http://bikelaw.com/state/georgia

Bike Law Georgia, 119 N McDonough Street, Decatur, GA (2026)

06/24/2026

Case Study 23 of 30

Cyclist v. Bad Infrastructure

This was a 5 year fight. But worth every effort.

Cyclist was riding his bike on the PATH trail to Stone Mountain. He rode across the crosswalk at East Trinity Place in City of Decatur. This was his first time riding this route and he didn't know that after the crosswalk the trail makes a hard unmarked left turn. His focus was on crossing the street safely and unfortunately there wasn't any type of signage and the the stenciled lane markers were not visible to users in the crosswalk.

The design approved and implemented by City of Decatur was seriously flawed and it created a mirage. Unsuspecting users could easily wrongly assess that the trail continued straight instead of making a left turn. Adding to his hazard, if one continued straight, one would encounter a set of stairs and a deceptively broken guardrail. This is exactly what happened to the cyclist - he crashed down the steps and onto the sidewalk.

The cyclist suffered a TBI, a neck fracture and blunt cerebrovascular injuries. He was admitted to the ICU At Grady Hospital for 5 days.

After a field inspection with a forensic transportation engineer who has a particular expertise in bike crashes we decided to take on this fight.

We filed a lawsuit against City of Decatur and 4 additional entities including the project manager/engineer responsible for the 2017 upgrade to that intersection and the 2 contractors who provided the design and the construction services.

This case required protracted litigation, processing hundreds of thousands of pages of evidence, multiple depositions, and surviving Motions to Dismiss the case. We are going to highlight just a few aspects of this case in this post.

⚠️ We proved that the Defendants violated the standard of care and AASHTO for:
1. designing shared-use pathways by having the staircase in its specific location,
2. failing to have the minimum required stopping sight distance for an eastbound cyclist to the staircase.

⚠️ We proved that the Defendants violated the standard of care and the MUTCD by not using warning signs to alert cyclists of the staircase ahead or of the need to turn left to avoid the staircase.

But it gets worse...

❗We also discovered that several people including Ed McBrayer from the PATH Foundation had emailed City of Decatur notifying them of dangers this design posed and the concerns he had received from users. Unfortunately, COD did nothing about these notifications.

❗We discovered that COD had spent some of the money allocated to the redesign of that intersection somewhere else so decided to drastically change the original design.

❗The one tiny sign that could've informed users of a danger ahead was in severe disrepair and partially covered with overgrown grass.

Two of the Defendants filed Motions to Dismiss asking Judge Kimberly A. Alexander from DeKalb County State Court to shut this case down. Their arguments were that they couldn't be held liable under the Recreational Act and the doctrine of Sovereign Immunity. Our team overcame both motions and was able to continue litigating the case.

--------------------------------------------------------------------

We ultimately secured significant settlements with the City of Decatur, the design and construction companies and another entity protected by confidentiality requirements.

❓But what about other cyclists and users of this intersection? The bad design is still there. In our lawsuit we included a request pursuant to O.C.G.A.§ 42-1-1 that the Court order the Defendants to repair and abate the hazardous condition existing at that intersection.

Shortly after the lawsuit was filed, 2 loose orange cones appeared on the top of the steps. During the years we litigated this case two permanent orange bollards were installed on the steps. Is this enough to keep cyclists and pedestrians safe?? In our opinion more can easily be done.

We would like to share our appreciation for our expert, Daren E. Marceau. In addition to his professional expertise in traffic engineering, crash investigation and reconstruction he is also a cyclist and a cycling coach. He has been instrumental in several of our cases.

Pro-tip ➡️: Work with lawyers and experts who are cyclists themselves.

⚖️ The Legal Team
Bruce Hagen and Kendrick K. McWilliams - Trial Lawyers for cyclists
Dan Pruitt - Litigation Paralegal
J. Williams - Case Manager
Amie Risley - Negotiations Paralegal

06/22/2026

Case Study 22 of 30

Cyclist v. Cyclist Who Took Accountability

S**t happens. It's how you handle it that matters.

A cyclist was coming off the Lucille Trail onto the Silver Comet Trail when she collided with another cyclist who was visiting from CO. Both cyclists were thrown off their bikes and the visiting cyclist broke her collarbone.

The cyclist entering the Silver Comet should've looked both ways to make sure it was safe for her and other trail users.

When the responding police officer interviewed her she didn't try to deflect, or blame the other cyclist. She recognized her mistake and according to witnesses offered an apology to the cyclist.

