Bicycle Accident Claims in Georgia

Traffic laws that apply to vehicles generally also apply to bicycles, except where the statute says otherwise; a cyclist may ride on a paved shoulder but is not required to. A driver approaching a bicycle must, if possible, move to a lane not next to the bicycle; if not, the driver must slow to a reasonable speed (at least 10 mph below the limit or 25 mph, whichever is greater) and pass with at least three feet between the vehicle and the bicycle at all times; a violation is a misdemeanor with a fine up to $250. Riders and passengers under 16 must wear a helmet on highways, bike paths, bike lanes and public sidewalks, but violating the helmet rule is not negligence per se or contributory negligence and cannot be considered evidence of negligence or liability.

Modified comparative fault (50% bar). An injured person's damages are reduced by his or her percentage of fault, but a person who is 50% or more responsible for the injury recovers nothing. Fault is apportioned among all responsible persons, including non-parties in some cases, and each defendant generally pays only its own share.

Vehicle owners must carry liability insurance of at least $25,000 for injury or death of one person, $50,000 for injury or death of two or more people in one accident, and $25,000 for property damage (25/50/25).

A lawsuit for injuries to the person must be filed within two years after the right of action accrues. Injuries to reputation have one year, and loss-of-consortium claims have four years.