Avoiding Accidents Between Automobiles and Bicycles

bicycle safety tips duties

Bicycle Safety Tips

There are hundreds of thousands of accidents between automobiles and bicycles each year in the United States. These accidents often have devastating consequences for the cyclists involved, so it is crucial for cyclists to understand their duties on the road and to exercise caution when riding. This article explains the basic legal requirements of cycling on the road and offers some other safety tips to follow.

Georgia Law

The most important thing for bicycle riders to be aware of is that under Georgia law, bicycles are legally classified as “vehicles.” This means that cyclists generally have the same duty to follow the rules of the road as motor vehicles do. For instance, cyclists must obey traffic lights and signs, must give the right of way to pedestrians, and must ride along in the same direction as traffic. However, there are some special rules that apply to cyclists:

  • Under O.C.G.A. 40-6-292, it is illegal for more than one person to ride a single-person bicycle at the same time. An exception exists for infants that are secured by an infant sling or affixed to the bicycle in a bicycle trailer.
  • Under O.C.G.A. 40-6-293, it is illegal for cyclists to attach themselves to a vehicle as they ride.
  • Under O.C.G.A. 40-6-294, cyclists must ride as close to the right side of the road as possible, except when turning left or avoiding hazards. It is important to remember that, although cyclists should stay as far to the right as they safely can, they have every right to ride in lanes of traffic if they need to avoid poor road conditions, pedestrians, or any other “hazard.”
  • O.C.G.A. 40-6-295 actually makes it a crime for anyone to carry anything on a bicycle that prevents them from keeping both hands on the handlebars at the same time. This law, however, does not mean that riders must always maintain both hands on the handlebars at all times – rather, they cannot carry something that prevents them from doing so.
  • O.C.G.A. 40-6-296 outlines several requirements for bicycle equipment.  For instance, bicycles should always have working breaks and should have lights if they are being used at night.

Additional Safety Tips

Riding safely isn’t just about following the law; it is also about following your common sense. Here are some other basic safety tips:

  • Communicate with drivers by making appropriate hand signals and when possible, by making eye contact before crossing through an intersection.
  • Maintain control of your bicycle.
  • Protect yourself—reduce the risk of head injury by always wearing a helmet. In Georgia, riders under the age of 16 are legally required to wear a helmet.
  • Be visible, alert, and communicate your intentions.
  • Ride with traffic.
  • Motorists should always watch for cyclists at intersections, and be patient when passing a cyclist on the road. When passing, the Georgia DMV recommends allowing clearance of at least three feet.
  • The dangers of drunk driving get a lot of attention, but remember that riding a bicycle while intoxicated is highly dangerous as well. In fact, a recent federal study revealed that alcohol was involved in 34% of all fatal auto-cyclist crashes and that 24% of cyclists who were killed in these accidents were intoxicated.

Following these safety tips will help you stay safe on the road. Pay attention to other great resources out there are as well – but remember that not everything you read on the Internet is true. Official government sources, such as the National Highway Traffic Safety Administration, are excellent sources of gaining further information.

If you do get in a bicycle accident, a qualified bicycle accident attorney can help you understand your rights. If you would like more information about this issue, call Williams Elleby Howard & Easter, at 833-LEGALGA today for a free consultation.

Georgia Comparative Fault Law

Two severely damaged cars, the back of a black car smashed in and the front of a gray car smashed in.

Georgia Comparative Fault Law

Imagine this scenario: Two cars are involved in an accident. One party suffers serious injury. The police arrive and prepare a report. An ambulance appears with medical personnel to treat the injured. Medical personnel remove the injured party from his car, place them on a stretcher, and put the injured person in the back of the ambulance. Shortly thereafter, the ambulance takes the injured party to the nearest hospital.
The injured party sues the other party for negligence. The injured party, who became the plaintiff, says that the accident occurred because the other party, the defendant, was negligent in operating his or her vehicle. The defendant counters that the plaintiff was also at fault because the injured party was speeding at the time of the accident. When this case goes to a jury, the jury will decide fault. The Georgia comparative fault rule will be in play, which, after each party’s proportionate fault is determined, may limit the reward available to the plaintiff.

Negligence Claim

The plaintiff must first prove the defendant was negligent in order to recover a reward from the defendant or his insurance company. To successfully prove negligence, a plaintiff needs to demonstrate the following:

  1. The defendant had a duty to conform to a certain standard of conduct;
  2. The defendant breached that duty;
  3. Such breach of duty was the actual (“but for” the defendant there would not have been an accident) and proximate (the defendant’s action was    reasonably foreseeable) cause of injury;
  4. The plaintiff suffered damages.

