Atlanta bicycle accident lawyer

On a bike, you have the exposure of a person on foot at close to traffic speed. When a driver hits you, your body takes the force that a car's frame and airbags would have absorbed.

Then come the questions: Who pays the hospital? What about the bike? Will the insurer say it was your fault?

As an Atlanta bicycle accident lawyer, Gary Huggins helps injured riders get answers and deal with the insurance companies. His firm, Huggins Accident Injury Lawyer, is in Perimeter Center near I-285 and GA-400.

Here you'll find Georgia's bike laws, how trail and bike-lane crashes work, the 50% fault rule, how your own car insurance can cover you on a bike, and the deadlines that matter. Call (240) 421-5511 any time; someone answers 24/7.

What to do after a bike crash

• Call 911 and get checked. Concussions and internal injuries don't always show right away.
• Leave the bike as it is. Don't repair it or toss a cracked helmet; the damage shows how the impact happened.
• Save your ride data. Download GPS, bike computer and camera files before they're overwritten.
• Photograph everything: the scene, the vehicle, its tag, your injuries and your gear.
• Get the report. Metro police agencies generally put crash reports on BuyCrash.com within days.
• Decline the recorded statement. The driver's insurer may ask, but Georgia law doesn't require you to give one.

Georgia's three-foot law and other rules drivers must follow

According to the Governor's Office of Highway Safety, 29 bicyclists were killed on Georgia roads in 2022, and 79% of the fatal bicycle crashes that year happened away from an intersection. That puts a spotlight on how drivers pass riders.

Under O.C.G.A. § 40-6-56, a driver approaching a cyclist must use due caution and either:

• Change lanes into a lane that is not next to the bicycle, if road and traffic conditions allow; or
• Slow down, if changing lanes is impossible, illegal or unsafe, to a reasonable speed no faster than 10 mph under the posted limit (or 25 mph, if that is higher), and keep at least three feet between the vehicle and the bike the whole time.

In Georgia, a driver passing a cyclist must change lanes when that is possible and safe, and otherwise must slow down and leave at least three feet. Breaking the rule is a misdemeanor with a fine of up to $250.

Other rules matter just as much:

• Doors. No one may open a vehicle door on the side next to moving traffic unless it is reasonably safe and won't interfere with traffic, or leave it open longer than needed to load or unload passengers (O.C.G.A. § 40-6-243). That includes passengers.
• Phones. Under the Hands-Free Georgia Act (O.C.G.A. § 40-6-241), a driver may not hold or support a phone while driving. See how distracted driving affects injury claims.
• Turns. Watch for the right hook, when a driver turns right across a rider going straight, and the left cross, when a driver turns left into an oncoming cyclist. In both, the question is whether the driver looked and waited.

Did a driver clip you while passing, or turn right across your path? Call (240) 421-5511 and Gary will explain how these rules apply to what happened.

Your rights and duties as a cyclist in Georgia

Georgia applies the rules of the road for vehicles to bicycles (O.C.G.A. § 40-6-291). You belong on the road, and you're expected to obey signals and signs and ride with traffic. The Governor's Office of Highway Safety posts the full text of Georgia's bicycle laws. Key bike-specific rules:

• Ride as far right as practicable, with exceptions. Under O.C.G.A. § 40-6-294, you may move left to turn left, avoid hazards or pass, when you're keeping pace with traffic, or when the lane is too narrow to share safely with a car.
• Two abreast at most. On a roadway, riders may not go more than two side by side, except on bike paths and bike lanes.
• Lights at night. You need a white front light and a red rear light, each visible from 300 feet; an approved red rear reflector can stand in for the rear light (O.C.G.A. § 40-6-296).
• Helmets for kids. Riders and passengers under 16 must wear a helmet on roads, bike paths, bike lanes and public sidewalks.

For riders under 16, Georgia law says that not wearing a helmet cannot be considered evidence of negligence or liability (O.C.G.A. § 40-6-296). The state helmet requirement doesn't cover adults.

Trails, bike lanes and the BeltLine

Multi-use trails across metro Atlanta draw riders, walkers and scooters: the Atlanta BeltLine's Eastside and Westside trails, PATH400 in Buckhead, the Peachtree Creek Greenway in Brookhaven, the Big Creek Greenway in Alpharetta and the Silver Comet Trail, which starts in Cobb County near Smyrna. Trails take you away from most traffic, but crashes still happen:

• At street crossings and driveways, where drivers turning in or out may not look for a rider.
• With other trail users, such as another cyclist, a scooter rider or a loose dog. The person at fault may have homeowner's or renter's insurance that covers liability.
• From a hazard on the path. If a defect on a public trail caused the crash, the claim may be against a city, county or other public body, with short notice deadlines.

Bike lanes help, but they bring their own risks. In Midtown and Downtown, riders deal with cars drifting into the lane, delivery and rideshare vehicles stopping in it, and doors opening into it.

If a rideshare passenger doored you, special insurance rules for rideshare trips may apply; see our page on Uber and Lyft accidents. Riding near the BeltLine Eastside Trail or Ponce City Market? Our Midtown page has local details.

Crashed on the BeltLine, PATH400 or a city bike lane? Call (240) 421-5511 and tell Gary what happened. He can help sort out who is responsible and which insurance applies.

E-bikes and scooters

Georgia law allows electric assisted bicycles on bicycle paths (O.C.G.A. § 40-6-294). E-bike and scooter crashes raise extra questions: which rules applied to the rider, whether a defect or a rental company played a part, and whose insurance covers the injuries. The basics on this page, from fault to the driver's insurance, still apply.

