Kennesaw Bicycle Accident Lawyers
You Deserve Fair Compensation
If you were minding your own business, enjoying a bicycle ride on a hot summer day, and a distracted driver hit you, you may not even know where to start. Piedmont Injury Law is here to explain your legal options and guide you through the entire process.
Our law firm offers a free consultation and works on a contingency fee basis because everyone deserves access to quality legal services. Call 678-658-2283 to schedule your free consultation with a bicycle accident lawyer today.
What Rights Do Cyclists Have Under Georgia Law?
In Georgia, cyclists are legally treated as drivers of vehicles. This means they have the same rights and responsibilities as motorists on the road. If you are riding a bike in Kennesaw, you have the right to occupy a traffic lane, use hand signals, and expect other drivers to treat you with the same level of caution they would extend to other motor vehicles.
The three feet law requires drivers to maintain a minimum safe passing distance of three feet when overtaking a bicycle rider. Failing to observe this law not only puts cyclists at serious risk but can also serve as strong evidence of negligence in a personal injury claim.
Cyclists are also entitled to ride on most public roads, except where specifically prohibited, like interstates. If a designated bike lane is available, riders may use it but are not required to do so unless local ordinance dictates otherwise.
Not all drivers respect these laws, and violations often lead to preventable bicycle accidents. When a motorist disregards a cyclist’s rights and causes harm, that driver and their insurance company can be held legally and financially accountable.
Are you ready to hold negligent drivers accountable? Do you need help dealing with the driver’s insurance company? Call 678-658-2283 to speak with a skilled bicycle accident lawyer today.
What Should You Do After a Bicycle Accident?
When you are involved in an accident with a motor vehicle, do the following:
- Move to a safe area and check yourself for injuries
- Call 911 and request a police officer and a police report
- Exchange contact and insurance information with the driver
- Take photos of the scene, damage, and injuries
- Seek immediate medical attention, even if your injuries seem minor
- Save all medical records, receipts, and insurance correspondence
- Contact a Kennesaw bicycle accident lawyer with Piedmont Injury Law
Seeking medical treatment and following your doctor’s treatment plan is imperative to building a solid personal injury case.
How Do You Deal With the Driver’s Insurance Company?
The driver’s insurance company will likely contact you as soon as possible, possibly while you’re still in the ER. Dealing with aggressive insurance companies can be intimidating. These agents have a script to follow and strategies they use to pay out as small a settlement as possible. What you do now can make or break your bicycle accident case.
They are going to use a friendly demeanor and make it seem like they intend to take care of you and do what’s right. What they are actually doing is looking for a misstep and already building their defense against your claim. There are two things you must keep in mind when dealing with an insurance agent.
- Do not, under any circumstances, give a recorded statement without first speaking to a Kennesaw bicycle accident lawyer. This statement will be used against you.
- Better yet, don’t speak with the insurance company at all without first talking to an attorney.
The insurance company may offer what seems like an acceptable settlement, but does that settlement cover your lost wages and future medical expenses? An experienced bicycle accident lawyer will be able to come up with a fair settlement that covers all economic and non-economic damages. If the insurance company refuses to do the right thing, Piedmont Injury Law is not afraid to represent you throughout the legal process, including litigation when necessary.
What Injuries Are Common in Bicycle Accident Cases?
Cyclists are extremely vulnerable in a crash, especially when sharing the road with larger motor vehicles. While a helmet and other safety gear help protect you in the case of minor falls or accidents, they may not be enough to prevent serious, life-altering injuries when involved in a car accident. Some of the most common injuries we have seen in bicycle accident cases include:
- Head injuries, including concussions and traumatic brain injuries (TBIs)
- Spinal cord injuries, which can lead to paralysis or chronic pain
- Broken bones and fractures, especially in the arms, legs, and collarbone
- Road rash, lacerations, and deep bruises
- Internal injuries, including bleeding or organ damage
- Soft tissue damage, like torn ligaments or muscle strains
- Psychological trauma, including PTSD, anxiety, and depression
Even what you deem as a minor injury can result in long-term complications. Always seek medical treatment and document every aspect of your recovery.
What Are Damages?
In personal injury law, damages refer to the financial compensation awarded to a person who has suffered harm due to someone else’s negligence or illegal actions. Damages are meant to make the injured party whole again by recovering their losses.
There are two types of compensatory damages:
Economic Damages
These are measurable, out-of-pocket expenses:
- Medical bills
- Future medical costs, like physical therapy
- Lost wages
- Loss of earning potential
- Property damage
- Money spent on transportation to medical appointments
Non-Economic Damages
These compensate for losses that don’t come with a direct dollar amount:
- Pain and suffering
- Emotional trauma and mental anguish
- Loss of enjoyment of life
- Disfigurement or permanent disability
Punitive Damages
Punitive damages are rarely awarded and are only awarded when the at-fault party acted with gross negligence or willful misconduct. They are not considered compensatory as they are meant to punish a particularly reckless driver.
How Much Compensation Should You Expect?
There is no simple answer to this. Understandably, you would like to know the value of your damages so you can plan your recovery around them. You want maximum compensation for your extensive medical care and painful injuries, and the other party’s insurance adjuster is doing nothing but giving you the run around.
The best way to determine the value of your claim is to speak with our dedicated team of bicycle accident lawyers, who have legal knowledge that is only gained through a track record of success. Piedmont Injury Law has the experience necessary to evaluate the extent of your damages, investigate the other parties involved, calculate your total lost income, and consider your injuries that require extensive medical care.
With that knowledge, we will be able to tell you the value of your claim and then pursue compensation. You won’t have to play the insurance claim guessing game because you will have an attorney on your side who is ready to seek compensation for the mental and physical injuries you have suffered.
Can You File a Bicycle Injury Claim If You Weren’t Wearing a Helmet?
You can file a claim, even if you weren’t wearing a helmet at the time of the bicycle accident. While wearing a helmet and other safety gear is strongly encouraged, Georgia law does not require adults to wear them.
However, it can influence your bicycle accident lawsuit in the following ways:
- Comparative Negligence: Georgia follows a modified comparative negligence rule. If the insurance company argues that your injuries were worse because you weren’t wearing a helmet, your compensation could be reduced, but only if they prove that it increased your level of fault.
- Types of injuries matter: Not wearing a helmet might be relevant in cases involving head trauma. If your injuries are unrelated, such as broken bones, the helmet may not be a factor at all.
- Burden of Proof: The defendant or their insurer must provide evidence that your lack of a helmet directly contributed to the severity of your injuries.
- Legal Representation is Key: A skilled bicycle accident lawyer can counter exaggerated blame and help protect your right to compensation.
If you are worried that your lack of a helmet is going to damage your claim, speak with a bicycle accident lawyer as soon as possible. We can help put your fears to rest.
Do You Really Need a Bicycle Accident Attorney?
If you are tired of dealing with insurance adjusters, feel lost about your legal options, or don’t know how to establish liability, you could benefit from the assistance of an experienced personal injury attorney.
Piedmont Injury Law can assist you with your claim. Get started by calling 678-658-2283 and schedule a free consultation. You deserve compensation, and our team will fight for you and your rights.
