Committed to Recovering Full Compensation for Injured Cyclists
Atlanta is a beautiful, bustling city, and bicycle ridership here more than tripled in the first decade of the 21st Century as people turned to bikes for exercise, recreation, and short commutes. The installation of dozens of bike-sharing stations around the city has further increased the number of riders taking on a bicycle for short trips in town. But Atlanta’s heavy traffic, lack of bike lanes, hills, and complex major intersections and interchanges create significant risks for bicycle safety. Nationally, bicycle accidents send half a million people to the ER and cause hundreds of deaths every year.
Holding Negligent Drivers Responsible for Preventable Bicycle Crashes
As the city struggles to add more bike lanes and to plan for safer pathways for cyclists and pedestrians, cyclists must remain vigilant, ride defensively, and watch for hazards on the road. Motorists, for their part, must drive attentively and give bicycles respect and room when sharing the road. Bicycle crashes with automobiles can be disastrous or deadly for the rider, but they can be prevented if both parties pay attention and drive safely.
Let us Put Our Experience to Work for you.
As a bicyclist injured in a collision with a car or truck, recovering compensation for your significant injuries can be an uphill battle. Durham Law Group can help. Our Atlanta bicycle accident attorneys have extensive experience helping personal injury victims hold drivers accountable and recover significant compensation in a wide range of motor vehicle accidents. Contact our office today for a free consultation and immediate help from an Atlanta bicycle accident lawyer.
What Causes Bicycle Accidents in Atlanta?
Bicycle accidents can be caused by rider error, driver error, defective bicycles and equipment, and even defective roadway design or negligent road maintenance. For any cause that lies outside the rider’s control, our Atlanta bicycle accident attorneys work to gather the evidence and prove the fault of the responsible party so that we are positioned to obtain an adequate settlement or litigate your case in court if necessary. Some of the leading causes of bicycle accidents in Atlanta include the following:
- Motorists don’t notice or see the bicycle until it’s too late to avoid a crash. Bicycles are considerably smaller than cars and are present on the road in much fewer numbers. For these reasons, drivers don’t expect to see bicycles and don’t think about them as they drive. When drivers are drunk or distracted by their cellphones, it’s even harder to spot a bicycle and avert a collision.
- Bicycle crashes happen when motorists fail to yield the right-of-way to bicycles, or vice versa. Cyclists are subject to all the rules of the road of other vehicles and are entitled to share the road just as much as any other vehicle.
- Unsafe passing of a bicycle or unsafe turns cause bicycle accidents. Motorists often drive aggressively around bicycles, putting cyclists in jeopardy with reckless maneuvers.
- A mechanical failure can also cause a bike crash. Like other consumer products, bicycles are subject to risk from design or manufacturing defects or negligent repairs. Defective brakes, tires, or tubes can cause a crash when they fail at a critical moment. Welding defects in an aluminum frame or defectively manufactured bolts can cause failure, or the chain can come loose if the bike is designed incorrectly or the chain is negligently installed.
What Should I Do Immediately After Being Involved in a Bike Accident?
If you have been involved in a bike accident, the scene may be chaotic, but you must take several actions to protect yourself.
- Remain on the accident scene and check yourself and others for injuries.
- Contact 911 to report the accident.
- Be sure to document the accident scene by taking numerous photos and videos of the damage to your bike, helmet, and vehicle(s) involved.
- Gather the names and contact information of any bystanders who witnessed the accident.
- Seek medical attention immediately, even if you do not believe you are injured. Insurance companies often try to deny claims over gaps in medical treatment.
It is also critical that you obtain a copy of the police report after the bike crash. In many instances, a bicycle accident victim is in no condition to speak with the police at the scene, so that the police report may contain only the driver’s version of events. This report could be biased and used against you, so it’s essential to review the report, correct any inaccuracies or omissions to ensure your voice is heard.
Atlanta Bicycle Safety Laws
Bicycles are classified as vehicles under Georgia traffic law, so all traffic laws that apply to vehicles (not “motor vehicles” specifically) apply to bicycles as well as other vehicles. In addition, some laws specifically apply only to bicycles. Some of these bicycle safety laws include:
- Cyclists are required to travel as near to the right as practicable. However, bicycles can legally occupy the left or center of the lane when turning left, to avoid hazards, if the lane is too narrow to share with another vehicle, or when passing another vehicle.
