I Never Saw the Cyclist: Who’s at Fault for Bicycle Accidents?

In motor vehicle accidents involving bicycles, it’s not uncommon for the driver to insist the cyclist appeared out of nowhere or that they didn’t see the cyclist until it was too late. Perhaps the car was turning left at an intersection, changing lanes, or pulling out of a driveway. Whatever the reason, many drivers claim bicycle collisions were unavoidable because the cyclist was hard to see. However, Georgia law requires both drivers and bicyclists to act responsibly, and each person’s actions can affect who is legally responsible for a crash, as our Tifton accident attorneys explain. 

What Are Common Situations Where Drivers Fail to See Cyclists? 

Let’s face it: Sometimes, bicycles can be hard for drivers to see. Car accidents involving bicycles often happen because a driver overlooks a cyclist during an otherwise routine maneuver. Three common situations illustrate how this can occur: 

• Left-turn collisions: A driver approaching an intersection turns left across oncoming traffic without noticing a cyclist traveling straight through the intersection in the oncoming lane. O.C.G.A. § 40-6-71 requires drivers to yield to oncoming traffic when turning left at an intersection. If a driver turns left across a cyclist’s path without yielding, that may support a personal injury claim. 
• Drivers exiting driveways: Drivers pulling out of driveways or parking lots may focus only on approaching vehicles while ignoring cyclists traveling along the roadway or in a bike lane. Whether the driver acted negligently can depend on visibility, obstructions, and traffic conditions. 
• Right turns across a cyclist’s path: A driver traveling alongside a cyclist may turn right across the cyclist’s path without checking their mirrors or blind spots, assuming that no vehicle next to them means nothing is there. Under O.C.G.A. § 40-6-123, drivers may turn only if they can do so safely, so turning right across a cyclist’s path may support a claim of negligence. 

While a driver may claim they never saw a cyclist in any of the above situations, the more pertinent question is whether each party — the driver and the cyclist — exercised due care under the circumstances. 

What Does Georgia Law Require of Drivers and Cyclists? 

Contrary to what some believe, the rules of the road apply equally to drivers and cyclists. 

Drivers must follow applicable traffic laws and operate their vehicles with reasonable care. Depending on the circumstances, failure to yield, making an unsafe turn, or failure to maintain an adequate lookout may provide evidence of negligence. However, cyclists must also comply with applicable laws, including many of the same laws that govern drivers. Other laws are cyclist-specific, such as O.C.G.A. § 40-6-294, which requires cyclists to ride as near to the right side as possible, or O.C.G.A. § 40-6-296, which requires cyclists to use lights mounted on the front and rear of their bicycles when riding at night. Thus, failing to comply with either a generally applicable rule of the road or a cyclist-specific rule may be evidence of the cyclist’s negligence. 

For more information about which traffic laws apply to cyclists and drivers and how those legal obligations affect liability for accidents, speak with a Tifton accident attorney. 

What Happens if a Driver Claims a Cyclist Was Partially at Fault for an Accident? 

Even where a driver appears to have caused a bicycle accident, insurance companies may argue that the cyclist contributed to the crash. For example, the driver’s insurer may claim that the cyclist was traveling too far into the road, going too quickly, failed to signal a turn, or rode without the legally required nighttime lighting. If proven, the cyclist’s negligence may reduce the damages they can receive. Under Georgia’s comparative negligence scheme, injured plaintiffs may recover so long as they were less than 50% at fault; however, their damages award is reduced by the percent to which they were at fault. Of course, accusations of negligence are not proof of negligence. If you’re an injured cyclist facing an allegation that you were partially at fault for the accident that caused your injuries, you should consider speaking to a Tifton accident attorney. 

What Is Useful Evidence in Bicycle Collisions? 

When a driver and cyclist disagree about how a crash occurred, objective evidence can make the difference between success and failure in a legal dispute. Some of the most useful evidence in such cases includes: 

• Video footage: Dashcams, helmet cameras, traffic cameras, and doorbell cameras can provide helpful information about the driver’s movements, the cyclist’s positions, and whether — and by whom — the collision could have been avoided.
• Photographs: Images of the area, road markings, traffic signals, parked vehicles, and other visual obstacles can help establish what each party could see at the time of the accident. 
• Physical evidence: Damage to the vehicle, the bike, and the cyclist’s helmet and other safety gear can provide clues about the point, angle, and speed of impact. 
• Witness statements: Independent witness statements about what happened before, during, and after the accident can help clarify who may have been at fault. 
• Police reports: Police reports can officially document witness statements, road conditions, and the responding officer’s observations, but they are not necessarily the final word in establishing liability. 

No single piece of evidence is dispositive; however, each can help to assemble a reliable narrative of events. For more information about obtaining and using evidence effectively in personal injury cases, please contact a Tifton accident attorney. 

Work With a Tifton Accident Attorney to Seek Recovery After a Bicycle Accident

If you’ve been injured in a collision with a vehicle, your damages likely are substantial. The best way to recover the maximum damages you are entitled to is to work with an attorney experienced in pursuing claims against motorists on behalf of injured cyclists. To get started, please contact a Tifton accident attorney at the Hudson Injury Firm by calling 229-396-5848 or using our online form.