A bike accident requires legal representation to obtain compensatory damages to help you recover physically and financially. Engaging the services of an Atlanta bicycle accident lawyer can significantly increase your chances of obtaining money to offset accident-related costs such as medical bills and bicycle repairs.
Even a minor bicycle accident requires knowledge of insurance companies, liabilities, and medical care. That’s why having an experienced Atlanta personal injury lawyer with experience in your case type is important.
Our law firm, John Foy & Associates, has practiced personal injury law in Atlanta for over 20 years. We can provide the support and guidance you deserve after an accident.
Why Hire a Bicycle Accident Lawyer in Atlanta?
Many people injured in a bicycle accident find it’s worth hiring a bicycle accident attorney to help them with their claims and other legal steps. People who attempt to handle a claim themselves are often overwhelmed by the challenges.
Without the help of an experienced bicycle accident lawyer in Atlanta, negotiating with the insurance company and gathering evidence can be incredibly difficult. Fortunately, we’re ready to step in and handle all legal matters on your behalf, giving you time to focus on your recovery.
Additionally, our firm operates on a contingency fee basis. That means we charge nothing upfront and only get paid if you earn compensation. So there’s no harm in asking for help and no risk of paying for a lawyer who won’t get you results. Reach out now and learn how to file a claim for a bicycle accident.
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Compensation Available for Your Bike Accident
Your bicycle accident attorney in Atlanta can help you secure the funds you need to cover all the losses associated with a collision with a motor vehicle. Depending on your situation, you may secure funds to cover your:
Economic Damages
Economic damages encompass the financial losses you suffered from your bicycle accident and resulting injuries. Many assume they can only get compensation for their medical expenses, such as:
- Hospital bills
- Ambulance fees
- Transportation costs
- Medical equipment fees
However, you may also be able to recover compensation for your lost income, lost earning potential, and other damages that affect your financial situation.
You can also file a property damage claim if your bike sustained damage due to a negligent driver, business, private owner, or municipality. If your bike is a total loss, Georgia law states that you are eligible to get the fair market value of that bicycle.
Non-Economic Damages
Non-economic damages do not have a direct impact on your finances. However, since they likely have impacted your life considerably, you can still receive financial compensation for them. Some examples of non-economic damages you may be entitled to recover in your bicycle accident claim include:
- Loss of companionship
- Loss of society
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium
- Emotional distress
We can determine a fair value for these losses and include them in your injury claim.
Punitive Damages
Unlike economic and non-economic damages, punitive damages punish the defendant for their wrongful actions. While punitive damages do not apply to all personal injury cases, they may become available in some cases.
Georgia caps punitive damages at $250,000, but there are exceptions to this rule. You can discuss your case with an attorney at our firm to learn more about all the funds available in your situation.
Who Has to Pay You After a Bike Accident?
The party legally responsible for causing your crash should have to pay you after a collision. It may seem like bicycle accident claims are only for simple, clear-cut accidents where a driver or biker is negligent and causes injury to someone else. That’s not always the case, though.
Liable parties in a bicycle accident may include:
Negligent Drivers
The most noticeable type of bicycle accident is when a driver negligently hits a biker or otherwise causes them to crash. This situation is, unfortunately, common, as bicyclists are often difficult to see, and drivers frequently give them less space on the road and fail to respect their rights.
If a driver caused your crash through acts of negligence like distracted driving, road hogging, or breaking traffic laws, they could be liable for your damages.
Bike Manufacturers
A more insidious way bike crashes happen is through faulty or dangerous equipment. Sometimes, a parts manufacturer or bike factory can negligently produce something that works improperly or fail to warn bikers about a hazardous product.
If you were in an accident because of failed brakes or any other faulty part, you could file a claim against the manufacturer. A bicycle accident attorney can tell you more about your options for a possible product liability case.
Cities or Municipalities
You may be eligible for compensation if your bicycle accident resulted from negligence or a city or municipality’s code violation. If you sustained injuries on private property, the liable party would be the property owner or business owner. Defects that could be the reason for your accident include:
- Potholes
- Malfunctioning traffic lights
- Foliage obstructing traffic signs
- An uncovered drain or meter
The key, again, is to document as much of the information as possible. Take photos of what you hit. If a traffic light is malfunctioning, videotape the sequence and timing of the light.
Talk to witnesses. If this happens in front of a business, the owner may know how long this problem has been going on. Your case becomes stronger if the same issue has hurt other people.
We can give you more information about who can be sued in a bicycle accident case, so reach out now.
What If You Are Partly to Blame for the Bike Wreck?