Our team contacted the cyclist asking her to provide her home owners insurance information. She did so without hesitation.
Her home owners policy also included Medical Payments, an additional liability layer that could also cover the injured cyclist's medical bills.

We reached a very good settlement with the cyclist's homeowners insurance company within 6 months of the crash. The settlement included her medical bills, repairs to the bike and replacement of damaged items + the extra Medical Payments coverage.

Pro-tip➡️: A homeowner's insurance policy can provide liability coverage if you find yourself in a situation like the one above.

The Legal Team
Kendrick K. McWilliams - Lawyer for 🚴
J. Williams - Case Manager
Amie Risley - Negotiations Paralegal

06/22/2026

Case Study 21 of 30

Cyclist v. An Angry Person

A group ride led by Southern Crescent Cycling Club was riding on Jordan Hill Rd in Henry County on a route they had done many times before.

This day was different though. A resident on that street began yelling profanities at the group as they passed his house. The group chose to continue riding onto Rocky Creek Rd. They chose not to interact with this person since just a few weeks prior he had stopped his truck on the road attempting to impede the cyclists from riding on this road. He also told that the next time he saw them he would run them over.

This person, David Harper, decided to grab the keys to his truck, get in the truck and chase after the cyclists. He maneuvered his truck in an attempt to force the cyclists off the roadway and struck one of the cyclists. He continued shouting profanities at the group, threatening to kill them, before turning around and going back home.

He was arrested and charged with Aggravated Assault, Criminal Damage to Property, Terroristic Threats, Aggressive Driving, and Hit & Run.

Assistant DA Amanda Duncan from the Henry County District Attorney's Office lead the prosecution against David Harper. We appreciate her determination and commitment to this case.

David Harper entered a negotiated guilty plea, and received a felony sentence in November 2024. He was sentenced to 5 years probation, a restitution order to the cyclist, anger management classes, and a fine to be sent to an organization of the cyclist's choice (the recipient was Go Georgia).

We would have liked to see a harsher sentence but we also recognize that, in so many other cases we have been involved in there hasn't been a sentence at all. Every sentence sets a precedent and brings us an inch closer to a future where aggressive drivers are held accountable to the fullest extent of the law.

*******
Our team assisted the cyclist with her personal injury and property damage claim. We obtained settlements from the driver's auto policy and from the cyclist's UM coverage.

The Legal Team
Kendrick K. McWilliams - Trial Lawyer for Cyclists
Kimberly Hart - Case Manager
Amie Risley - Negotiations Paralegal

06/21/2026

Case Study 20 of 30

Cyclist v. Aggressive Driver

⚠️There is nothing more dangerous than a driver who intentionally sets out to hurt a person riding a bike.

A cyclist was riding his bicycle on Jackson Street in Newnan, when a driver buzzed him, nearly hitting him. The cyclist caught up with the driver at the next red light where both men exchanged words. The light turned green, and the driver took off, with the cyclist riding behind him in the right lane.

A few minutes later, the cyclist saw the driver stop near Temple Ave, where it appeared that the driver was going to turn right, although he did not activate his turn signal. The cyclist went left and passed the driver on the center white line.

The driver CHOSE to accelerate, and hit the cyclist throwing him in to the left lane of traffic. This was confirmed by 3 independent witnesses including an off-duty law enforcement officer.

The driver then exited his vehicle and aggressively approached the cyclist and the witnesses. He chest-bumped one of the witnesses several times, asking the witness if he wanted to fight.

The driver was arrested on the spot and charged with Aggravated Assault, Simple Assault, and Reckless Driving.

We are grateful to Elizabeth Haynes, the lead prosecutor at Coweta Judicial Circuit Office of the District Attorney and the entire DA's office. They took this case seriously, went to trial and achieved an unprecedented sentence against the driver.

Judge Matthew Simmons stated that the driver had not shown any sign of remorse since the incident. The jurors found the driver guilty of Aggravated Assault and Simple Assault. In January 2025, the judge handed him a 20 year sentence, with 5 years to serve in prison, and the reminder of probation along with a 3 year drivers license suspension when his probation begins.

The cyclist was able to share a powerful statement at trial - "Examples need to be made of aggressive and careless drivers. The driver cannot be allowed to harm anyone in our local community ever again."

The State of Georgia obtained justice for the criminal acts committed against the cyclist. This is rare but it shouldn't be.

Our team helped the cyclist with his civil case and made sure every one of his medical bills, lost wages, and the damage to his bike was paid for.

