Bicycles are supposed to provide a relaxing pastime or a reliable method of zero-emissions transit. Unfortunately, they also pose extreme risks to the rider when they must mix with regular vehicle traffic, even in a city that tries to be more bike-friendly, like Smyrna.
Any time a bicyclist is hit by a road vehicle, serious injuries are likely. If you’ve been involved in a bicycle accident, don’t hesitate to contact our team today.
At the CEO Lawyer Personal Injury Law Firm, we’re here to help, and we’ve worked with individuals on every side of the claims process. Plus, we can kick things off with a free, confidential, no-obligation case review to expedite the process.
We’ll review all the details that led to your accident to help you determine the best path forward. So schedule your free consultation today. New clients can call (470) 323-8779 or contact us online to speak with a member of our team.
The Benefits of Working With a Smyrna Bicycle Accident Attorney
Would it surprise you to know that while bicycle trips only make up about 1% of all ‘trips’ taken across the United States — bicyclists account for over 2% of those who die in fatal crashes with motor vehicles? In fact, according to the CDC, nearly 1,000 bicyclists die each year across the country, and over 130,000 are injured in collisions on an annual basis.
So, while these kinds of accidents are all too common, they’re also affected by a core set of federal and state laws that can help you hold the negligent party accountable. That said, it’s unfair to expect the average citizen to fully grasp all the laws and regulations that will be key to determining liability.
Sometimes, just navigating the initial claims process can be intimidating enough. This is where your bicycle accident attorney will come in handy.
In Smyrna, it’s going to be to your advantage to hire a seasoned bicycle accident lawyer. Here are a few key ways their assistance can make all the difference.
- Strong Legal Knowledge and Experience: Bicycle accident cases will involve a wide range of legal nuances, so it’s important to work with a specialized attorney who possesses an in-depth understanding of all the relevant laws, regulations, and court proceedings you’ll need to use to your advantage.
- Comprehensive Case Management: Take the responsibility of managing your claim off your shoulders by entrusting professionals with experience handling insurers and liability claims. You’ll be guided through every step of your case while remaining informed and in charge of selecting key options during crucial stages.
- Investigation and Evidence Gathering: You need compelling evidence to build a strong case. Your attorney can help you identify, gather, and preserve crucial evidence (like accident reports, witness statements, and medical records) to clearly establish liability.
- Negotiation and Settlement Skills: Most insurance companies will try to settle your claim as quickly as possible, which can mean offering you minimal compensation. Luckily, an experienced attorney knows how to effectively negotiate to secure the maximum settlement needed to cover damages like medical expenses, lost wages, and pain and suffering.
- Trial Representation: In some situations, negotiations may not yield a fair settlement offer. In these cases, your lawyer will be prepared to take your case to trial (if necessary) and endeavor to protect your rights at every step of the way.
- Maximizing Compensation: Bicycle accidents often yield significant financial losses, but a knowledgeable attorney will assess the full extent of your damages to ensure that you receive fair compensation for your injuries (and property damage).
There’s really no reason not to meet with an attorney if you can take advantage of a free initial consultation. There, you can at least gain insight into how complicated your claim may become and how you can prepare for any key next steps.
The Importance of Personal Injury Claims
When an individual has suffered physical, emotional, or financial harm due to another party’s negligence (or wrongful actions), they can file a personal injury claim to compensate for their damages.
Keep in mind that to file a personal injury claim, you must be able to demonstrate that the defendant is responsible, usually by demonstrating some degree of negligence or wrongful action. This type of situation can include common examples like reckless or distracted driving, down to more specific concepts like failure-to-yield situations or defective vehicle designs that make bike accidents more deadly.
Similarly, the person filing the claim must also be able to show that they have suffered some sort of injury or damage. These damages can include medical expenses, property damage, lost wages, and expenses that are more difficult to quantify, like pain and suffering.
Finally, the claimant must also be able to establish a clear link between the defendant’s negligence (or wrongful conduct) and the injuries or damages they have suffered.
Beyond recovering damages, an injury claim also means that the responsible party is held legally accountable for their actions. It sends a message that negligent or wrongful behavior will not go unpunished, which can hopefully deter others from acting negligently (or wrongfully) in the future.
At times, pursuing a personal injury claim can help the claimant find closure and focus on their recovery, as it shifts the burden of managing the overarching legal process onto the plate of experienced professionals.
When to Pursue a Personal Injury Claim
When you’re considering filing a personal injury claim, time is of the essence. So, if you need that final push, consider checking off these key factors before filing the claim:
- Establishing Liability: It’s essential to establish liability from the get-go. If the accident was clearly the result of someone else’s negligence, such as in the case of a careless driver or poorly maintained road, you’ll likely have a valid basis for a claim.
- Document Your Injuries: If you’ve sustained any injuries from the bicycle accident, make sure to document them clearly. Seek medical attention immediately, and ensure your injuries are thoroughly examined and recorded. This will aid your recovery and, perhaps even more importantly, provide crucial evidence for your claim.
- Understand the Extent of Your Damages: Make sure to wait until you fully understand all the damages you’ve incurred. This means waiting to factor in potential future expenses (such as ongoing treatment or rehabilitation) on top of immediate medical costs.
- Meeting the Statute of Limitations: In Georgia, personal injury claims are subject to a statute of limitations, which sets a deadline for filing your claim. It’s crucial to keep this deadline in mind, and while it’s typically two years from the date of the accident, the sooner you file, the better.
- Consult a Smyrna Bicycle Accident Lawyer: Finally, before filing or settling your claim, make sure to speak with an attorney to ensure you’re setting yourself up for the best situation possible. It’s crucial to ensure you’re not missing any additional expenses in your damage report while also moving forward with the strongest evidence.
Georgia’s Laws and Regulations
In Smyrna, several laws and regulations govern bicycle accidents — and the legal responsibilities of all parties involved. Here are five key legal references that will be useful when it’s time to hold the negligent party responsible for their misdoings.
- Georgia Code Title 40, Section 40-6-294 (Bicycle Helmet Law): This law technically requires all bicycle riders under the age of 16 to wear helmets while cycling, though all riders should always consider wearing a helmet to protect themselves on the road.
- Georgia Code Title 40, Section 40-6-144 (Rules for Riding Bicycles): This section outlines the key rules and regulations for safe bicycling on Georgia roads and details information on signaling, using bike lanes, obeying traffic signals, signs, and more.
- Georgia Code Title 40, Section 40-6-390 (Reckless Driving): Defines reckless driving, which can apply to motorists who are involved in bicycle accidents due to their thoughtless behavior. Similarly, section 40-6-397 also defines ‘aggressive driving’ and can be used to hold irresponsible drivers accountable for any harm caused to cyclists.
- Georgia Code Title 40, Section § 40-1-1 (Bicycle Lanes): This section defines bicycle lanes but also states that “Bicycle lanes shall at a minimum, unless impracticable, be required to meet accepted guidelines, recommendations, and criteria with respect to planning, design, operation, and maintenance as set forth by the American Association of State Highway and Transportation Officials.” So, if your accident resulted from a poorly maintained road, you will have the means to hold them accountable.
Contact a Smyrna Bicycle Accident Law Firm Today
If you’ve been involved in a recent bicycle accident, don’t hesitate to contact our team today. At the CEO Lawyer Personal Injury Law Firm, we’re here to help, and we’ve worked with individuals on every type of accident claims process.
New clients can call (470) 323-8779 or contact us online to speak with a member of our team and schedule their first free, confidential, no-obligation case review today.
