Biking in Georgia, and in Gwinnett County, in particular, can be a great way to enjoy the wonderful weather and scenery of our beautiful piece of the United States. However, no matter how safe and vigilant you are on a bike ride, there is no certainty that you will not be hurt in an accident. The unfortunate reality is that many drivers, both in Georgia and beyond, do not pay attention to the laws and regulations on the books intended to keep bike riders and pedestrians safe while sharing the road.
If you have been hurt in a bicycle accident that someone else caused, then you may be entitled to seek additional compensation from the driver or their insurance company, but the process of getting what you deserve is not always easy. In fact, if left up to the defendant and their insurance company or legal representation, you would settle the case for a fraction of what you are rightfully entitled to. Luckily, the team at the Pendergrass Law Firm is here to help.
Contact Us Now To Schedule a Free Initial Consultation About Your Biking Accident
We understand the stress and uncertainty that you will need to deal with after these types of accidents, which is why we think that it is so important for us to begin working together as soon as possible. In order to provide you with peace of mind and an understanding of what you can expect in the future—at least in terms of your legal prospects—we offer a free initial consultation to discuss the unique situation that you are in.
During our call, we will be able to discuss your bicycle accident, the injuries that you have suffered, and get to understand the impacts that these injuries have had on your life so far. In addition, we will be happy to answer a variety of questions for you both about past cases that we have had similar to yours, as well as how we can help you move forward with your own unique situation. These calls can be extremely helpful to address the uncertainty and anxiety that can arise from not knowing how you will recover from the financial impacts of these types of accidents, and we will be happy to help take on these worries so that you can focus on your personal needs.
Read more below about bicycle accidents in Gwinnett County, and contact us now to speak directly with a Gwinnett County personal injury attorney today.
Who Is At Fault For a Bicycle Accident?
One of the first questions that must be answered following an accident is the question of fault. Was the cyclist engaging in dangerous behavior, or violating any traffic laws that put them at risk leading up to the accident? If so, then the driver who was also involved in the accident may not be at fault for the crash, and therefore not liable for the cyclist’s injuries. If, however, the cyclist was obeying the rules of the road and it was the driver who caused the accident, then the driver is at fault, and will likely, therefore, be held liable for paying the damages.
Proving who is at fault for an accident can be more complicated than you may first imagine, since in many instances it may be the bike rider’s word against the driver’s word. There are a variety of different ways that we will work with you in order to establish fault at the start of your cause, though, so that we can move forward and focus on calculating the damages that you are entitled to without being bogged down by this important question.
We will need to rely on your own account, other eyewitness accounts, possible surveillance footage, the accident report, and other documentation that will help us to ensure that you are not held responsible for any more fault than necessary.
Comparative Fault in Georgia Bicycle Accidents
Georgia, like many of the states, uses a rule called “comparative fault” in personal injury cases such as bicycle accidents, and allows for a victim to seek compensation for an accident as long as they are 49% or less responsible. However, while this provides the ability for a victim to admit partial fault and still be entitled to compensatory damages, their final award is reduced by the amount that they are at fault. Insurance companies will attempt to manipulate this law to their own advantage by trying to argue that you are more at fault than you truly are, in order to agree to the full damages but still save themselves as much money as possible.
Calculating Damages After a Gwinnett County Bicycle Accident
Once we have determined the appropriate fault for the accident, the next step is to calculate the damages that we believe you are entitled to. We will do the research necessary to calculate these damages at the same time the insurance company is performing their own investigation, and you will be shocked at the difference between their initial offer and the amounts that we have arrived at independently. This gap in amounts will require aggressive negotiations to close, and if we are unable to reach a settlement agreement that works for you, the next step will be to file a lawsuit in the Georgia courts and begin the process of preparing for a trial.
Economic damages are the basis of a personal injury case, and they seek damages for actual measurable losses, expenses, and financial impacts that you will suffer as a result of your injuries. These damages are comprised of your medical bills and all associated treatment costs, such as physical therapy, assistive devices, prescriptions, copayments, and all other medical damages.
In addition to medical costs, we will calculate the impacts on your income, as well as your short-term and long-term earning ability if your injuries have impacted your ability to work. Finally, we will consider all of the services that you may have needed to hire that you would have otherwise performed on your own, such as grocery shopping, cleaning, and anything else that we can prove was the result of your accident.
Non-economic damages are much more difficult to calculate than economic damages, because they seek financial compensation for impacts on your emotional, physical, and psychological health such as the actual pain and suffering that you endure from your injuries. There are a variety of methods that Georgia personal injury attorneys will use to calculate these damages, and we will determine the most appropriate method as it relates to your unique situation.
As you can imagine, these damages receive a lot more pushback from the insurance company, as there is a lot less concrete evidence or proof of the amounts being requested. However, with an aggressive attorney representing you throughout this process, you can be confident that your team at The Pendergrass Law Firm will be fighting for every dollar you deserve.