BICYCLE AND PEDESTRIAN ACCIDENTS IN GEORGIA

The estimated number of bicycle-related injuries and fatalities across the nation varies depending on the data source. According to the National Highway Traffic Safety Administration, 932 bicyclists were killed in motor-vehicle traffic crashes in 2020, an 8.9% increase from 856 in 2019. Bicyclists’ deaths accounted for 2% of all motor-vehicle traffic fatalities. The Consumer Product Safety Commission reports 425,910 emergency department-treated injuries associated with bicycles and bicycle accessories in 2020. This estimate includes both preventable and intentional injuries. See also: https://www.cdc.gov/transportationsafety/bicycle/index.html. 

The Atlanta Bicycle Coalition is an organization that works to make Atlanta's streets safer and more inclusive for bikers and walkers. The streets that are the most dangerous in the city are four lanes, undivided, with no center turn lanes and no bike lanes. In 2018, ABC created a map showing Atlanta's most dangerous streets for pedestrians and drivers. It's called the High Injury Network. It shows that fewer than 8 percent of Atlanta's streets accounted for 88 percent of deaths on the road.

BREAKING DOWN THE RISK BY NUMBERS

People driving fast — and on roads designed to move cars as quickly and efficiently as possible — killed an increasing number of pedestrians and bicyclists in Atlanta in 2021, according to a new analysis profiling the victims.

• 31 people were struck and killed by people driving cars in Atlanta in 2021 — compared to 14 the year before, says Propel ATL, a bicyclist and pedestrian advocacy organization.  
• 42% of the deaths occurred on Atlanta's "high-injury network" — streets where a disproportionate number of traffic fatalities take place. See above.

Metro Atlanta was the 27th most dangerous region for pedestrians from 2016 to 2020, according to Smart Growth America. Georgia and California had the ninth highest fatality rate. In May, Atlantans approved more than $300 million in spending on new sidewalks, safer streets and bike lanes. Propel is urging the city to make safety improvements, including giving pedestrians a head start when crossing the street, creating a safe street design that addresses transportation inequities and making protected bike lanes the norm rather than the exception.

JUSTICE DENIED

In 2020, a 17 year old was hit and killed while on her bicycle less than a mile from her home in Georgia. A toxicology report showed that the driver tested positive for meth and three other drugs. Officers arrested the woman for driving under the influence and for endangering her own children who were in her car. Despite the findings and arrest, however, the driver was not held liable for the death of the cyclist. Instead, the police stated that the bicyclist did not have the proper red light on her bike, and was riding too far into the middle part of the lane of traffic.  

But the cyclist did have a red reflector on her bike.  GA Code § 40-6-296 (2014) states that: (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 light on the back which shall emit a red light visible from a distance of 300 feet to the rear. Any bicycle equipped with a red reflector on the rear that is approved by the Department of Public Safety shall not be required to have a light on the rear of the bicycle. (emphasis added)

In addition, there is no requirement that bicycles stay on the far side of a lane of traffic. Bicycles are defined as vehicles and generally have the same rights and responsibilities as motor vehicle drivers, with certain specified exceptions. Bicycles are not allowed on sidewalks and are actually required to ride in the street. This law applies whether there is a designated bike lane in the street or not. Some municipalities make exceptions for younger cyclists. For instance, in Atlanta, children 12 years old or younger are permitted to ride their bikes on the sidewalk. See also: https://www.bikelaw.com/laws/georgia/. 

There are many circumstances when a bicycle may ride in the center of a lane and temporarily occupy that lane. These situations include:

• The cyclist is turning left
• In order to avoid hazards such as debris in the road, rough pavement, drain grates, or parked or stopped cars
• When the lane is too narrow to share with a motor vehicle
• When the cyclist is traveling at the same speed as the surrounding motor vehicle traffic
• When passing a vehicle with due care
• If the cyclist is riding straight through an intersection, and the right lane is a right turn-only lane

The above example shows just how tough it can be to get accountability for motor vehicle—bicycle traffic accidents. But The Thomas Law Firm has the experience and skill necessary to get people who are injured by these accidents the help they deserve. When cyclists are involved in motor vehicle accidents, their injuries can be severe, requiring intensive medical care and a lengthy recovery. Medical bills, missed work payments, rehabilitation costs, and medication and/or medical equipment costs can all become overwhelming. Holding a driver responsible for the accident he/she caused can go a long way to alleviating these burdens.

WHAT CAN BE DONE

The Insurance Institute for Highway Safety reports that the most prevalent and serious injuries suffered in bicycle accidents are to the head, which reinforces the importance of wearing a helmet.  GA Code § 40-6-296 (2014) states: (d) (1) No person under the age of 16 years shall operate or be a passenger on a bicycle on a highway, bicycle path, bicycle lane, or sidewalk under the jurisdiction or control of this state or any local political subdivision thereof without wearing a bicycle helmet.

Just how important is it to wear a helmet? Consider this:

• It's estimated that the proper use of helmets could reduce a bicyclist's risk of suffering a head injury by as much as 50 percent.
• Wearing a helmet while riding is estimated to reduce a bicyclist's risk of suffering an injury to the head, face or neck by about 33 percent.
• The odds that a bicyclist will wear a helmet are four times greater after laws are enacted that require their use.

Proper reflective clothing and lights on bicycles are great preventative measures, even when not required by law.  

CONTACT YOUR ATTORNEY

No matter how careful you are, accidents happen. If you or someone you know has been injured in an accident involving a motor vehicle and a bicycle, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal rights.