On their regular Tuesday evening bike ride throughout Kalamazoo, Michigan, nine bicyclists were suddenly struck from behind by a pickup truck while biking up a well known hill. Before striking the cyclists, police were already on alert and searching for the truck due to three reports received in the half hour prior to the accident about the driver’s bizarre behavior behind the wheel. So far, it has been reported that five of the cyclists passed away at the scene and the other four were transported to local hospitals where their conditions range from fair to critical. After striking all nine bicyclists, the truck became disabled and the driver of the pickup truck fled from the scene, but was later apprehended by police. It has not yet been confirmed whether the driver of the pickup truck was drunk, but alcohol is suspected to be involved.
According to the Pedestrian and Bicycle Information Center, in 2012, over 726 people were killed in accidents between bicycle and motor vehicles across the United States. There are various causes to these accidents, with the most common being: motorist turning in the path of the cyclist, cyclists riding in the vehicle’s path, cyclist turning right from a road, and children riding bikes too fast or not being aware. The need for helmets and protective gear when riding, especially during dawn and dusk hours is of the utmost importance to not only protect the body, but to warn drivers who are not always able to see cyclists. About 30 percent of bicycle injuries seen in the emergency room are due to collisions with vehicles. Additionally, cyclists should ride with the flow of traffic as opposed to riding opposite it. All too often drivers panic after an accident with a bicyclist and try to flee the scene, as the driver in Michigan did; however, leaving the scene of a crime has very serious consequences and should never be considered an option. Many drivers fail to realize that they must yield to a bicyclist in the bike lane, as set out by majority of state laws.
Georgia Law on Hit and Run Accidents and Leaving the Scene
In Georgia, it is state law that any driver involved in an accident that injures or kills a person must immediately stop their vehicle at the scene of the accident. The injuring driver is to provide, where reasonable, their information such as name, address, vehicle registration, and possibly driver’s license to the injured party so that fault may be established and insurance may adequately cover the appropriate parties. The injuring driver must also aid the injured person by giving reasonable assistance as necessary, including ensuring emergency medical services are secured and will stay with the injured party until necessary. While these seem like basic concepts that the majority of drivers would feel they are obligated to do in the event of an accident, it is also the law.
What Are the Consequences of Leaving the Scene of an Accident?
Punishment for leaving the scene of a hit and run accident will vary depending on the seriousness of the accident. Thus, remaining calm, taking responsibility and administering help is always in your best interest. Georgia law separates a felony from a misdemeanor for fleeing the scene based on the classification of the injury. If the injury is considered serious, it would be one that would satisfy the definition of causing bodily harm to another by depriving him or her of a member of his or her body, rendering the body useless, causing serious disfigurement or brain damage that results in the body or function becoming useless.
Punishment break down:
- If the driver knowingly fails to stop after an accident that was the proximate cause of serious injury or death of an individual, they will be guilty of a felony, which is punishable by between one to five years in prison.
- If the driver knowingly fails to stop but the accident did not result in serious injury, the driver is guilty of a misdemeanor and will be fined between $300 and $1,000; fine not subject to subject to suspension, probation or imprisonment.
- If convicted for the second time within five years for non-serious injury, the driver will be fined between $600 and $1,000; fine not subject to subject to suspension, probation or imprisonment.
- If convicted for a third time within a five year period for non-serious injury, the driver will be fined $1,000; fine not subject to subject to suspension, probation or imprisonment. Pleading no contest will be seen as a conviction in this scenario.
Cycling Facts to Know
The Georgia Office of Highway Safety states that:
- Bicycles are legally considered to be vehicles in Georgia, and thus are not permitted to be operated on sidewalks;
- Drivers are to maintain a safe distance from bicyclists, defined as not less than three feet;
- All bicyclists are to ride as close to the right side of the road as possible to avoid hazard (with exception), and must exercise reasonable care and due consideration;
- Bicyclists may only ride two cyclists side by side, unless in a bike lane or on a path, or with special permit;
- If riding at night, the bike must have a front light emitting visible white light 300+ feet ahead and a back light emitting visible red light 300+ feet from the rear; and
- Penalties for failing to adhere to these rules can result in a misdemeanor.
Bike lanes and bike paths differ in their use. Bike lanes are marked on the road and are intended to be for the operation of bicycles, while bicycle pathways are a separate part of the road that must be used by bicyclists if the path is exclusive to bikes and not pedestrians.
Call the Wade Law Offices Today
Leaving the scene of a crime is an actionable offense and should never be tolerated. If you or someone you know was involved in a hit and run accident, whether on a bicycle, motorcycle, or in an automobile, do not hesitate to contact our office today and let us fight to get you what you deserve. The Wade Law Offices represents clients in Atlanta and surrounding areas, and initial case consultations are always free. Contact our skilled Fayetteville, GA auto accident injury lawyers today.
