An Athens bicyclist was seriously injured when a pickup truck passed too closely, and its mirror struck him. The impact threw him from his bicycle, causing a broken collarbone and other injuries. Although police initially found the bicyclist at fault, our investigation proved otherwise, and our Athens bicycle accident lawyers secured a $50,000 settlement with State Farm, representing the full policy limits of the at-fault driver’s insurance coverage.
Case Result Summary
Location: Macon Highway near South Lumpkin Street — Athens, Georgia
Type of Case: Bicycle Accident
Injuries: Broken collarbone
Issue: Police initially cited bicyclist; investigation disproved citation
Result: $50,000 settlement (policy limits)
How the Bicycle Crash Happened
The collision happened early in the morning as our client was riding to work along Macon Highway and approaching its intersection with South Lumpkin Street. A pickup truck approached from behind and as the truck drove by, its side mirror struck the bicyclist, knocking him off his bike and onto the pavement. He was transported for medical treatment to Piedmont Athens Regional Medical Center, where emergency room doctors diagnosed him with a fractured collarbone, along with other injuries caused by the impact.
Georgia’s Three-Foot Passing Law (O.C.G.A. § 40-6-56)
Georgia law requires motorists to leave adequate space when passing bicyclists on the roadway. Under O.C.G.A. § 40-6-56, a driver overtaking and passing a bicycle traveling in the same direction must slow down and leave at least three feet of clearance between the vehicle and the bicyclist. This is called the “three foot rule.”
The purpose of this law is to protect cyclists from being struck by mirrors, doors, or other parts of passing vehicles. Even slight contact at roadway speeds can cause a rider to lose balance and suffer serious injuries.
When a driver violates the three-foot rule and causes a collision, that violation may be used as evidence of negligence in a bicycle injury claim.
Police Initially Cited the Bicyclist — Our Investigation Proved Otherwise
Police responding to the scene cited the bicyclist for allegedly not having required reflectors on his bicycle. Photographs we took of the bike after the crash, however, clearly showed the legally required reflectors were present, proving that the citation was inaccurate.
By documenting the bicycle, reviewing the physical evidence, and applying Georgia traffic law, we were able to show that the bicyclist was riding legally and that the truck driver’s failure to leave three feet of space caused the collision.
Frequently Asked Questions
The police said I was at fault — do I still have a case?
Yes. A police officer’s initial fault determination is not final and does not control whether you can recover compensation. However, you must have evidence to be able to prove the other driver was at fault, such as witness testimony, dashcam or surveillance video or other physical evidence.
Can an incorrect police report be challenged in a personal injury claim?
Yes. An attorney can investigate the crash independently and present evidence showing what actually occurred. In this case, photographs of the bicycle showed the legally required reflectors were present, helping establish that the driver — not the bicyclist — caused the collision.
Does uninsured / underinsured motorist coverage apply to a bicycle accident?
Yes. The UM coverage on your car applies to a bicycle accident even though you were not in the car at the time of the crash. However, you must give your insurance company notice of a UM claim or you may lose your right to do so. UM coverage can be critical when the at-fault driver has limited insurance
Injured in a Bicycle Accident in Athens, Georgia?
If you were hurt because a driver passed too closely, failed to follow Georgia traffic laws, or otherwise caused a bicycle crash, you may be entitled to compensation.
Ruppersburg Injury & Accident Attorneys handles bicycle accident cases throughout Athens-Clarke County and Georgia. Contact us at 706.354.1000 for a free consultation. There is no fee unless we win your case.