Georgia laws grant cyclists in Duluth significant legal protections from being injured due to another person’s negligence when riding a bike. Many injured cyclists think that after being involved in a bicycle accident that is due to another driver’s negligence, the driver’s insurance company will automatically pay their medical bills and cover losses; or that because they were partially at fault, there is no case. However, to file a bicycle accident claim, there are specific rules regarding fault, time limits, and procedures that must be followed. If these rules are not adhered to, the insurance companies often delay, refuse, or try to settle for less than what is owed on legitimate bicycle accident claims.
As an attorney and advocate for the rights of injured cyclists in Duluth, I, Franklin R. Evans help my clients understand how the law protects them after being involved in a serious bicycle accident. Many injured cyclists are surprised to learn that just because they were struck by a motor vehicle while riding, that this does not necessarily mean they will receive fair compensation. Insurance companies and vehicle operators often deny cyclist’s claims by stating that the cyclist violated traffic rules or contributed to their injuries, even when there was clear negligence on behalf of the driver.
At Evans Injury Attorneys, we provide education and support to all injured cyclists, preserve important evidence, and ensure that negligent vehicle operators and other individuals responsible for an injury are held accountable. With the right legal approach to bicycle accident claims, these claims can be processed more efficiently, challenges to fault can be made, and full compensation for medical expenses, lost wages, and long-term disability can be obtained.
Duluth is a city that is experiencing great growth through the addition of many new housing developments, more active business areas, and, unfortunately, increasing levels of traffic congestion. Many of the residents of Duluth cycle as a mode of transportation and for recreational enjoyment; however, Duluth’s streets/roads and the patterns of traffic create significant hazards for cyclists.
Distracted Drivers in Gwinnett County continue to have high accident rates for pedestrians and cyclists. On major thoroughfares such as Peachtree Industrial Boulevard, Buford Highway, Satellite Boulevard, and Pleasant Hill Road, cyclists are required to share vehicle lanes with large SUVs, delivery trucks, commercial vehicles, etc., while at the same time travelling at very high rates of speed without any infrastructure (bike lane, etc.) set in place.
In addition to the conditions listed above, there are many additional hazards relating to cyclist safety, including poor lighting in certain areas, distracted driving, rideshare traffic, and drivers who may not be aware of Georgia’s bicycle laws. Cyclists, unlike drivers, do not have the benefit of being surrounded by a protective vehicle in the event of an accident. An accident, even at a slow speed, can result in severe or catastrophic injuries to a cyclist.
A bicycle accident claim is an example of a personal injury claim made against someone who caused a cyclist’s injuries because of their negligent actions. Bicycles are treated as vehicles under Georgia law, therefore allowing cyclists to have many of the same rights and responsibilities as a driver.
Insurance companies often treat bicycle accident cases with a great deal of skepticism despite the fact that many cyclists assume their medical bills will be automatically paid after being involved in a bicycle accident. Often, drivers will attempt to place the blame on the cyclist, claiming that they caused the accident, broke traffic laws, or that they came “out of nowhere.”
As a Duluth auto accident attorney, my job is to protect cyclists from being unfairly blamed for the accident, gather evidence, and create a valid claim that can establish both liability and damages.
Whether you have a valid claim depends on four legal elements:
Drivers owe cyclists a duty to operate their vehicles safely, follow traffic laws, and watch for vulnerable road users.
A breach occurs when a driver speeds, texts, fails to yield, drives impaired, or otherwise acts negligently.
You must show the driver’s breach directly caused your injuries.
To succeed in your claim, you must show that you’ve suffered real damages, like having to pay for medical treatment, losing income, or experiencing physical or emotional distress.
Even if you think that you might be partly to blame for your injuries, in Georgia, this does not prevent you from having a valid claim.
Almost all bicycle crashes can be avoided if the motorist was not negligent. The most frequent reasons for bicycle crashes include:
Determining the actual cause of a crash is essential in determining who is liable to pay compensation and in obtaining maximum compensation.
The laws in Georgia state that bicycles are vehicles under the law. This may seem surprising to many drivers, and to most of the cyclists.
The laws in Georgia give the cyclists the same rights to use the roadways and give them the same protections as the motor vehicle drivers. In addition, there are several important things that cyclists must follow, including riding on the right-hand side of the roadway, obeying all traffic signals, riding with the flow of traffic, and utilizing lights after dark.
Although Georgia law does not require adult cyclists to wear helmets, there are arguments made by drivers defaulting to this law regarding insurance coverage and liability based upon whether the cyclist was wearing a helmet when injured or not.
Knowing how these laws fit into your situation is extremely important when dealing with insurers who may try to incorrectly apply these laws in order to deny you benefits under your policy.
Cyclists sustain many serious injuries as a result of the lack of any type of external protection when riding a bicycle. There are a number of these injuries, including:
Some injuries continue to be aggravated over time; thus, medical treatment and documentation of injuries is necessary as soon after an accident occurs.
Your actions immediately following an accident can have an important effect on your health, as well as the ability to recover on your claim.
It is very important to seek medical treatment right after an accident, even if your injuries appear to be “low-level”. Often serious injuries do not show up until sometime after the incident.
Where possible, take pictures of the scene, find and write down the names and phone numbers of witnesses and gather the insurance information from the responsible driver. Do not provide any recorded statements to the insurance company until you have talked to an attorney who has experience with bicycle accident claims.
As soon as possible after you get treatment for your injuries, you should contact an experienced Duluth accident injury attorney. Evidence will be lost quickly, and the insurance company will begin to build a defence against your claim almost immediately.
