Bicycling is a fun, eco-friendly way to travel and stay active, but accidents can happen, sometimes leading to serious injuries. Even at low speeds, a crash can result in broken bones, scrapes, or a concussion.
If you’ve been injured, an Augusta bicycle accident lawyer can help you seek fair compensation for your medical bills, lost wages, and more.
With over 350 years of combined experience, the Augusta personal injury lawyers of John Foy & Associates can guide you every step of the way. We offer risk-free consultations to review your case, calculate your claim’s value, and explore your legal options.
Do I Really Need a Lawyer for a Bicycle Accident Claim?
While you’re not legally required to hire a lawyer for a bicycle accident claim, having one can make a significant difference in the outcome of your case. Here’s why:
- Prove Fault: Determining liability in a bicycle accident can be complicated. A lawyer can gather evidence, such as surveillance footage, accident reports, and witness statements, to prove the other party’s negligence.
- Maximize Compensation: Insurance companies often offer low settlements. An attorney ensures you’re compensated for all damages, including medical expenses, lost wages, property damage, and pain and suffering.
- Handle Legal Complexities: Filing claims involves strict deadlines, legal paperwork, and knowledge of Georgia’s laws. A lawyer ensures everything is handled correctly.
- Protect Against Blame: Insurers may try to place partial blame on you to reduce their payout. A lawyer can protect you from unfair accusations and build a strong case.
- Focus on Recovery: Dealing with legal matters while recovering can be overwhelming. An attorney handles the legal side, so you can focus on healing.
Hiring an experienced Augusta bicycle accident lawyer gives you the best chance of securing fair compensation while reducing your stress during this challenging time.
What to Do After a Bicycle Accident: A Step-by-Step Guide
Being involved in a bicycle accident can be a traumatic experience, and knowing how to respond can significantly impact your recovery and any potential personal injury claim. Here’s a step-by-step guide for cyclists to follow after an accident, ensuring you take the necessary actions to protect your rights and well-being.
Check for Injuries and Seek Medical Attention
The first and most crucial step after a bicycle accident is to assess your condition. Check yourself for any severe injuries, and if you or anyone else is injured, call for medical assistance immediately. Prompt medical attention creates a record of your injuries, which is vital for any future claims process.
Document the Scene
Once you have ensured that everyone is safe and medical help is on the way, begin documenting the accident scene. This includes:
- Taking Photos: Capture images of your bicycle, any vehicles involved, the surrounding area, and any visible injuries. These photos can serve as crucial evidence for your personal injury claim.
- Gathering Witness Information: If there are bystanders or other cyclists who witnessed the accident, collect their names and contact information. Witness statements can be invaluable in supporting your case.
Report the Accident to the Authorities
It’s essential to report the accident to the police, especially if there are injuries or significant property damage. The police will create an official police report, which is a critical document for insurance claims and any legal proceedings. Ensure you obtain a copy of this report, as it will contain important details about the accident and the parties involved.
Consult With a Personal Injury Lawyer
Legal representation can help you manage the stages of the claims process, ensuring that your rights are protected. An experienced Augusta bicycle accident attorney can assist you in understanding your options, negotiating with insurance companies, and pursuing fair compensation for your injuries and property damage.
Notify Your Insurance Company
If you have bicycle insurance or if the accident involved a motor vehicle, notify your insurance company about the incident. Provide them with the necessary details, including the police report and any documentation you’ve gathered.
Keep Records of All Medical Treatment
As you receive medical care for your injuries, keep detailed records of all treatments, prescriptions, and medical bills. This documentation will be essential for substantiating your personal injury claim and demonstrating the extent of your injuries and related expenses.
Follow Up on Your Claim
Stay in contact with your lawyer and insurance company throughout the claims process. Be proactive in providing any additional information they may need and follow up on the status of your claim. Your bike accident attorney in Augusta can help you understand the timeline and what to expect as your case progresses.
Why are Bicycle Accidents so Serious?
When you ride in a car, you are surrounded by protective features. Seat belts, airbags, reinforcements in the car body, and even a car’s size help guard against the effects of a collision. Unfortunately, bicycles have no protective gear to cushion the crash.
The following are more reasons why bicycle accidents are serious:
- Bicycles are smaller and lighter than other vehicles. This means that in a crash, they can easily be pushed around or become airborne.
- Bicycles must balance on two wheels. Even a minor impact can upset a bike’s delicate balance and send the rider to the ground.
- Many cyclists don’t wear helmets, which increases the risk of a head injury.
- Bicycles are vulnerable to tipping over because of potholes, debris, or other hazards on the road.
