Who is liable when a car turns right across my bike at an intersection?
A “right hook” crash, where a motor vehicle turns right across a cyclist continuing straight, usually points to the turning driver in Georgia. The driver crossing the bicycle’s path bears the duty to make the turn safely and to yield when a rider is alongside or just ahead on the right.
Why the turning driver usually answers for the crash ¶
A bicycle on a Georgia roadway has the rights and duties of a vehicle, so a cyclist proceeding straight is traffic that a turning driver must account for. A motorist who overtakes a rider and then cuts right into that rider’s line of travel, or who turns right from a position to the bicycle’s left without yielding, has failed to turn with reasonable care. That failure typically establishes the driver’s negligence, because the burden of completing a turn without endangering nearby traffic rests with the person turning.
The cyclist’s lawful road position supports the claim. Under O.C.G.A. § 40-6-294, a rider stays as near the right as practicable, exactly where a right-turning driver should expect to find a bicycle. A driver who treats that space as empty misjudges a hazard the law tells them to anticipate.
When the cyclist’s choices affect the split ¶
In a right-hook dispute O.C.G.A. § 51-12-33 lets the jury pin a percentage of fault on the rider, knocking the recovery down by that figure and barring it once the rider hits half. A defense may argue the rider tried to slip past a turning vehicle on the right, charged into the intersection, or rode without lights at night, leaving the bicycle hard to see. Whether those points reduce the rider’s recovery depends on the timing, the visibility, and who could reasonably see whom.
Evidence that often clarifies a right-hook dispute includes:
- The relative positions of the car and bike before the turn.
- Whether the driver signaled the turn.
- Any video from cameras, doorbells, or a cyclist’s recording device.
- The point of impact on the vehicle and bicycle.
The bottom line ¶
In a right-hook collision the turning driver is usually liable in Georgia because the duty to turn safely and yield to nearby traffic falls on them, and a cyclist riding lawfully to the right is traffic they must see. The rider’s speed, lane choice, and visibility can still shift the percentages under Georgia’s apportionment rules.
This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.