Douglasville has many roads and paths that are ideal for bicycles. Georgia law also recognizes bicycles as vehicles, which means that cyclists have the same rights and responsibilities as drivers of cars, trucks, and motorcycles. Unfortunately, not all motor vehicle drivers respect those rights. All it takes is one distracted driver to cause a bicycle crash, and even minor collisions can result in catastrophic injuries due to the vulnerability of cyclists.
When a negligent motorist collides with a bicyclist, the rider of the smaller, lighter bicycle is almost always the one who must deal with injuries and property damage. The seriousness of these accidents cannot be overstated. Cyclists can be severely or fatally hurt if a car strikes them or backs into them, or if a driver or passenger of a car opens a door into their path (also known as “dooring”). After a bicycle accident, it is crucial to call 911 immediately to ensure that emergency care and law enforcement arrive at the scene, as prompt medical attention can be vital for recovery.
Fortunately, Georgia law protects the rights of those who are hurt due to someone else’s recklessness or carelessness. If a driver was distracted, aggressive, intoxicated or otherwise negligent behind the wheel when they injured a cyclist, the driver can be held liable. It is also essential to document the accident scene thoroughly—take photos of the vehicles involved, your bicycle, the accident scene, and any visible injuries such as cuts, scrapes, and bruises to support your personal injury claim.
If you or someone you love was hurt in a bike accident in Douglasville GA, the law office of Sherrod & Bernard, P.C. is a specialized legal entity experienced in representing injury victims in bicycle accident cases. We have the experience, dedicated support staff, and resources necessary to pursue the compensation you deserve. Our consultations are always free and confidential. So, contact us to talk about your case today.
Introduction to Bike Accident Claims
Bicycle accidents can have life-altering consequences, often resulting in severe injuries, significant financial losses, and emotional distress. If you or a loved one has been involved in a bike accident, understanding your legal rights is crucial. In Georgia, bicycles are recognized as vehicles, granting cyclists the same rights and responsibilities as motor vehicle drivers. However, due to the lack of protective barriers and the size difference between bicycles and vehicles, cyclists are at a higher risk for serious injuries in a collision.
A Douglasville bicycle accident lawyer can help you navigate the legal process, ensuring your rights are protected and guiding you through each step of your personal injury claim. Whether you are dealing with medical bills, lost wages, or pain and suffering, having an experienced accident lawyer on your side can make a significant difference in the outcome of your case.
What are Common Bicycle Accident Injuries?
Under O.C.G.A. § 40-6-296(e)(1), no person under 16 years of age can operate or be a passenger on a bicycle without wearing a bicycle helmet. The law defines a helmet as a piece of protective headgear that meets or exceeds the impact standards set by the American National Standards Institute (ANSI) or the Snell Memorial Foundation.
Helmets can prevent serious head injuries. Still, they do not provide any protection for the person’s body. Even with the proper headgear and clothing, cyclists are susceptible to severe injuries if they are involved in a collision with a motor vehicle. This lack of protection puts cyclists at risk for catastrophic injuries, which often require emergency care and immediate medical treatment to address life-altering consequences.
Common injuries in bicycle accidents include broken bones, traumatic brain injuries, spinal cord injuries, road rash, and internal organ damage. Catastrophic injuries, such as paralysis or severe traumatic brain injuries, can also occur, especially given the vulnerability of cyclists.
According to the Centers for Disease Control and Prevention (CDC), over 130,000 bicyclists suffer injuries in bicycle-vehicle accidents per year in the United States, leading to significant medical costs for victims and their families.
In the most tragic cases, bicycle accidents can result in wrongful death. The National Safety Council reported a 16 percent increase in bicycle accident fatalities in 2020, highlighting the growing concern for wrongful death claims in such in such incidents,
After a bicycle accident, you can file two main types of claims: a Property Damage Claim to cover the costs of repairing or replacing your bicycle, and a Bodily Injury Claim to recover medical expenses, lost wages, and pain and suffering.
Some commonly reported bike accident injuries are:
- Internal organ injuries
- Neck injuries
- Fractures
- Spinal cord injuries
- Muscle strains
- Sprains
- Paralysis
- Lacerations
- Traumatic brain injuries (TBIs)
It is crucial to document visible injuries, such as cuts, scrapes, and bruises, by taking photos at the scene to support your personal injury claim.
When another party’s negligence causes a bicyclist to suffer fatal injuries, it is considered a wrongful death. Certain family members can be entitled to compensation in these cases, including compensation for their loved one’s final medical expenses, funeral and burial expenses, and other damages that can help the family avoid financial ruin on top of their grief.
Causes of Bicycle Accidents
Bicycle accidents in Douglasville can occur for a variety of reasons, many of which involve the actions or negligence of motor vehicle drivers. Common causes include:
- Failure of vehicle drivers to obey traffic laws
- Distracted or reckless driving
- Unsafe road conditions or malfunctioning traffic lights
- Lack of proper bike lanes or improper use of existing lanes
- Sudden obstacles or debris in the roadway
- Failure to maintain a safe distance when passing cyclists
Cyclists in Douglasville are permitted to ride on authorized driveways, paved shoulders, and roads, but must always follow traffic laws and regulations. When a bicycle accident occurs, determining the cause is essential for identifying the liable party. A Douglasville bicycle accident attorney can conduct a thorough investigation to establish fault and help you pursue compensation from the responsible party.
How is Fault Determined in Bicycle Wrecks?
Keep in mind that bicyclists are just as responsible for obeying Georgia traffic laws as motor vehicles. You can be sure that the insurance company for the responsible party is going to argue that you were at least partially at fault for the accident to avoid paying you the compensation you deserve.
Even if you were partially responsible for the crash, you should know that Georgia uses a modified comparative fault system. Under the law, a person can recover damages for a bicycle accident so long as he or she was not 50 percent or more at fault. Total liability is reduced by a plaintiff’s percentage of fault.
So, a person who is awarded $100,000 in a bicycle accident case but found to have been 25 percent at fault would have his or her award reduced by $25,000 and ultimately receive $75,000.
Proving a driver’s negligence involves different types of evidence. For example, a distracted driving case could involve seeking a driver’s phone records. A drunk driving case could consist of evidence such as a police report, traffic citations, or chemical test results. When the accident occurred due to hazardous road conditions or road defects, it is crucial to gather evidence to prove liability, including documenting the scene and identifying whether a municipality, business or property owner, or other party may be responsible. If the accident occurred on private property, a property owner or business owner may be held liable under premises liability laws if unsafe conditions contributed to the crash. In such cases, attorneys can preserve perishable evidence such as skid marks and witness statements, and gather surveillance footage and police reports to establish liability.
You should seek legal representation as soon as possible after your bike crash. A lawyer from Sherrod & Bernard, P.C. can immediately begin an independent investigation of your accident. Your attorney will be able to preserve the most valuable evidence needed in order to demonstrate another party’s negligence.