- Bicycles ridden at nighttime must have a white headlamp and either a red taillamp or red rear reflector.
- Driving with the intent to annoy, harass, intimidate, injure, or obstruct a bicycle is a high and aggravated misdemeanor known as aggressive driving.
- Driving with reckless disregard for the safety of cyclists is a misdemeanor reckless driving offense.
- Drivers are required to leave a distance of at least three feet when passing a bicycle.
- Helmets are required for riders under the age of 16. However, riders cannot be fined for failing to wear a helmet, and the lack of a helmet is not considered negligence or comparative or contributory negligence on the part of the rider. Lack of a helmet should not lessen an injured rider’s ability to get compensation from a negligent driver who causes the wreck.
Bicycle laws can be confusing. For more questions, we recommend contacting an experienced bicycle accident lawyer in Atlanta who can professionally evaluate your case.
What are the Most Common Atlanta Bicycle Accident Injuries?
Although bicycle riders can suffer a variety of injuries due to their limited protection, some injuries are reported more frequently than others. The most common bicycle accident injuries include:
- Head Injuries: Even if a bicyclist is wearing a helmet, they can still suffer skull fractures, traumatic brain injuries, concussions, and hematomas, all of which are serious injuries that often require long-term medical treatment.
- Neck and Spinal Cord Injuries: These can range from minor strains to permanent total or partial paralysis. Many spinal cord injury victims require lifelong skilled nursing care that can be challenging for families to afford.
- Broken Bones and Fractures: Bicycle riders often suffer injuries to their wrists, ankles, and collarbone due to impact with a car or pavement.
- Internal Injuries: The force of the accident and impact with the pavement, motor vehicle, or other object can result in internal injuries. Internal injuries do not always immediately manifest themselves and can have life-threatening consequences if left untreated. Therefore, it is always best for injured bicycle riders to seek medical attention immediately after an accident.
- Road Rash and Abrasions: Even with protective clothing, many bicyclists sustain severe road rash and scrapes when they come into contact with the pavement.
- Facial Injuries: Impact with the pavement or other objects can lead to broken jaws, teeth, and noses.
What Compensation Is Available After a Bicycle Injury?
Georgia law allows bicycle accident victims to seek financial compensation through a personal injury claim for economic and non-economic damages. Many accident victims suffer serious injuries that result in considerable medical expenses.
At Durham Law, our skilled Atlanta bicycle accident attorneys can determine what damages you may be entitled to recover and work to maximize your compensation.
Economic Damages
Economic damages are awarded to bike accident victims to reimburse them for out-of-pocket expenses and often include:
- Past and current medical bills,
- Future medical costs related to ongoing care, such as physical therapy and rehabilitation.
- Lost wages that you did not earn during your recovery period.
- Loss of earning potential if you are unable to return to the type of work you performed before you were injured.
- Property damage to pay for a new bike, helmet, or other property damaged in the accident.
Non-Economic Damages
Non-economic damages depend on the facts of the case and cannot be assigned a specific dollar value. Also called pain-and-suffering damages, they are subjective. It is best to have a knowledgeable bike accident lawyer on your side to help you pursue fair compensation.
Common damages include:
- Emotional distress
- Loss of enjoyment of life if you can no longer participate in activities you enjoyed before being injured.
- Permanent disfigurement and scarring
Punitive Damages
In personal injury cases, victims must present clear and convincing evidence that proves the incident warrants punitive damages if the defendant’s conduct constituted fraud, misconduct, or malice. Under Georgia law, a judge in a jury trial or a judge in a bench trial will determine whether you are eligible for punitive damages, so it pays to have a skilled personal injury lawyer working on your behalf.
Contact Our Atlanta Bike Accident Attorney Today to Learn How We Can Help
Durham Law is an Atlanta law firm committed to helping accident victims recover compensation for harm caused by someone else’s negligence. Our goal is to help you get the medical care and compensation you need to deal with your injuries and move on with your life after a serious crash.
If you or a loved one needs an Atlanta bicycle accident attorney, call Durham Law Group at 404-845-3434 for a free consultation.
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