Proving Fault in Cyclist-Auto Accidents
When cyclists and automobiles collide, establishing fault can often be a complicated question. Under Georgia law, proving negligence requires showing that the defendant had a legal duty, that they breached this duty, and that the breach caused the plaintiff’s harm.
Breach of Duty
Cyclists and auto drivers owe reciprocal duties of care to each other on the road. Therefore, the existence of a duty is presumed in all cyclist-auto accidents, and the plaintiff must prove that this duty was breached. In many cases whether a duty was breached depends on whether the defendant acted reasonably under the circumstances. This is a question of fact for the court to consider based on the evidence and the witness testimony. By far, the easiest way to prove that a duty was breached is to show that the defendant broke a rule of the road. If this is shown, negligence per se is established.
Negligence Per Se
In Georgia, breaking a traffic law creates a presumption of negligence. As the Georgia Court of Appeals put it, “A violation of the Uniform Rules of the Road prima facie establishes negligence per se in the absence of a valid defense.” In plain English, this means that if a person breaks a traffic law, they will automatically be considered negligent in court unless they can prove that they had some valid reason for doing so. It is therefore important to be aware of the rules of the road, whether you are a cyclist or a driver, and to always try your best to adhere to them.
Bicycles are considered “vehicles” under Georgia law and therefore must generally follow the same rules of the road as automobiles. There are also some specific provisions that apply to cyclists. In 2011, Georgia passed the “Better Bicycling Bill.” Some key mandates of this law are:
- Drivers must give 3 feet of distance when passing cyclists.
- Cyclists have the right of way when traveling in bike lanes.
- Cyclists must ride in the same direction as traffic.
- Cyclists can only move into lanes of traffic when the bike lane or shoulder is obstructed or hazardous, or when they are turning left.
And, of course, committing a DUI can also create negligence per se. This is true for both drivers and cyclists (yes, drunk cycling is illegal too). Violating any of these laws, or any other traffic laws, would constitute negligence per se if doing so caused an accident.
Causation
Causation is usually an issue when it comes to proving damages. For instance, if a plaintiff had preexisting back pain, it may be difficult for them to prove that their back pain was caused by the accident. But, causation is also important when it comes to establishing fault. When a rule of the road is broken, people often erroneously assume that this means there will be an open and shut case against them. But, breaking a rule of the road is negligence per se only if doing so was the cause of the accident.
Contact Kennesaw Car Accident Attorney Joel Williams Today
Dealing with a personal injury due to an accident is stressful. Relying on an experienced personal injury attorney to handle your legal claim and get you the compensation you deserve can make it easier. If you have been involved in an accident, call Williams Elleby Howard & Easter, at 833 – LEGALGA for a free consultation.