- Bicycles are harder to see than cars, especially at dusk and after dark. When other motorists can’t see a cyclist, they don’t slow down or maneuver to avoid a crash, hitting the cyclist at full speed.
- Bicyclists can be the victims of overly aggressive drivers who don’t think bicycles belong on the road.
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What Kinds of Injuries are Common in Bicycle Accidents?
In a typical bike accident, cyclists may fall sideways, hitting their shoulder, arm, or head on the pavement. The cyclist may also put a hand out to break the fall. Often, the cyclist skids along the roadway. Some of the common injuries we see from bicycle accidents include:
- Broken wrist, hand, arm, and elbow bones
- A broken clavicle or collarbone
- Traumatic brain injuries (TBIs)
- Neck injuries
- Dislocated joints
- Nerve damage and spinal cord injuries
- Scrapes and bruises
If you are in a bicycle accident, see a doctor as soon as possible, especially if you have pain or hit your head.
The shock of the accident can make it almost impossible to tell how badly you have been injured, and the safest course of action is always to seek immediate medical care.
Who is Liable for My Bicycle Accident?
Liability will depend on how the crash happened. Most of the time, the party liable in a bike accident is the one whose carelessness caused the incident.
Common types of negligent driver behaviors that cause bike accidents include:
- Passing too closely
- Tailgating
- Turning into the path of a rider
- Drunk driving
- Being distracted by a cell phone
- Not seeing a cyclist
While a negligent driver is usually the at-fault party in a bicycle crash, other possible liable parties should be considered.
Depending on the circumstances of the incident, several other parties could be responsible, including the car or bicycle manufacturer, car or bicycle parts manufacturer, or government agencies.
What Damages Can I Recover After a Bicycle Crash in Georgia?
If someone else’s negligence caused your bike accident, you could recover compensation for your accident-related losses. Damages you can collect for a bicycle accident may include:
- Medical expenses: This includes hospital bills, surgeries, medications, and ongoing care
- Physical therapy: Compensation for rehabilitation services to aid your recovery
- Property damage: Costs to repair or replace your bicycle and any other damaged belongings
- Pain and suffering: For the physical pain and emotional distress caused by the accident
- Loss of enjoyment of life: Compensation if your injuries prevent you from enjoying activities you once loved
We understand that money can’t restore your health or undo the trauma, but fair compensation can make a significant difference. It can help you afford the best treatments, focus on recovery, and rebuild your life. Our Augusta bicycle accident lawyers will fight tirelessly to protect your rights and maximize your compensation.
Punitive Damages
These are considered “vindictive damages” because they punish the at-fault party for their wrongful behavior. Not all personal injury cases qualify, but if you were hit by an intoxicated driver while riding your bicycle, you may be eligible.
While Georgia caps punitive damages at $250,000, the amount you receive will be in addition to your economic and non-economic damages. Also, there are exceptions to this rule.
Does It Matter Whether I Was Wearing a Helmet in Augusta?
Cyclists in Richmond County and the rest of Georgia must follow certain rules. For example, riders under 16 must wear helmets, and all riders must use front and rear lights when riding on the street at night.
Riders are also expected to follow the rules of the road, including riding on the right (with traffic), stopping at stop signs, and signaling when turning. If you weren’t following the law at the time of the crash, you might be considered negligent.
However, this does not necessarily mean you don’t have a claim.
Georgia’s Comparative Fault System
Georgia uses a system of comparative negligence. If you and another person were negligent, the insurance company or the local courts would assign each of you a percentage of fault. You could still recover damages for your injuries if you were 50% or less at fault.
You have to be careful not to sell yourself short, though. The insurance company will look for any excuse to avoid paying your claim, including finding ways to unfairly blame you for the accident. For example, an insurance company may claim you are partly to blame for a nighttime crash because you didn’t have a rear light on your bike.
However, if the other driver ran a stop sign and hit you from the front, your rear light had nothing to do with causing the accident, and you should not recover less money because of it. This is why you need to talk to a lawyer about your bicycle claim.
Contact an Augusta Bicycle Accident Law Firm Today
Our personal injury law firm was founded with a simple vision: all accident victims deserve the best chance of recovery. For the past twenty years, we have worked to make that vision a reality by putting money in the hands of injured people.
At John Foy & Associates, we want you to have the money you need to get back on your feet, and we know how to get maximum compensation. Our bicycle accident lawyers in Augusta work on a contingency fee basis. Therefore, we will never charge a fee unless we help you obtain compensation.
Let us give you a free consultation and explain what we can do for you. Contact us today.
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