Its that time of the year again when more and more people are riding bicycles for health reasons and also due to ecological and economical reasons. Regardless of the reasons bicycles must share the road with cars and trucks.

There are 2 views about bicyclist usage of the roadway.  There are those who understand that the bicyclist has the right to be on the roadway, and there are others who resent the bicyclist and think they are in the way and slowing them down.  There are also different opinions between those using a bicycle for necessary transportation and those using the bicycle with a group of people for exercise.

Unfortunately, when a bicyclist is hit by a car, there are usually significant injuries involved, if not fatalities.  There was an article in the Atlanta Journal Constitution back in Oct. 2010 about a crash involving an SUV and a group of cyclists near Augusta.  This crash led to the opinions of people who use the road for exercise and others who use their bikes as a means of transportation.  Some people liken those who ride their bicycles for exercise to a “motorcycle gang.”

In the above accident, Daniel Johnson, 41, was driving his SUV when he ran into a group of recreational cyclists.  This accident injured 5 of the bicyclist, and sent one of them to the hospital with a brain injury, (Dr. Matthew Burke).  Dr. Burke, the cyclist with the most severe injury had survived a tour of duty in Iraq in 2009 and was an orthopedic surgeon.  He was tossed 40 feet ahead after being struck by the SUV, Dr. Burke was pronounced dead on February 6, 2011, after 128 days in a coma under life support.  Mr. Scott Moore was among the injured cyclists in this incident, and he stated that the group was riding 2 abreast at the roads edge, on a straight section of the two lane road when the accident occurred.  The driver of the vehicle pled guilty to felony manslaughter on October 12, 2011.

Due to the many accidents between motor vehicles and bicycles, on May 11, 2011, Governor Deal signed the 3-foot safe passing bill into law, also known as HB101, “The Better Bicycling Bill.”

HB101 makes lawful the sale and use of clipless pedals and recumbent-style bicycles, which are technically illegal under the old code.  Other changes include recognition of bicycles right-of-way in dedicated bike lanes, establishing minimum design guidelines for bicycle lanes and clarifying circumstances under which a cyclist may take the full travel lane due to unsafe conditions or obstructions.

Most significantly, however, a Senate amendment of the bill defines three feet as the minimum safe passing distance for motor vehicles overtaking cyclists.  With the adoption of this law, Georgia joins a growing number of states with safe passing distance laws.  Motor vehicles passing a cyclist too closely, known as “buzzing,” are a serious factor in causing bicycle crashes.

Bicycle accidents usually happen when a vehicle fails to yield the right of way to a bicyclist at an intersection, or sideswiping the bicyclist.  Often vehicles with turn directly in front of cyclist while pulling into or out of private driveways or parking lots. Sometimes these accidents are caused because the driver of the vehicle is looking for another vehicle and not a bicycle, pedestrian or even a motorcycle- so they don’t “see” them.  There are also the “usual” reasons for automobile accidents, such as the driver running a red light or stop sign, or driving while under the influence of alcohol or drugs, as well as inattention.

Many bicycle accidents are solo accidents involving a defect or some other hazard on the road or trail, or a defect in the manufacture of the bicycle, itself.  Because legal and accident forensics issues can be complex if you are involved in a bicycle accident and suffered more than very minor injuries, you should contact a competent attorney.

If you are injured in an accident between a bicycle and a motor vehicle, you should always wait for the police to respond to the scene, they can begin the preliminary investigation of the accident scene, which will help if a reconstructionist is needed at a later time.  You also need to obtain all contact information about the other driver and their insurance information, as well as the contact information for all witnesses.  Always seek medical attention to document your personal injuries.

Do you know the rules of the road?  Do you know what your case is worth?  Please contact the Angell Law Firm at (770) 217-4954 before making any statements or making any decisions.  We will be happy to assist you with a FREE consultation

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As an accident attorney here in Atlanta who deals with medical liens on a regular basis, there are some important points you need to know if you have outstanding medical liens.  First, if you have been injured in auto accident and do not have health insurance  there are health care providers that will treat you on what is called a medical lien.  This means the medical provider will have a lien against your settlement and will be legally entitled to proceeds from your settlement.  This is obviously a fair arrangement as the health care provider treated you without upfront payment for their services.

In such cases your personal injury attorney will pay your health care providers after your case has been settled.  Upon receipt of the settlement check from the responsible insurance company, your attorney will hold the funds in trust account.  At this stage of the settlement process your attorney can attempt to negotiate your medical bills for less than the original billed amount.  Not all health care providers will negotiate their bills but an experienced accident attorney will know how to proceed and which health care providers will play ball.

Often negotiating a medical bill can take weeks or even months to finalize.  Some attorneys as a favor to their clients will go ahead and issue a settlement check to the client even before all medial billing negotiations have been finalized.  This can be helpful to those injured victims where money is tight and bills need to be paid.

Since negotiating medical bills can take time, there is a danger that the medical provider will report the outstanding bill to the credit reporting agencies.  This is a danger to those of you who have been injured in an auto accident but are holding out on paying the medical providers timely.  You may ultimately end up with more money in your pocket once the bills have been finalized but you could also end up with a ding to your credit score.

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Every driver will experience some sort of anger or frustration at another driver at some point in his or her life. While most of the time nothing happens, in some rare cases road rage occurs and someone is seriously hurt. You should know that road rage is never worth it and you should abstain from reacting to any situation that could cause you or another person to be injured.

Remember to take deep breathes while driving. If another driver cuts you off or is driving extremely slowly, take a deep breath and relax. Tailgating is not going to get you to your destination any faster. Be the bigger person, relax, and move on. It isn’t worth getting into a car accident.

Also, you need to remember that most of the time, driver mistakes are not intentional. Chances are a driver that cut you off was not doing so just to irritate you. Most of the time drivers are so distracted that did not even realize they did something wrong or were rude.

Road rage is a serious cause of accidents and can cause serious injuries to people. Just remember, road rage is NEVER worth it. You would not want to put yourself in a bad situation somewhere else, so do not do so while in a vehicle. You can injury or even kill someone or yourself. Do not take the risk. Keep driving and move on.

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Today I received a phone call from a couple who was injured in an auto accident. They were extremely frustrated with the process of dealing with the insurance company. The husband requires an expensive surgery and his wife sustained serious injuries as well. Because they are unrepresented and dealing with the insurance company themselves, they are finding it extremely difficult to get the insurance company to agree to an amount anywhere near what is needed to cover their medical costs.

“Can a Personal Injury Attorney Get Me More Money For My Accident?”

Generally speaking, accident victims who are represented by a personal injury attorney are more likely to receive a fair settlement. In fact, in 1999 the insurance industry commissioned a study by the Insurance Research Council that found that injured persons averaged 3.5 times larger settlements than those that chose not to hire an attorney!

Don’t go it alone! If you have been injured, keep in mind that the insurance company does not have your best interests in mind. In fact, it is just the opposite. Insurance companies are interested in their bottom line and that means minimizing your settlement check. In contrast, an injury lawyer is concerned with making sure that you receive as much money as possible for your injuries.

If you have questions, feel free to call Atlanta Personal Injury Attorney Bryce Angell at 770-217-4954 for a free consultation about your legal rights.

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