The standard of conduct for the first prong is what an ordinary person would do in such a situation.  If the defendant does not meet that standard, then he or she can be found negligent if the event caused the plaintiff’s damages.
If the plaintiff is able to prove that the defendant was negligent, the defendant may counter that comparative fault applies. In other words, he or she could argue that the plaintiff was also at fault. If the defendant were capable of proving comparative fault, the plaintiff’s recovery would be limited or even eliminated.

Georgia Comparative Fault Law

In personal injury cases, Georgia applies the comparative fault standard. Under this law, a plaintiff who demonstrates injury due to the defendant’s negligence can recover monetary damages provided that a jury determines the plaintiff is less than fifty percent at fault for the accident. In our example, if the jury finds that the plaintiff was somewhat a fault, but less than fifty percent, he or she could be awarded damages; however, if the jury finds that the plaintiff is at least fifty percent responsible for the accident, then the plaintiff cannot recover any damages. This is also known as partial comparative fault.
If the jury determines that the plaintiff is at fault but by less than fifty percent, then the plaintiff’s award will be reduced in a way that is proportionate to his or her fault. For example, if the jury awards $100,000 in damages and that the plaintiff was forty percent at fault, the plaintiff will recover $60,000, which accounts for the plaintiff’s portion of fault.

Contact Personal Injury Attorney Joel Williams if You Are Involved in an Accident

If you are involved in an accident, contact the personal injury law firm of Joel Williams, a Kennesaw, Georgia lawyer who fights for injury victims. If you have questions or would like to discuss your case, please call our office today at 833 – LEGALGA for a free consultation.

The Personal Injury Lawsuit Process

A closeup of a wooden gavel with a blurred background of a white open book.
Contrary to what you may see on television or hear on the news, the vast majority of lawsuits do not end up in court. Instead, they are settled. Some disputes are even settled before a party files a lawsuit. If you have been injured in Georgia and are considering initiating a lawsuit, it might be helpful to know the basics of how the process works. Understanding the steps can help provide you with a realistic idea of what to expect.

Before the Lawsuit

An insurance company will likely contact you shortly after the accident. It may attempt to get you to settle your claim even at this early point. Insurance companies are often successful because victims tend to be confused and overwhelmed after an accident. However, settling this early is rarely a good idea. When an insurance company contacts you after your accident, you may not yet understand or appreciate the full extent of your injuries or how they will affect your future. Instead of jumping at the first sign of money, you should contact an Atlanta, Georgia, personal injury attorney. A lawyer will be able to evaluate your case and determine whether the insurance company is offering you a good deal or trying to take advantage of you. If a reasonable settlement cannot be achieved, the next step is to file a lawsuit.

The First Step in Filing a Personal Injury Claim

The first step in a lawsuit is filing a petition. This petition lays out the facts of the case and explains why you are entitled to compensation under Georgia law. The other side will reply to your petition via what is called an “answer.” This answer must respond to each of the factual and legal assertions your personal injury attorney made in your petition. From there, the parties will begin the discovery process.

The Discovery Phase

Discovery takes up a majority of the time and effort in a legal case. During this phase, you will work with your Georgia personal injury lawyer to gather information. You can do this through formal discovery by asking the other side questions in writing and demanding that they produce particular documents. You can also request to depose the other side. A deposition is a formal, in-person question-and-answer session that is held under oath. Discovery may also involve extensive research or the use of experts. You can even subpoena other parties to gather more information. Discovery can be a long and complicated process, depending on the case. The discovery process is extremely important to building a good case for trial, however.

Trial

Most people are familiar with the trial process, but it is not like what you have seen on television. If the parties have prepared properly, there should be no surprises. Trial is your chance to present your case to the jury and explain why you deserve compensation for your losses after an accident. Personal injury lawsuits rarely reach the end of a trial because parties can still settle a claim throughout the trial. And while some cases are better suited for trial, many others can be more efficiently resolved through settlement, alternative dispute resolution, or mediation. Taking a case all the way to trial can take years, so parties often settle to save time and money. Your personal injury attorney will be able to help you navigate the process. Call Williams Elleby Howard & Easter at 833-LEGALGA for more information or to request a free consultation.

An Explanation of Wrongful Death Claims

explanation wrongful death claims

An Explanation of Wrongful Death Claims

Have you recently lost a loved one in a car accident where the other driver was at fault? Was your loved one taken from you early because of injuries caused by malfunctioning machinery or because they were prescribed the incorrect medication? Losing a loved one is devastating under normal circumstances, but when death is unexpected and the result of another person’s negligence, you may be able to file a wrongful death claim.