Being partially to blame will not prevent you from recovering compensation for your damages as long as your portion of fault does not exceed 50%. Georgia operates based on a modified comparative negligence system.
Therefore, your portion of fault cannot be greater than 50%, or you lose your chance to have your case heard in the civil courts.
Furthermore, you can expect your compensation to decrease to account for your portion of the liability. For this reason, you must have a dedicated bicycle accident attorney who will accurately evaluate liability in your insurance and several claims.
Common Bike Accident Injuries
After you get into a bike crash, you likely have severe injuries that can impact the quality of your life, whether temporarily or for a lifetime. Common injuries bicycle riders suffer in accidents are:
- Fractured vertebrae and spinal cord injuries (SCIs)
- Loss of limbs through accidental amputation
- Head injuries and traumatic brain injuries (TBIs)
- Broken bones
- Internal bleeding
- Neck injuries
- Chipped teeth
- Deep cuts
You should seek medical treatment immediately to prevent your injuries from worsening or missing a crucial diagnosis.
If you have a valid bike accident case, a bicycle accident lawyer can use your medical records as evidence to show the injuries the negligent party caused through the legal process.
Atlanta’s Bike Laws and Filing a Bicycle Accident Claim
Under Georgia law, anyone under the age of 16 must wear a safety helmet approved by the American National Standards Institute (ANSI) when riding a bicycle. However, anyone aged 16 or older can choose to wear a bicycle helmet.
You could file a bicycle accident claim if someone else were to blame for your crash. As an injured bicyclist, you must file a claim two years after the accident. By filing within two years, you could recover money for the damages the liable party caused.
If you are unsure whether you have a valid claim, a bicycle accident attorney in Atlanta can look at your case. We can provide you with more information about Georgia’s bicycle laws and how they apply in a bike accident injury case.
Exceptions to Georgia’s Statute of Limitations
There are two common exceptions when you file a bicycle accident claim: the bike rider’s age and the party you’re filing against. First, if the person who suffered injuries in the bike accident is under 18, the statute of limitations will start on the person’s 18th birthday.
The other exception to the statute of limitations is if you’re filing a claim against a city. For example, let’s say you crashed your bike due to poor road conditions, such as potholes; in this case, the city would be liable.
When filing against the city in which your bicycle accident injury occurred, you only have six months from the accident date to notify the city in writing. Of course, there may be slight changes in your filing deadline, depending on your situation. A bicycle accident lawyer in Atlanta can help you understand exactly how long you have to file.
We Can Help with Hit-and-Run Bicycle Accidents
The key to a hit-and-run accident is to stay calm, which may be difficult because your adrenaline is flowing, you may be hurt, and you’re probably angry that anyone would leave an accident scene.
You should gather as much information as possible, for example, the motor vehicle’s make, model, and color. If there are witnesses, you should ask them if they can provide additional information, such as the car’s license plate number.
Any information you compile may prove valuable in the future. Hit-and-run accidents are a criminal act in Georgia. Call the Atlanta police department and then get in touch with us.
We’re Here to Support You After a Fatal Accident
Driver negligence and other forms of misconduct can easily result in a deadly bicycle accident. You can get compassionate help from an Atlanta wrongful death lawyer if you lose a loved one in this type of collision.
Our dedicated team will handle all legal matters, giving you the time to care for the emotional needs of your loved ones.
What to Do After a Bicycle Accident
If a car hits your bicycle, treat your accident as seriously as a car wreck. Document what happened. If your phone is still working, call 911. The police will write a report and help you get medical help.
You should also take as many photos as possible of:
- All the vehicles involved
- The condition of your bike
- The scene
- Anything that you think might be relevant to the accident
- Your injuries
If there are witnesses, try to get their names and numbers. And, of course, follow up on whatever medical care you need. Your next step should be to call a personal injury attorney immediately. We’ll work with our investigators and specialists to prove liability. We will communicate with the insurance company on your behalf, so you don’t have to.
Do not sign paperwork from the insurance company or give a recorded statement. Remember that an insurance company’s first goal is to settle quickly and for as little money as possible, which can make medical expenses overwhelming.
Talk to Us After a Bicycle Collision in Atlanta
As one of Atlanta’s largest personal injury law firms, we have seen an increase in bicycle accidents as more serious and recreational bicyclists share the road with cars and trucks. We understand your pain, and your well-being is crucial to us, whether you are injured in a car or on a bike.
An Atlanta bicycle accident attorney from John Foy & Associates can help with your legal needs. We’re available to talk to you 24/7, every day of the year, including Christmas. So, call or contact us online for your FREE initial consultation.
(404) 400-4000 or complete a Free Case Evaluation form