Why Hire Bicycle Accident Lawyers?
Bicycle accident cases present unique challenges. Insurance companies routinely blame cyclists — claiming they weren’t in a bike lane, ran a stop sign, weren’t wearing a helmet, or were riding on the wrong side of the road. An experienced bicycle accident attorney knows how to dismantle these defenses and establish the driver’s primary liability.
Georgia law (O.C.G.A. § 40-6-294) grants bicyclists the same rights and duties as drivers of vehicles. The Georgia Safe Passing Law requires drivers to leave at least 3 feet of clearance when passing a bicycle. South Carolina law (S.C. Code § 56-5-3435) similarly requires safe passing distance and grants cyclists full road rights.
Our attorneys handle cases involving distracted drivers, dooring incidents, right-hook turns, intersection collisions, and road hazard crashes. We investigate every angle — including whether defective road design, inadequate bike infrastructure, or vehicle defects contributed to the accident.
At Roden Law, our personal injury attorneys have helped numerous victims secure millions in compensation across Georgia and South Carolina. We provide all potential clients with a free, no-obligation review of their claim and do not charge upfront legal fees.
Types of Bicycle Accident Lawyers Cases We Handle
Meeting the Statute of Limitations
If you fail to file within the statute of limitations, your claim will be dismissed and you will permanently lose the right to pursue compensation. You should not hesitate to consult with a skilled attorney to ensure your claim is filed on time.
Do I Have a Case?
Before our attorneys can take legal action, we must prove the four elements of negligence existed in your accident:
Duty of Care
The other party owed you a duty of care and was obligated to act in a manner that ensured your safety and the safety of others.
Breach of Duty
The other party breached that duty by failing to act as a reasonably safe and prudent person would have in the same situation.
Causation
The at-fault party's conduct and the resulting accident directly caused your injuries. We gather evidence to prove that but for their negligence, you would not have been harmed.
Damages
You suffered actual, quantifiable damages — medical expenses, lost income, pain and suffering — as a direct result of the at-fault party's breach.
Types of Compensation You Can Recover
Economic Damages
- Past and future medical expenses
- Lost wages or income
- Loss of earning capacity
- Property damage and vehicle repair/replacement
- Cost of rehabilitation and physical therapy
- Assistive medical equipment
- Cost of long-term or lifelong care
Non-Economic Damages
- Pain and suffering
- Mental and emotional distress
- Loss of companionship (spouse/family)
- Disability and disfigurement
- Loss of enjoyment of life
- Humiliation or loss of reputation
Non-economic damages can only be pursued through a personal injury lawsuit, not a standard insurance claim.
Comparative Fault — What If I'm Partially At Fault?
🍑 Georgia — Modified Comparative Fault
You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.
🌙 South Carolina — Modified Comparative Fault
You can recover if less than 51% at fault. Your award is reduced by your fault percentage.
For example, if you filed a $100,000 lawsuit and a court finds you are 30% at fault, your award would be reduced to $70,000. Our attorneys will work to minimize any fault assigned to you.
Common Causes of Bicycle Accident Lawyers Cases
- Distracted driving (texting, phone use)
- Failure to check mirrors before turning right
- Drivers passing too closely (violating 3-foot law)
- Dooring — opening car doors into bike lanes
- Running red lights or stop signs at intersections
- Drunk or impaired driving
- Right-hook turns across bike lanes
- Left turns in front of oncoming cyclists
- Failure to see cyclists in blind spots
- Road hazards (potholes, debris, drainage grates)
- Speeding in areas with bicycle traffic
- Aggressive driving and road rage toward cyclists
Common Injuries in Bicycle Accident Lawyers Cases
Even with a helmet, the impact of a vehicle collision can cause severe concussions, skull fractures, and brain bleeding. Without a helmet, TBI risk increases dramatically. Brain injuries can result in permanent cognitive, behavioral, and motor impairments.
Clavicle fractures are the most common cycling injury. The impact of hitting the ground or a vehicle concentrates force on the shoulder, frequently breaking the collarbone and damaging the rotator cuff.
Being thrown from a bicycle onto a vehicle or pavement can cause vertebral fractures, herniated discs, and spinal cord damage resulting in partial or complete paralysis.
Sliding across pavement causes severe abrasion injuries that can penetrate through skin and muscle. Severe road rash often requires skin grafts and leaves permanent scarring.
Impact with a vehicle or the ground commonly fractures wrists (from bracing for impact), pelvic bones, femurs, and tibias. Many require surgical repair with plates, screws, or rods.
Cyclists often strike the ground or vehicle face-first, causing jaw fractures, broken teeth, orbital fractures, and facial lacerations that require reconstructive surgery.
Blunt force impact to the torso can rupture the spleen, lacerate the liver, or damage kidneys. Internal injuries may not be immediately apparent and require emergency surgical intervention.
Bicycle accidents are disproportionately fatal due to the lack of protection. The NHTSA reports nearly 1,000 cyclist fatalities annually. Surviving families may pursue wrongful death claims for their loss.
Recent Case Results
Client paralyzed in collision with commercial semi-truck.
Defective product caused catastrophic injury.
Client suffered severe injury due to negligent property maintenance.
Wrongful death — surviving spouse of auto accident victim.
Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.
About the Author
Reviewed by Graeham C. Gillin, Partner, COO — Licensed in Georgia & South Carolina
Frequently Asked Questions
Yes. Georgia law (O.C.G.A. § 40-6-294) and South Carolina law grant bicyclists the same rights and duties as motor vehicle operators. Cyclists may use the full lane when necessary for safety and are entitled to right of way at intersections just like any other vehicle.
Georgia requires drivers to pass bicycles at a safe distance, generally interpreted as at least 3 feet. South Carolina (S.C. Code § 56-5-3435) similarly requires a safe passing distance. Violating these laws while causing a crash is strong evidence of negligence.
No. Georgia only requires helmets for riders under 16, and South Carolina has no statewide helmet law. Not wearing a helmet does not bar an adult's claim, though it may be raised as comparative fault for head injuries. You can still recover damages.
A dooring accident occurs when someone in a parked car opens their door into the path of an approaching cyclist. The cyclist may strike the door directly or swerve into traffic to avoid it. The person who opened the door is liable for failing to check for approaching traffic.
Yes. If a pothole, drainage grate, uneven pavement, or debris caused your crash, the government entity responsible for road maintenance may be liable. Claims must follow Georgia's or South Carolina's Tort Claims Act procedures with specific notice deadlines.
Georgia has a 2-year statute of limitations (O.C.G.A. § 9-3-33) and South Carolina allows 3 years (S.C. Code § 15-3-530). Act quickly to preserve evidence — surveillance footage is often overwritten within days.
Call 911 and get medical attention immediately. Document the scene with photos of your injuries, bicycle damage, the vehicle, and the road conditions. Get the driver's insurance information and witness contact details. Do not admit fault or give recorded statements to the driver's insurer before consulting an attorney.
Victims may recover medical expenses, lost wages, pain and suffering, permanent disability, bicycle replacement and property damage, disfigurement, and loss of enjoyment of life. Wrongful death claims are available for surviving families. Punitive damages may apply in drunk driving or egregious negligence cases.
Contact Our Bicycle Accident Lawyers Today
If you were injured and believe another party is at fault, contact us for a free, no-obligation review. We dedicate our skills and resources to recovering the maximum compensation you deserve — at no upfront cost.