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DeKalb County has some of the most heavily used cycling routes in metro Atlanta, and very little of the infrastructure that would make them safe. Riders share Lawrenceville Highway and Mountain Industrial Boulevard with commuter traffic, delivery vans, and tractor-trailers, often with no protected lane and no shoulder. When a driver passes too close or turns across a cyclist’s path, the cyclist absorbs the entire impact.
Our office is on Hugh Howell Road in Tucker. We represent injured cyclists throughout Tucker, Stone Mountain, Clarkston, Decatur, Lithonia, and DeKalb County.
Most bicycle collisions are not rear-end crashes. They are the result of a driver failing to see or account for a cyclist in a specific, predictable way:
Each of these maneuvers violates a specific duty the driver owes to other roadway users. Georgia law treats bicyclists as vehicles with the same rights and responsibilities as motor vehicles, and a driver who fails to yield, fails to keep a proper lookout, or passes unsafely is negligent.
“I did not see them” is the most common defense in a bicycle case, and it is also the most useful admission. We build the record around conspicuity and sight lines:
Without a frame, airbags, or seat belts, cyclists suffer a distinctive injury pattern: traumatic brain injury, facial and dental trauma, cervical and spinal injury, clavicle and wrist fractures, road rash requiring debridement, internal injuries, and death. Georgia’s helmet law applies to riders under sixteen, and helmet use does not bar recovery for a driver’s negligence.
Georgia generally allows two years to file under O.C.G.A. § 9-3-33, and modified comparative fault under O.C.G.A. § 51-12-33 reduces recovery by the plaintiff’s share of fault while barring it at fifty percent or more. Insurers routinely argue that a cyclist who was riding in the roadway, or who was not in a marked lane, shares fault. We address that argument with the roadway evidence.
Read more about our Georgia bicycle accident practice, our traumatic brain injury attorneys, our Tucker car accident lawyers, and our Tucker personal injury practice.
Do I have a claim if I was riding in the roadway rather than a bike lane? Yes. Georgia law permits cyclists to ride on the roadway, and the absence of a bike lane does not make the cyclist at fault. We document the roadway conditions to show what options the rider actually had.
The driver had no insurance. What now? We pursue uninsured and underinsured motorist coverage on your own auto policy, which typically covers you as a pedestrian or cyclist. We review every policy in the household to identify available coverage.
My injuries seemed minor at the scene but got worse. Is it too late? No. Symptoms from brain injury and soft tissue trauma often emerge days later. Seek care promptly, follow the treatment plan, and let us handle the documentation.
Lamar Law Office, LLC — Atlanta LegalCare. 4500 Hugh Howell Road, Suite 140, Tucker, GA 30084. Call 1-877-227-3404 for a free consultation. More than legal service. We care.
Our Tucker office at 4500 Hugh Howell Road handles these claims throughout DeKalb County and metro Atlanta. Each guide covers how the claim works under Georgia law, what the local evidence looks like, and what our attorneys do first.