In Georgia, filing a wrongful death claim comes with specific rules that can be challenging for survivors of the deceased to process. It is important to seek the help of an attorney who can get you the compensation and closure you deserve.

What Qualifies As A Wrongful Death

According to Georgia legal codes, a “wrongful death” is defined as the death of a person due to the “negligent, reckless, intentional, or criminal” acts of another entity (person, business, etc.). Examples of when a wrongful death might occur include instances of medical malpractice, motor vehicle collisions, defective products, premises liability, violence, and work injuries. In these instances, certain survivors of the deceased may be able to bring a successful wrongful death lawsuit.

Who Can File A Wrongful Death Claim

A wrongful death case may be initiated by survivors of the deceased. This typically is the surviving spouse or parent. However, if there is no surviving spouse, children may file a wrongful death claim. In addition, a personal representative of the deceased may file a wrongful death claim, in which case damages recovered are held by the estate for the benefit of the deceased’s next of kin.

Compensation Available For Wrongful Death

There are two different types of wrongful death claims in Georgia. The first type of wrongful death claim seeks to establish the “full value of the life of the deceased.” In such cases surviving family members can recover monetary damages for both the monetary and intangible value of the deceased person, including:

● Any lost wages and benefits the deceased may reasonably have earned if they had not passed; and
● Pain and suffering, loss of companionship, and other non-monetary damages felt by loved ones of the deceased.

The second type of wrongful death claim, the “estate claim”, seeks compensation for financial losses that occurred because of the deceased person’s death. Here it is the deceased person’s estate seeking damages such as:

● Medical expenses for injuries or illness that caused the death;
● Funeral and burial expenses for the deceased; and
● Any pain and suffering the deceased endured before death.

Statute Of Limitations

A wrongful death claim must be filed within the time specified by the Georgia statute of limitations. Under most circumstances, the survivors have two years from the date of death to file a wrongful death claim in court. Depending on your case, however, the time may be lengthened or shortened and it is extremely important you file a case before the clock runs out.

Exceptions, for example, exist if there are criminal proceedings in court for the same wrongful death. The two year statute freezes and begins running after the criminal case is completed. There may also be an additional five year toll for cases where the person’s estate is not probated.

Why You Need An Attorney

In Georgia, a wrongful death attorney will usually work on a contingency fee basis, meaning the attorney isn’t paid until the case is successfully settled. Call wrongful death lawyer Joel Williams to speak to an experienced wrongful death attorney about your options. 833-LEGALGA

Georgia’s “Move Over” Law

Georgia's move over law

Georgia’s “Move Over” Law

Georgia wisely passed a “Move Over” law in an effort to reduce the number of injuries and fatalities to police officers, paramedics, firefighters, tow truck operators and highway maintenance workers. The law was passed in response to an increased number of police officers and emergency personnel being killed or seriously injured by passing motorists.

In its most basic terms, the law requires drivers to move-over one lane, when possible, if an emergency vehicle with flashing lights is parked on the shoulder of the highway. If the driver is unable to move over, the law requires the driver to slow down below the speed limit and to be prepared to stop.

This entire statutory text of the law, codified as O.C.G.A. § 40-6-16 is as follows:

(a) This Code section shall be known and may be cited as the “Spencer Pass Law.”

(b) The operator of a motor vehicle approaching a stationary authorized emergency vehicle that is displaying flashing yellow, amber, white, red, or blue lights shall approach the authorized emergency vehicle with due caution and shall, absent any other direction by a peace officer, proceed as follows:

(1) Make a lane change into a lane not adjacent to the authorized emergency vehicle if possible in the existing safety and traffic conditions; or

(2) If a lane change under paragraph (1) of this subsection would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.

(c) The operator of a motor vehicle approaching a stationary towing or recovery vehicle or a stationary highway maintenance vehicle that is displaying flashing yellow, amber, or red lights shall approach the vehicle with due caution and shall, absent any other direction by a peace officer, proceed as follows:

(1) Make a lane change into a lane not adjacent to the towing, recovery, or highway maintenance vehicle if possible in the existing safety and traffic conditions; or

(2) If a lane change under paragraph (1) of this subsection would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.

(d) Violation of subsection (b) or (c) of this Code section shall be punished by a fine of not more than $500.00.

The Georgia Governor’s Office of Highway Safety, citing FBI statistics, noted that traffic crashes claim the lives of more police personnel than any other cause of death in the line of duty, including shootings. As you travel Georgia roads, please adhere to this law and protect the lives of those who keep us safe.