Bicyclist Killed in Collision With Car on Bells Ferry Road in Cobb County Georgia


February 07, 2013

A Woodstock bicyclist was fatally struck by an automobile while riding along Bells Ferry Road in Cobb County, Georgia late Wednesday afternoon on February 6, 2013.

Police investigators believe that the bicyclist lost control and turned in to traffic.  The investigators said Mr. Timothy Austin was riding his bicycle southbound on the roadway's sidewalk when Mr. Austin lost control and turned in to the roadway. At this time, Mr. Austin was fatally struck by Ms. Amanda Neill of Lilburn. Ms. Amanda Neill sustained no injuries and indications at this time are that police investigators are not likely to file criminal charges against the driver.

The accident is still under investigation by local police.  Any witness to the accident or anyone with information regarding this accident is asked to call (770) 499-3987.

In some accidents, bicyclists may only be partially at-fault. In other cases, the bicyclist is not at-fault at all and the police accident report assigns all fault to the bicycle rider. Bicycle accident injury claims can be complicated because the cyclist often will be rendered unconscious and not be in a position to report what happened at the scene. The statement of the bicyclist may not occur until later at the hospital. Because the police take the statement of the driver before the cyclist, this can lead to bias in the police report that favors the motor vehicle driver, which may impact the nature of the investigation that occurs by law enforcement at the scene. An investigation by our law firm may include analyzing the facts regarding fault and causation beyond the conclusions in the law enforcement report.

Georgia is a comparative negligence state, so as long as the cyclist is less than 50% responsible for the accident, the cyclist will not be barred from recovery. However, the bike rider will have any recovery reduced based on the rider's percentage of fault.

Our experienced Georiga bicycle accident attorneys explore the viability of a personal injury claim against the driver of the vehicle, owner of the vehicle, manufacturer of a defective bike or motor vehicle or even when appropriate the entity charged with building and maintaining the roadways. A personal injury action may provide access to a much broader range of damages than a workers' compensation claim, such as damages for pain and suffering, impact on quality of life, loss of consortium, punitive damages and more.

If you or a loved one has been injured in an auto accident or bicycle related accident, call the compassionate and experienced Georgia traffic accident attorneys at Montlick & Associates for your free initial consultation.

No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Category: Auto Accidents

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.