Fault, the 50% rule and what insurers argue against riders

Georgia follows modified comparative negligence. Under O.C.G.A. § 51-12-33, a rider found 50% or more at fault gets nothing; below 50%, the award shrinks by the rider's share. Our article on Georgia's 50% rule shows how fault is divided.

That rule gives insurers a reason to blame riders. Arguments you may hear, and what answers them:

• “The cyclist came out of nowhere.” Ride data, camera footage, witnesses and the car's event data recorder can show where you were and for how long.
• “The cyclist was in the middle of the lane.” Georgia lets riders move left when a lane is too narrow to share safely, to avoid hazards, or to turn left.
• “You didn't have lights.” Georgia requires a front light and a rear light or reflector at night. If you had them, or it was daylight, photos and the bike itself show it.
• “You weren't wearing a helmet.” A helmet doesn't prevent a crash. For adults, insurers sometimes argue it would have reduced the injuries; that depends on medical proof, and it doesn't change who caused the crash.
• “You were riding side by side.” Two abreast is allowed.

If the adjuster is already pinning it on you, call (240) 421-5511 before you answer any more questions.

Who pays after a bike crash?

Georgia is an at-fault state, so the driver's liability insurance pays for injuries the driver caused. The legal minimum is $25,000 per person (25/50/25 under O.C.G.A. § 33-7-11 and § 40-9-37), which may not go far after a serious crash.

Your own auto policy's uninsured/underinsured motorist (UM) coverage protects you and relatives who live with you “while in a motor vehicle or otherwise” (O.C.G.A. § 33-7-11), which can include riding a bike. No car? A household relative's policy may cover you.

• Added-on UM adds to the driver's limits. Picture a $25,000 liability policy and $100,000 of added-on UM: up to $125,000 may be within reach.
• Reduced-by UM subtracts the driver's limits, so the same example reaches no more than $100,000.

Georgia has made added-on coverage the default since January 1, 2009, unless the policyholder rejected it in writing. There are technical steps to keep a UM claim alive; our UM coverage guide explains them. Med-pay, if you bought it, can help with medical bills no matter who was at fault.

After a hit-and-run, Georgia UM can cover an unknown driver if the car made contact with you, or an eyewitness other than you backs up your account, and the crash is reported to police. Report it right away.

Your bike, helmet, computer and riding gear count as property damage, which you can claim from the at-fault driver's insurer. Keep the receipts.

Not sure which policies apply? Call (240) 421-5511. Gary will check every policy in your household, including ones you may not realize cover you.

What compensation can an injured cyclist recover?

Common cycling injuries include broken collarbones, wrists and hips, road rash, spinal injuries and traumatic brain injuries. You may be entitled to compensation for:

• Medical care, from the ER to surgery, physical therapy and future treatment
• Lost wages and reduced earning capacity
• Pain, emotional distress and the rides, races and daily activities you've lost
• Your bike and gear

There is no cap on non-economic damages, such as pain and suffering, in ordinary Georgia injury cases. Punitive damages may be possible if the driver was drunk or acted with conscious indifference to the consequences (O.C.G.A. § 51-12-5.1).

For crashes on or after April 21, 2025, Georgia's SB 68 lets juries see what health insurance actually paid and limits medical expenses to the reasonable value of necessary care (O.C.G.A. § 51-12-1.1). Keep every bill and statement.

If a rider was killed, the family may bring a claim for the full value of that life. Our wrongful death page explains who may file.

How long do you have to file a bicycle accident claim in Georgia?

You generally have two years from the crash to file an injury lawsuit in Georgia (O.C.G.A. § 9-3-33). Watch these other deadlines:

• Your bike and other property: four years (O.C.G.A. § 9-3-31).
• Young riders: a child's own injury claim generally doesn't start running until 18 (O.C.G.A. § 9-3-90), but parents' claims for medical bills follow different rules.
• Government: written ante litem notice within 6 months for a city (O.C.G.A. § 36-33-5) and 12 months for a county (O.C.G.A. § 36-11-1) or the state (O.C.G.A. § 50-21-26). That covers city vehicles, county trucks and defects on public roads or trails, and MARTA claims can carry special notice rules and shorter deadlines.
• Criminal charges: if the driver is prosecuted, for example for hit-and-run, O.C.G.A. § 9-3-99 may pause the clock during the prosecution. Courts apply it case by case, so don't plan around it.

Call (240) 421-5511 to find out which of these deadlines applies to you.

How an Atlanta bicycle accident lawyer helps

Gary has practiced law for 20 years. In a bike case, his early work includes:

• Inspecting the bike, helmet and gear, and pulling your ride and camera data
• Preserving video, 911 audio and body-camera footage before it's gone
• Finding out who owns or maintains the road or trail where you crashed
• Identifying every policy: the driver's, an employer's if the driver was working, a rideshare policy, and your household UM
• Handling the insurers while you recover

Talk to an Atlanta bicycle accident lawyer today

You can meet Gary at 1050 Crown Pointe Parkway, Suite 500, Atlanta, GA 30338 in Perimeter Center, off I-285 near GA-400, or he can talk by phone or video or visit you at home or in the hospital. He speaks Spanish.

The consultation is free, and there is no attorney's fee unless we recover compensation for you. Call (240) 421-5511 to get started.