July 4, 2011

New Georgia Law Will Prevent Car on Bicylcle Accidents

On Friday, Georgia's new bicycle safety law, which requires cars to give three feet of space when passing bikes, went into effect. With this new law hopefully driver's awareness and respect for bike riders will increase, leading to fewer crashes. HB 101 was announced across the state by a number of bike rider support groups and the local news stations are doing a great job in getting out the word. When I used to commute down Peachtree Street in the late 90s, I was hit by more than a few side view mirrors and this law would have been a blessing.

Car on bike crashes are particularly dangerous and the Georgia Department of Community Health reports that there were 795 crashes across the state in 2007, including 11 that lead to deaths.

Let us just hope that the cops are diligent in writing tickets in the early going so that the concept takes root.

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April 9, 2011

Is the City of Atlanta Liable if You Crash Your Bike Because of Faulty Sewer Grates?

Atlanta Bicycle Accident Legal Issues

You are riding your bike down the street when suddenly your wheel goes into the slats of a sewer grate that is aligned parallel to the flow of traffic, you fly over your handlebars and crash face first in the street. Atlanta Bike Accident Lawyers.JPG This is every rider's nightmare as they ride through the streets of Atlanta and it was the phone call the our Atlanta injury law firm got last week after the victim got out of facial surgery.

The question is, given the sovereign immunity that the City of Atlanta enjoys, is there anyway to hold the City responsible for not aligning the grate perpendicular to the wheels? The answer is fortunately, "yes."

Under OCGA 36-60-5, every time the City installs a new grate on the streets, it is supposed to be oriented perpendicular to traffic for bike safety. Furthermore, sovereign immunity is not a bar because

"[a] municipality is bound to use ordinary care to keep its public streets and sidewalks... in a safe condition for travel...and in case of failure to exercise such care, the city is liable for damages resulting therefrom." City Council of Augusta v. Tharpe, 113 Ga. 152 (1901)

This issue has not only been litigated in the past, but our appellate courts have actually issued some beneficial rulings on the subject and the City cannot have the case thrown out of court on summary judgment. Please find the most relevant case ruling below:

Continue reading "Is the City of Atlanta Liable if You Crash Your Bike Because of Faulty Sewer Grates?" »

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August 17, 2008

Atlanta Bicycle Riders Getting Hit by Cars at an Increased Rate

The number of bike riders in Buckhead and the Metro Atlanta area is increasing and so is the number of riders being hit by cars. As I was mulling over whether to ride my 10 year old Mongoose Trail Bike to work to help the environment, I ran across this Atlanta Journal Constitution article by Thomas Stinson entitled "Rookie and rusty cyclists hit streets ... and hospitals" published in late July. Mr. Stinson profiles a local rider that ended up with both elbows being fractured for his efforts at reducing his carbon signature.

All joking aside, bike riders have long know that Atlanta traffic is notoriously unfriendly to riders. There are very few dedicated lanes and none on the major thoroughfares. When I was a younger Atlanta injury lawyer, I used to ride from Midtown Atlanta down to the Public Defenders office on Peachtree Street downtown and remember getting nailed by several errant motorists. The only long term cure to the problem is oddly, more cyclists. The more common the practice is, the better motorists will be at avoiding collisions with them.

As you might imagine, injuries are way up due to the flood of riders. The best thing you can do as a rider is to wear your helmet, ride in the daylight and make sure that your Georgia uninsured motorist insurance is on par with your liability coverage. If you are hit by a car while riding your bike in Atlanta, Marietta or Sandy Springs and you suffer from an injury, be sure you work with an Atlanta injury attorney that has handled bicycling cases before as their are nuances to them that a generic lawyer will not appreciate.

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