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There are some state laws that will affect your ability to seek and receive compensation for your injuries in a bicycle accident, but location is not the only factor. If you can demonstrate that the other party, usually a vehicle driver, negligently caused your accident, then the primary factor in how much compensation you’ll receive is the extent of your injuries. This can vary greatly from one accident to another – some bicyclists may be fortunate enough to walk away with only minor injuries. Others might suffer severe trauma, and their injuries could take months to heal fully. Those who suffer a permanent disability, disfigurement, or an injury that permanently affects their life in some way, will receive the highest compensation.
Because settlement amounts vary based on your specific injuries, the details of your accident, and sometimes other factors, we can’t tell you exactly how much compensation you can get for a bicycle accident without learning more about the details of your case. If you or a loved one have been injured in a bike crash, please contact the bicycle accident laywers at the CEO Lawyer Personal Injury Law Firm for a free consultation. Founded by attorney Ali Awad, our firm has quickly grown to earn the title of the Fastest-Growing Law Firm in the country. If we take your case, we won’t charge you anything until we settle it, so you never have to worry about paying attorney fees upfront.
What Should You Know About Bicycle Accident Claims?
Every bicycle accident claim is different, but one thing they all have in common is that you will need to prove negligence – that the other party had a duty of care, that they didn’t carry out this duty, and that you sustained damages as a result. The first two parts are usually addressed by gathering evidence that the defendant, or the entity you file a claim against, was at fault in the accident. In most cases, the defendant will be a driver who hit you while riding your bicycle.
Georgia Law Regarding Vehicles and Bicyclists
In general, drivers are considered to have a duty of care to drive safely and make reasonable efforts to avoid accidents and injuries. If the motorist who hit you displayed reckless behavior, such as extreme speeding, running a red light, or driving under the influence, it is very likely that they breached their duty of care.
In addition, there are also specific laws about how drivers should behave around bike riders. Ga. Code § 40-6-5 sets out rules for passing a bicycle on the road:
- The motorist should be very careful when approaching the bicycle and change into a lane not adjacent to the bike rider if possible.
- If a lane change isn’t possible or safe due to circumstances, the driver should slow down to at least ten miles below the speed limit, or 25 MPH, whichever is greater.
- When passing the bike rider, the motorist should maintain at least three feet between the vehicle and the bike at all times.
If the driver did not follow these rules, they may have failed in their duty of care, even if they were otherwise driving safely.
Proving Your Injuries
Your medical records from after your bike accident will be beneficial to your attorney, as they will show some of the exact damages you received in the collision. For this reason, we recommend that anyone in a bicycle accident seek medical attention as soon as possible afterward. Even if you feel your injuries are trivial, please see a doctor to document them and to ensure nothing serious is missed. In some situations, a serious injury may appear minor at first, because pain and other symptoms may not present immediately. This is especially important if you’ve had any kind of head injury, even one that didn’t hurt very much. In some cases, a person with a head injury may initially feel fine, despite having a brain bleed, traumatic brain injury, or another severe injury that requires treatment.
Modified Comparative Negligence and Your Cyclist Accident Claim
Earlier we talked about proving fault in your accident. It’s important to understand that the state of Georgia recognizes situations where both parties contributed to causing an accident. For example, the driver who hit you might have been speeding or failed to stop at a stop sign. But if it was dark and you failed to use your bike lights, you might have also contributed to the accident by making it harder for the driver to see you. Does that mean you won’t receive any compensation?
No, you can still collect damages unless the accident was mostly your fault. Under these modified comparative negligence statutes, the jury for a personal injury trial is asked to distribute fault between parties, with both percentages adding up to 100. Whichever party is less than 50 percent at fault has the right to seek damages from the other. However, the injured party’s final award will be diminished by their amount of fault, so if you are 10 percent responsible, 10 percent will be deducted from your damages.
Bike Injury Claims and the Insurance Company
We’ve discussed how your case would be resolved if your lawsuit went to trial, but most bike accident claims are settled out of court. Usually, the other driver has car insurance that covers bodily injury liability for at least $25,000, so we will start by filing a claim with the insurer. This liability coverage is required by Georgia law, but occasionally we see a case where the motorist was uninsured. In these situations, we may still be able to seek compensation from other sources, such as the bike rider’s uninsured motorist coverage.
Once we’ve identified all relevant insurance policies, we will try to negotiate the best possible settlement for our client with the insurance company. Despite most cases settling out of court, modified comparative negligence statutes are still crucial to this process, because they affect the insurer’s willingness to negotiate. In other words, if the insurance company representative realizes you have a strong case and would be likely to win a large judgment in court, they will be more willing to arrive at a reasonable settlement. This is also why the insurer may claim that you were at least partially at fault – if they can convince you that you won’t receive much compensation in court, you might be more inclined to accept a lower settlement.
The best way to deal with this complex situation is to contact a bicycle accident lawyer as soon as possible. We’ll get to work immediately gathering evidence in your favor, even sending a team out to the accident site to ensure nothing is missed. Additionally, it’s very important to discuss any settlement offer with an attorney before you accept. Accident victims who deal with the insurance company directly may not know what their damages are really worth, and may accept an offer that doesn’t fully cover all their losses.
If You Were a Cyclist Hit by Car, Contact the CEO Lawyer Personal Injury Law Firm Bicycle Injury Attorney
If you were hit while riding your bicycle, call Ali Awad, ‘the CEO Lawyer,’ and his experienced team of personal injury accident attorneys today to receive a free, no-obligation consultation. We can assist you with exploring your legal options and avenues to ensure that you receive the compensation you deserve. Contact the CEO Lawyer Personal Injury Law Firm by calling (833) 254-2923 or contacting us online. If we take your case, you won’t pay anything until we win.