⚖️The Legal Team
Kendrick K. McWilliams - Lawyer for Cyclists
J. Williams - Case Manager
Amie Risley - Negotiations Paralegal

06/19/2026

Case Study 19 of 30

Cyclist v. A One-Sided Story

The official version of the police report was based off the version of events given by one party - the driver. The cyclist was not able to give her statement because she was in the back of an ambulance being rushed to an ER. The crash was bad enough to crack her helmet and cause some gruesome injuries.

The police officer didn't follow up with her at the hospital or the next day to hear her side of the story. There wasn't a witness or video footage to corroborate the driver's story and the police officer just went with his word. So the official stated version of events is that the cyclist "disregarded the stop sign and collided with the vehicle."

This is what really happened 👇🏼
The cyclist came to a stop at the stop sign located at the intersection with Rock Springs Circle. She looked both ways and saw the vehicle in the distance at the top of the hill to her left. The posted speed limit on that road is 25 MPH and the distance between her and the vehicle, she had ample room to turn onto East Rock Springs Rd. She began her turn, but the driver came flying down the hill and struck her and her e-bike.

The insurance company denied the claim immediately stating "our insured is not liable for your damages"... blah blah blah. Their denial letter also stated "we invite your theory on the liability against our insured".

Challenge accepted.

Our team helped the cyclist give a compelling recorded statement to the insurance company since the adjuster only had a one-sided version. We also challenged the adjuster to come meet us at the scene of the bike crash. We provided a clear picture of what really happened in a demand letter along with the cyclist's $50k worth of medical bills.

👊🏼The insurance company reverted their decision and tendered their entire policy limits... of only $25k. This wasn't enough to cover the medical bills, but their decision to pay up unlocked the cyclist's Under-Insured Motorist coverage (UM/UIM) + Med Pay coverage from her auto policy. All 3 policies combined allowed her medical bills to get paid plus secured a settlement for her pain and suffering.

⚠️ UM/UIM coverage does not apply when you are deemed at fault. This is why it's so important to work with a bike lawyer, especially when you are blamed for the bike crash.

The Legal Team
Bruce Hagen and Kendrick McWilliams - Lawyers for People Who Ride Bikes
Tiffany Ferris - Medical Records Clerk
Mike Waits - Negotiations Paralegal

06/18/2026

Case Study 18 of 30

Cyclist vs. Side Mirror + Statute of Limitations

This driver told the police that she was focused on the traffic ahead of her on Peachtree Industrial Blvd in Buford. She was probably only on the lookout for one type of traffic. When she finally saw the cyclist ahead of her she attempted to pass him but ended up clipping him with the passenger side mirror of her vehicle. The driver was given a citation for failure to give safe passing when overtaking a cyclist (OCGA 40-6-56).

The cyclist was transported by ambulance to the nearest ER. He eventually needed cervical spine surgery and extensive PT to recover which brought us close to the statute of limitations in Georgia.

Our team filed a lawsuit in Fulton County on behalf of the cyclist to preserve his right to pursue a bodily injury claim after the 2 year mark from the date of the bike crash under O.C.G.A § 9-3-33.

The lawsuit was settled at a private mediation. Although it took some time and required a lawsuit to preserve the statute of limitations it allowed the cyclist to prioritize his health journey instead of a quick settlement that wouldn't have reflected the long term effect of his injuries.

➡️ Pro-tip for drivers: That side mirror may just cause a scratch when it clips another vehicle but when it clips a cyclist it can cause significant injuries.

The Legal Team
Kendrick K. McWilliams - Lawyer for Cyclists
Lory Gustave - Litigation Paralegal
Amie Risley - Negotiations Paralegal

06/18/2026

In observance of Juneteenth our office will be closed on June 19 and we will be out riding bikes with our friends.

Swipe for info on Freedom Day bike rides in Atlanta and around Georgia.

06/17/2026

Case Study 17 of 30

Cyclist v. Cable Wire

This cyclist was a law student who had returned home for Christmas break. He was riding his bike near his parents' home in College Park when he was knocked off his bike by a downed cable wire still attached to a utility pole. A gust of wind seized the wire, and hooked him and the bike.

The utility pole was owned by... (yea, confidentiality restrictions so we can't say the name but it's likely you use their communication services at your home). This company had a legal responsibility to properly maintain its telephone pole and wiring materials.

The cyclist suffered blunt force trauma to his forehead, severe lacerations on his left eyebrow that required stitches, and road rash on his hip. The eye lacerations left permanent scars.

The video you see below is all the evidence we had. No smoking gun as to which company owned the pole and no evidence of workers leaving the cable loose. We had a contact for a witness who did see the cyclist on the ground after the crash but didn't have to much offer about which company had been out working on that pole earlier in the week.

