cases is to try to shift the blame to the victim. They might argue that the pedestrian was “darting out” into the street, or that the bicyclist was not visible enough. This is a legal strategy called “comparative negligence.”
Under Georgia’s modified comparative negligence rule, you can still recover damages as long as you are found to be less than 50% at fault for the accident. If you are found to be 50% or more at fault, you are barred from recovering anything. Insurance companies know this, and they will work hard to place as much blame as possible on you to reduce or eliminate their payout.
An experienced personal injury attorney will fight back against this tactic. They will gather evidence to show that the driver was distracted, speeding, or otherwise negligent, and that their actions were the primary cause of the accident. This can involve securing surveillance video, interviewing witnesses, and hiring accident reconstruction experts to prove how the collision occurred.
Where Does the Insurance Coverage Come From?
After being hit by a car, many pedestrians and bicyclists are confused about where the insurance coverage for their injuries will come from. The primary source of coverage is the at-fault driver’s auto insurance policy. You will be making a claim against their bodily injury liability coverage.
But what if the driver is uninsured or their policy limits are not high enough to cover your massive medical bills? This is where your own Uninsured/Underinsured Motorist (UM/UIM) coverage can be a lifesaver. Even though you were not in your car at the time of the accident, your own auto insurance policy’s UM/UIM coverage generally follows you. It can provide a critical source of recovery when the at-fault driver has little or no insurance.
Frequently Asked Questions (Q&A)
Q: I was crossing the street outside of a crosswalk. Do I still have a claim?
A: Yes, you may still have a very strong claim. While pedestrians have a duty to yield the right-of-way when crossing outside of a crosswalk, drivers still have an overriding duty to see what is in front of them and to avoid a collision. If the driver had a clear line of sight and should have seen you, they can still be held liable for hitting you.
Q: I wasn’t wearing a helmet when I was hit on my bike. Can the insurance company use that against me?
A: In Georgia, only bicyclists under the age of 16 are required to wear a helmet. For adults, while wearing a helmet is always a good idea, the fact that you were not wearing one cannot be used as evidence of comparative negligence to reduce your claim for injuries.
Q: What if I was the victim of a hit-and-run?
A: This is a tragic situation, but you are not without options. This is precisely the scenario where your own Uninsured Motorist (UM) coverage comes into play. A hit-and-run driver is treated as an uninsured driver, allowing you to make a claim with your own insurance company to cover your damages.
You Deserve an Advocate Who Understands the Stakes
Pedestrian and bicycle accident claims are not like typical car wreck cases. The injuries are more severe, the medical treatment is more extensive, and the fight with the insurance company is often more intense. You need a lawyer who understands the unique laws that apply and who has the experience and resources to take on a case with catastrophic damages.
If you or a loved one has been injured as a pedestrian or bicyclist, you need a powerful advocate in your corner. Our dedicated team of Georgia personal injury lawyers is here to fight for the justice and the full compensation you deserve. Contact us today for a free, confidential consultation. Visit our homepage to learn more about our commitment to protecting the most vulnerable users of our roads.