Bicycle accident claims are usually handled quite differently than claims of car to car accidents by the Insurance Companies. Cyclists are often held at fault for the accident, rather unfairly. Some of the most common tactics used by Insurance Companies to minimize payouts include; Denying the extent of a cyclist’s injuries; Claiming that a cyclist broke a traffic law and therefore is at fault; Disputing a cyclist’s medical treatment; Offering low payments quickly to help minimize a cyclist’s payout.
Insurance Companies use these tactics in an effort to limit any financial compensation for the injuries a cyclist may have sustained, prior to the cyclist obtaining full knowledge of their injuries. Using an experienced bicycle accident law firm to negotiate on your behalf helps better protect your rights.
The liability for bicycle accidents is typically greater than just the driver.
The possible parties that could be liable for bicycle accidents include: negligent drivers, employers (in the case of a commercial driver), rideshare companies, contractors of construction, responsible for the maintenance of roads, and manufacturers of bicycles or components of the bicycle.
As injury attorneys in Duluth, we look at all possible sources of liability to ensure that all available avenues for recovery are maximized.
The injured Cyclists may receive both types of damage recovery & economic damages.
There are also, in very limited situations (usually for severe misconduct), punitive damage statements available in the lawsuits filed against the bicyclist.
In Georgia, they use a modified comparative negligence standard which allows individuals to recover damages as long as they were less than 50% responsible for their injuries.
If an injured individual was at fault for their injuries to the extent that they were partially at fault, that individual will have their claim reduced based on their percentage of fault. If an individual is 50% or more at fault, they cannot recover for their injuries. Therefore, reliable fault assessments and credible evidence will be required in order for the injured parties to receive compensation.
Bicycle accident deaths are tragic. Family members of the deceased can seek “Full Value” for their lost loved one under Georgia Law or “wrongful death statute”.
The complexity and emotional impact of these types of cases are substantial. Experienced Duluth Bicycle Accident Attorneys offer families compassion and competence through the entire process.
In the majority of cases, the Georgia statute of limitations for filing a bicycle accident lawsuit is two years from the date the accident occurred. However, if your injury is related to a minor or a government entity, different deadlines may apply.
Failure to meet the deadline will permanently disallow your claim, regardless of how strong the claim may be.
Evans Injury works exclusively on a contingency fee basis, meaning you do not need to make any payments until we are successful in recovering money for you and until we do not charge any legal fees to you.
This gives injured cyclists the ability to seek justice without taking on any financial burden.
By Attorney Franklin R. Evans, Evans Injury
A cyclist in Duluth reached out to our office after being hit by a car while riding on a heavily travelled road by Satellite Boulevard. The motorist alleged that the cyclist had some blame because they “came out of nowhere.” One would think, therefore, that the insurance carrier would then look to either lessen or completely deny any liability for the accident. As a result, the insurance company delayed any payments for medical bills and lost wages until they sorted out who was at fault.
Immediately after being contacted by the cyclist, our firm performed a detailed investigation of the accident. We obtained video footage from traffic cameras; we interviewed witnesses to the accident, obtained police reports regarding the accident, and communicated with medical providers regarding the full extent of injuries to the cyclist and how future medical treatment would be required. We were also able to show that the motorist was not paying attention and failed to yield when he collided with the cyclist.
Using active legal advocacy techniques, we were able to obtain complete compensation for the medical bills, lost wages, and long-term care expenses of the victim. In addition, the settlement provided an opportunity for the victim to heal physically with no financial burden associated with their treatment, while holding the at-fault driver accountable for their actions in accordance with Georgia law.
Evans Injury is not a high-volume firm, as the nature of bicycle accident cases requires thorough investigation and technical knowledge, along with aggressive advocacy for our clients’ rights.
A majority of clients choose Evans Injury because we prepare every single case as though it were headed for trial, we are direct and honest with our clients, and we concentrate exclusively on serious injury cases. Since we have developed a relationship with roads, insurance companies, and courts in Duluth, we offer our clients an advantage over those who do not.
A major collision on a bicycle alters every aspect of your existence, including your overall health, source of income, and possibility of you getting back on your bike or returning to work. It’s important to take prompt legal action after being involved in a bicycle accident as this will ensure you maintain your rights under Georgia law to receive medical care, to regain wages, and to receive full compensation for your damages. Because of the nature of the claims that involve cyclist being involved, insurance companies will act hastily to limit payouts; therefore, legal assistance early in the claims process is essential.
At Evans Injury, our experienced attorneys assist injured cyclists in Duluth, Georgia with navigating the complexities of bicycle accident claims, contesting false blame, and ensuring they receive the compensation they are entitled to. We bill nothing upfront and will not impose any attorney fees until we have successfully recovered compensation for you.
Contact (678) 792-0067 Evans Injury today for a free consultation with an experienced bicycle accident lawyer in Duluth and get clear answers about your legal options.
You can still recover damages in a personal injury case in Georgia. Under Georgia’s modified comparative negligence statute, you can recover full damages if you are less than 50% at fault, for example, if you’re 25% at fault, you will receive 75% of your damages.
The length of time necessary to resolve bicycle accident lawsuits can vary considerably. Some lawsuits settle quickly, within a few months; others can take many months or years longer than anticipated, particularly when liability issues are disputed or if you’re dealing with extensive and continuing medical treatment.
Stronger Evidence than just a Witness Statement to an Insurance Company and the video/photographs of the Accident that Insurance Companies use to enforce the laws will be available through Witness Statements, the Video Footage and Accident Reconstruction.
Yes. The State of Georgia does not require a Bicycle Operator over the age of 18 Years to wear a Helmet, and Insurance Companies will typically bring this matter up during any Settlement Negotiations for the Injured.
At Evans Injury all representations are contingency fee based. There is no money paid before or during the representation, there is also no attorney fee unless a recovery is made on your behalf.
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