Bicyclists are at much higher risk than other people on the road. Compared to car drivers, bikers experience more severe injuries and higher damages. Our personal injury lawyers in Stone Mountain can pursue compensation for you and handle your claim so you can focus on recovering.
Learn more about bicycle accidents in Georgia and how attorneys help injury victims. If you have specific questions about your situation or if you want to know how much your settlement could be, you can talk to John Foy & Associates for free.
Can You Sue for a Bicycle Accident?
If you were hurt while on your bicycle (or hurt by someone on a bicycle), yes, you can sue for your bike accident. As long as your injuries were directly caused by your accident and you have suffered monetary losses due to those injuries, you have a valid personal injury claim.
That being said, your bicycle accident claim most likely won’t even make it to the lawsuit stage. When you pursue compensation for an injury that you sustained in a bike accident, you aren’t just dealing with the at-fault party. You’re also dealing with their insurance company, and potentially a lawyer that they have hired.
Their insurance company will want to save money by any means necessary. While in some cases that means giving you lowball offers and trying to reduce your payout, it also means trying to avoid a lengthy lawsuit. With an experienced Stone Mountain bicycle accident attorney, you can get the insurance company to settle out of court so that everyone can avoid going to trial.
The compensation that you get for your bicycle accident claim will be in the form of compensatory damages, which are meant to pay you back for tolls on your finances and your quality of life. Your lawyer will have to calculate the full scope of your damages to show how much you’re owed.
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Who Is at Fault in a Bike Accident?
This is a more complicated issue than you might know. The truth is that, when a car hits a bicycle, there are three possible answers: the driver, the biker, or a third party. This is where getting a bicycle accident lawyer comes in handy—an attorney can investigate your case to find out who was really at fault.
Drivers are often at fault in bicycle accidents. Bikers have the same rights as motorists, but those sometimes aren’t recognized by people on the road. When someone doesn’t give a bicyclist sufficient space or simply fails to notice them at all, it can result in a dangerous accident.
There are times when bicyclists are at fault in their accidents, though. While bicyclists have the same rights as motorists, they also have to follow the same laws. Bikers sometimes fail to obey traffic laws or stop signs. In addition, bicyclists need to make themselves easy to see and predict. If a biker fails to wear proper gear or signal a turn, they could be at fault.
In certain cases, you could have a third-party claim on your hands. This happens when road conditions or mechanical problems cause a crash that the bicyclist or other motorist can’t avoid. Improperly designed intersections, unsafe bike lanes, or potholes can be cause for a third-party claim, as well as faulty parts made by a negligent manufacturer.
Negligence in Bicycle Accident Claims
When anyone is at fault in a bicycle accident, negligence usually comes into play. To understand negligence, it’s best to first understand the duty of care. The duty of care is the standard level that someone is obligated to meet in their treatment of others. Basically, it’s the duty to make sure other people don’t get hurt.
When you’re on the road, whether in a car or on a bike, the duty of care is driving responsibly and following traffic laws. When someone fails to pay attention to the road, speeds, or otherwise drives recklessly and causes an accident as a result, their negligence makes them liable for the crash.
However, negligence doesn’t just work one way. Georgia uses a modified comparative negligence rule, which means even the victim in an accident can be considered negligent. The Official Code of Georgia Annotated (OCGA) § 51-12-33 states that, if a plaintiff has any percentage of fault, their compensation could be reduced proportionately.
That means if a bicyclist was, say, not using high-visibility gear when they were hit, they could be considered 20% at fault. If they stood to get $10,000 for their accident, they could lose out on 20% of that compensation and be left with $8,000.
It’s important that you hire the help of a bicycle accident lawyer in Stone Mountain who can prove that you were purely a victim in your accident. The other party may try to avoid paying you your full settlement by arguing that you were partially at fault. Solid evidence can prevent that.
Talk to a Bicycle Accident Attorney in Stone Mountain Today
Bicyclists who are involved in accidents often have more severe injuries than motorists, and that can mean expensive medical bills and lost work. With the help of a Stone Mountain bicycle accident lawyer from John Foy & Associates, you could be able to collect compensation for your expenses, your pain, and your suffering.
You can get a FREE initial consultation by calling us or contacting us online. We’re here to talk to you 24/7.