Our team decided to set up claims with every single communication company big or small conducting business in that area and though a process of elimination + just dogged persistence ended up with the exact right one. This took some time but it was well worth the effort.

Thankfully, this case did not require litigation and the cable company took responsibility allowing our team to get the case settled with a more than fair offer.

👊🏻The Legal Team
Matt Hagen - Bike Law GA lawyer for cyclists
J. Williams - Case Manager
Amie Risley - Negotiations Paralegal

06/16/2026

Case Study 16 of 30

Cyclist v. A Bad Police Report

A cyclist was riding along Hickory Grove Rd near its intersection with Baker Grove Rd in Acworth when an impatient driver attempted to pass him without leaving adequate (required by law) clearance. She failed to pass him safely and hit him causing significant injuries.

The investigating officer reported that the cyclist "left the main lane of travel therefore, giving up that lane and was no longer in command of that lane." He then gave him a traffic citation for failure to yield when entering a roadway and declared him at fault.

The cyclist reached out and asked us to take a look at the police report. It was so WRONG.

❌No Turn-Only Markings Anywhere
There are no arrows, no "RIGHT TURN ONLY" pavement markings, and no signage indicating that the right-side portion of the road is restricted to turning traffic. The suggestion that the cyclist “entered a turn lane” was simply not supported by the physical road design.

❌The “Turn Lane” Argument is a Mischaracterization
Cyclists often edge right to allow vehicles to pass — but that does not mean they surrender their right to safe clearance.

❌Cyclist Positioning Was Reasonable and Lawful
Nothing about this road suggests he was “turning” or improperly entering a separate lane.

❌The Driver Had Ample Space to Pass Correctly
The road is wide and visibility is clear. Instead, she overtook from behind and passed too closely. This is exactly the kind of crash Georgia’s safe passing statute O.C.G.A. § 40-6-56 is designed to prevent.

❌ The Officer Got it Wrong
The officer treated the cyclist as though he were a motor vehicle improperly entering a turn lane — but the road is not a marked turn-only lane, and cyclists routinely ride along the right edge of travel lanes for safety.

✅ What happened instead is that the driver was either not paying attention + not driving with proper caution, and ran down the cyclist while he was legally riding his bicycle.

The insurance carrier for the driver took a quick look at the police report and denied the claim from day 1. The adjuster went as far as to tell our team that he would "see us in court".

We put together a robust letter explaining in heavy detail why the police investigation was incorrect and how their insured was in clear violation of O.C.G.A. § 40-6-56. We also invested a lot of time on the phone educating the insurance adjuster about cycling behavior and road design.

"See you in court"? Ultimately, we never went to court. We didn't even have to file a lawsuit. This case settled just 5 weeks ago. 👊🏻

The Legal Team
Matt Hagen - Bike Law GA lawyer for cyclists
Tiffany Ferris - Case Manager
Colin Buck - Medical Records Clerk
Amie Risley - Negotiations Paralegal

06/15/2026

Case Study 15 of 30

Cyclist v. Box Truck

A cyclist was lawfully riding her bicycle on West Wesley Road in Atlanta. The driver of a Penske truck pulled out in front of her and then came to a full stop in the road in the path of the cyclist.

The cyclist attempted to stop, but was unable to do so. To avoid a full-on collision with the truck, she made a quick and defensive move to go to
the left of the truck.

The driver then started taking a left turn, forcing the cyclist onto the curb to avoid being struck, yet a second time. When she hit the curb, she went flying off her bicycle, sustaining severe injuries and totally wrecking her bicycle.

Had the driver been paying attention, the cyclist would’ve not been put in the position to have to choose between hitting the curb or hitting the truck.

The truck driver was conducting business for one of the big name delivery companies (we aren’t allowed to share their name). Our team attempted to conduct healthy negotiations with their insurance carrier. Although some offers were exchanged it just wasn’t enough to justify what the cyclist had been through.

We filed a lawsuit on behalf of the cyclist in Fulton County. Shortly after the cyclist was deposed and once the attorneys for the insurance carrier heard her testify about the crash in person, we were able to resume negotiations that allowed us to reach a good settlement.

➡️ Pro-tip: There doesn’t have to be direct contact between the vehicle and the cyclist for a cyclist to end up hurt and have the right to a personal injury claim.

⚖️ The Legal Team
Kendrick K McWilliams - Bike Law GA Lawyer for cyclists
J. Williams - Case Manager
D. Wong - Litigation Paralegal

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