Bicycle Accident Lawyers in Marietta

The two-year deadline to bring a Georgia bicycle claim

Georgia gives an injured cyclist two years from the date of the collision to file a lawsuit under O.C.G.A. § 9-3-33. A bicycle case is often won or lost long before then, because the physical evidence is fragile. Paint transfer on the vehicle, the position of the bike, and marks on the road are cleared quickly, and drivers who struck a cyclist tend to minimize what happened. We investigate immediately to lock down the proof while it still exists.

Georgia's three-foot passing law

Georgia law requires a driver to give a cyclist at least three feet of clearance when passing, under O.C.G.A. § 40-6-56. The law was strengthened in 2021, so that when three feet is not possible, the driver must change lanes or slow to ten miles per hour below the speed limit to pass safely. Many crashes happen exactly where this law applies, when a driver passes too closely on a narrow road near a trailhead, turns right across a rider's path, or opens a door into the bike's line of travel. We investigate whether the driver gave the space the law requires to establish liability.

Georgia's fifty percent rule and the blame drivers shift to cyclists

Under O.C.G.A. § 51-12-33, a cyclist who is fifty percent or more at fault recovers nothing, and below that line the recovery is reduced by the rider's share. Drivers almost always claim the cyclist swerved, ran a light, or came out of nowhere, trying to push the rider over that line. We use the physical evidence and any available video to show the driver was the one who failed to share the road safely. The most seriously injured cyclists are treated at Wellstar Kennestone Hospital, one of only three Level I trauma centers in metro Atlanta.

Georgia's bicycle helmet law

In Georgia, only cyclists under sixteen are required by law to wear a helmet. An adult rider is not, and a driver's insurer cannot use an adult's choice not to wear one to defeat the claim. If an adjuster tries to blame your injuries on the absence of a helmet, we keep the focus on the driver who caused the crash.

Serving injured cyclists across Cobb County

Our team represents injured cyclists throughout Marietta and the surrounding region, handling claims in Cobb, Cherokee, Paulding, Bartow, and Fulton counties. We serve riders hurt in Marietta, Smyrna, Kennesaw, Acworth, Powder Springs, Austell, Roswell, and Sandy Springs.

Reports, treatment, and filing your case

A bicycle crash inside the city is investigated by the Marietta Police Department, which prepares the official report, and one in the unincorporated county by the Cobb County Police Department. We help you obtain your report and your records from Wellstar Kennestone Hospital, and when a fair settlement cannot be reached, we file your lawsuit in Cobb County State Court, with high-value claims heard in Cobb County Superior Court.

Contact a Marietta bicycle accident attorney

If a careless driver left you injured on your bike, you deserve dedicated legal help. Call (844) 876-4357 for a free, confidential case review. We work on a contingency fee basis, so you pay no attorney fee unless we recover compensation for you.

Speak with a Marietta bicycle accident attorney

Common questions

A driver passed too close and clipped me near a Silver Comet trailhead. Is that against the law in Georgia?

Yes. Georgia's three-foot law requires drivers to give cyclists a safe passing distance, and to change lanes or slow down when that space is not available. A driver who fails to do so and strikes a rider has breached that duty, and we use the point of contact, the damage, and any witnesses or video to prove it.

I was hit by a car door opening as I rode past parked cars. Who is responsible?

The person who opened the door into your path is generally responsible, because they have a duty to check for traffic, including cyclists, before opening a door. We identify the vehicle and the person who opened the door and pursue the claim against them.

Can I recover for damage to my bike and gear along with my injuries?

Yes. The full replacement cost of your bicycle, along with a damaged helmet, cycling computer, and other gear destroyed in the crash, is part of your claim alongside your medical care and other losses.