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.
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).
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.
If you or someone you love was hurt in a bike accident in Douglasville GA, an experienced personal injury attorney at Sherrod & Bernard, P.C., can help. 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.
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. 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)
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.
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.
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.
