Cycling is a favorite hobby, form of exercise, and mode of transport for many people in Gainesville, Georgia. However, cycling carries a significant amount of risk, especially when riding on a public road. Bicycles don’t offer protection in the event of a collision, so cyclists are much more vulnerable to serious injuries and death.
Bicycle accidents can leave the rider facing steep medical bills, unable to return to work, and maybe even permanently disabled. Fortunately, if you’ve been injured in a bicycle accident caused by a negligent motorist, you can be entitled to financial compensation.
Our team of highly experienced Gainesville bicycle accident lawyers at H Groves Law can help you file a claim and ensure that you get maximum compensation. Reach out to us at (770) 329-1868 to schedule a free consultation with our car accident attorneys in Gainesville, GA.
What Are Georgia’s Bicycle Laws?
In Georgia, bicycles are classified as vehicles. This means that cyclists are expected to follow most of the same basic rules that other motorists follow. However, there are some special rules that apply to bicycles on Georgia public roads.
- Cyclists must ride in the same direction as regular traffic.
- Only bikes are allowed on the bike lane.
- Cyclists should ride as far right on the roadway as possible.
- The bicycle should have the necessary safety equipment including working brakes and front and back lights.
- All cyclists below the age of 16 years should wear a helmet.
- Cyclists are not allowed ride on the sidewalk.
- Cyclists should use arm signals as turn signals.
- A bicycle should not carry more people than what it was designed for.
- Every cyclist should have a seat, and it is illegal to ride on the handlebars.
- When overtaking a cyclist, drivers should leave at least three feet between them and the cyclist.
- Cars should yield to bicycles in a bicycle lane.
In the event of a bicycle accident, any party that is found to have violated Georgia’s bicycle laws or any other applicable traffic rules can be held liable for the accident. It is important for both cyclists and drivers to adhere to all traffic rules.
How Is Fault Determined in Bike Accidents in Georgia?
Your attorney will use a wide range of evidence to prove that the other party was at fault for your accident. This can include witness statements, dashcam footage, toxicology reports, police report, accident reconstruction reports, and so on.
In order for the defendant to be held liable for your injuries and losses, your Gainesville bicycle accident lawyer will need to prove all of the following.
Duty of Care
The first thing you need to prove is that the other party owed you a duty of care in that particular situation. All motorists are expected to drive safely and adhere to all traffic rules to ensure their safety and that of other road users.
Breach of Duty of Care
Next, you need to provide proof that the other party violated this duty of care. For instance, you can show that the driver was speeding or distracted at the time of the accident.
Causation
Third, you need to show that the accident occurred as a direct result of the other party’s negligence. There needs to be a causal link between the other party’s actions and the accident.
Damages
The at-fault party can’t be held liable if you didn’t suffer any legally compensable damages. Thus, you need to prove that you suffered damages as a result of the accident as well as the extent of these damages.
Since Georgia follows the doctrine of modified comparative negligence, you can recover compensation even if you were partially at fault for the accident, provided that your percentage of fault is below 50%.
What Should I Do After a Bicycle Accident?
Experiencing a bicycle accident can be extremely terrifying and overwhelming. But it is important to try and remain calm and ensure that you take all the right steps.
Contact Police
As with any other kind of accident, you should call the police if the bicycle accident involves injuries, property damage exceeding $500, death, or drunk driving. Insurance companies will most likely require a police report when filing a claim. Calling 911 will also help get you emergency medical services if needed.
Exchange Info
While at the scene, collect the names, contact details, vehicle registration, and driver and insurance information of the driver. Also, collect the names and contact details of any witnesses present at the scene of the accident.
Record the Scene
Preserving evidence while it is still fresh will help make things much easier for your attorney when proving your case. Take pictures and videos of the scene of the accident. Capture images of any visible injuries, your bicycle, the vehicles involved in the accident, the road conditions, and so on.
Never Admit Fault
Whatever you do, do not apologize for the accident or make any statements that may suggest that you are admitting fault for the accident. This may harm your chances of recovering compensation.
Seek Medical Attention
It is rare for riders in a bicycle accident to come out unscathed. Even if feel fine, you still need to seek medical attention to be on the safe side. Some internal injuries can take time to manifest and can lead to serious problems. Seeking medical attention will also help strengthen your claim.
Call a Bicycle Accident Lawyer
There is nothing more frustrating than dealing with insurance companies after an accident. Insurance companies will go out of their way to deny, devalue, or delay your claim. An attorney will ensure that you are not taken advantage of and that you are fairly compensated. They will take your case to court if need be.
What Types of Damages Can You Recover From a Bicycle Accident Claim?
Georgia personal injury law allows bicycle accident victims to pursue three types of damages.
Economic Damages
You can recover damages for all financial losses incurred as a result of the accident. These include medical expenses, lost income, loss of earning potential, property damage, house and car modification costs, and more.
Non-Economic Damages
You can also claim financial compensation for losses that can’t be assigned a monetary value. These include pain and suffering, loss of companionship, disability, loss of enjoyment of life, and more.
Punitive Damages
These types of damages are only awarded in personal injury cases where the defendant acted in a malicious or especially reckless manner and caused your injuries. Punitive damages were put in place to punish certain behaviors and discourage the public from repeating such behavior.
Georgia law puts a cap on punitive damages at $250,000. But the jury can award punitive damages over this amount in drunk driving accident cases.
How Much Time Do I Have to File a Claim?
In Georgia, victims of bicycle accidents are required to file a personal injury claim within 2 years from the date of the accident. Families have two years to file a wrongful death case after losing a loved one. Once this time window lapses, you may permanently lose your right to pursue compensation.
How Much Will a Bike Accident Lawyer Cost?
If you are worried about how much hiring a lawyer may cost you, you will be pleased to learn that we handle bike accident cases on a contingency basis.
Under this arrangement, we are not paid unless we win your case. Also, you don’t have to pay anything out of pocket since our payment comes in the form of a percentage of your compensation amount.
Why Do I Need a Lawyer?
Having a Gainesville bicycle accident lawyer on your side will significantly improve the chances of winning your case and securing maximum compensation. Here is what an attorney will do for you.
Case Preparation / Filing a Lawsuit
Our process starts with a comprehensive evaluation of your case to determine whether you have a valid case and how much it may be worth. Next, we will conduct a thorough investigation into the case and gather all the necessary evidence. We will also ensure that your claim is filed properly and on time.
Settlement Negotiation
Your attorney will handle all communication with the insurance company on your behalf. This includes negotiating for a favorable settlement agreement. An attorney will ensure that you are not taken advantage of and that you get the full compensation that you deserve.
Trial Preparation & Representation
If the negotiations are unsuccessful or if the insurance company unfairly denies your claim, your attorney may decide to take your case to trial. We have extensive trial experience and are ready to fight for your rights to the very end. With us, you can be assured of the best possible outcome for your case.
Reach Out to an Experienced Gainesville Bicycle Accident Lawyer!
A bicycle accident can permanently alter the lives of the victims and their families. These accidents are often associated with devastating injuries and death. If you’ve been the victim of a serious bike accident, the high medical bills, inability to go back to work, and other unexpected losses can make life unbearable.
You deserve compensation if you were injured in a bike accident caused by a careless driver. Our expert legal team at H Groves Law will fight to win you the maximum compensation. Call us today at (770) 329-1868 to schedule a free consultation with our bike accident lawyers in Gainesville.
