Proving a bicycle accident personal injury claim

In order to prove that the negligent parties are responsible for their clients’ injuries, bicycle accident lawyers must prove the following four elements of all personal injury actions:

1. The driver had a duty of care

Anyone operating a vehicle on the roadway or sidewalk has a duty of care to others, particularly to vulnerable bicyclists. This means that car drivers and other motorists must obey traffic laws and try to avoid collisions with other vehicles and bicycles.

2. There was a breach of the duty of care

In order to prove liability, a personal injury attorney must be able to show that the actions of the driver weren’t consistent with their legal duty of care. For instance, they were operating their vehicle at an unsafe speed, or they were texting while driving and failed to keep their car out of the bike lane.

3. Their breach of duty caused an accident

A driver who fails to yield the right of way to a bicyclist and then hits them would have breached their duty. Another example is someone who fails to look in their rear-view mirror when opening their car door, causing the bicyclist to hit their car.

4. The bicycle accident caused damage

Because most bicyclists are injured in motor vehicle accidents, there are almost always provable damages that a bicycle accident attorney in Stone Mountain can defend.
Before seeking compensation, a bicycle accident lawyer will have to determine whether these four elements are provable against the at-fault party.

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Common bicycle accident injuries

Bicycles offer almost no protection to riders, which is why bicycle accident injuries run the gamut from minor cuts and abrasions to severe injuries to fatal crashes. Here are some of the most common bicycle injuries that a bicycle accident lawyer in Stone Mountain sees:

  • Bruises, Cuts, and Abrasions: These occur in nearly every type of bicycle crash, even when the bicyclist is “nudged” at low speed
  • Broken Bones: Fractures are also common in minor bicycle accidents; even a fall from a bike can fracture a bone
  • Neck Injuries: Whiplash and other types of neck damage are common due to the lack of protective wear available
  • Traumatic Brain Injuries: One of the reasons safety experts encourage bicyclists to wear helmets is because of the ubiquity of this type of injury in a bicycle collision
  • Catastrophic Injuries: These are life-altering personal injuries, such as severed limbs, paralysis, and other types of wounds that cannot heal
  • Wrongful Death: If your loved one has lost their life because of a driver’s negligence, our personal injury law firm can pursue damages against the party at fault

At Pendergrass Law, we hold drivers who cause bicycle accidents accountable for their negligence. Call now to speak to a lawyer. At The Pendergrass Law Firm, we hold drivers who cause bicycle accidents accountable for their negligence. Call now to speak to a lawyer.

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What you should do if you are injured in a bicycle accident

The moments after bike accidents are critical to survival and for you to be able to exercise your legal options. If you have further questions about what you should do after a Georgia bicycle accident, talk to a bicycle accident lawyer at The Pendergrass Law Firm.

Get to a position of safety

If you’re on the roadway and can move, try to get to the sidewalk. However, do not leave unless you are in additional danger. Wait on the scene for help.

Call 911

Inform the dispatcher that you were in a bike accident, and then give them a description of the vehicle, including the license tag.

Talk to Witnesses

People frequently stop at bicycle collisions to check on injuries. Ask witnesses to remain until police arrive or ask them for their contact information.

Take Pictures

If you’re in a secure position, take photos of the accident scene, damage to your bike and the vehicle, your injuries, and geographic indicators. Your bicycle accident lawyer in Stone Mountain can use this evidence to pursue your claim for compensation.

Get Medical Attention

Do not be stoic. Most bike accidents involve injuries to the bicyclist, so allow the EMTs to examine you and if necessary, go to the hospital.

Contact a Georgia bicycle accident lawyer in Stone Mountain

The insurance company for the at-fault driver may send an adjuster to try to “help you file” a claim, but they’re hoping to settle your case before you can speak to a personal injury lawyer. 
The insurance company knows that if they can get you to settle before you talk to a lawyer, they can settle for much less money. A bicycle accident lawyer in Stone Mountain can examine your claim and determine the full amount of compensation that you’re owed.

Damage compensation in Stone Mountain bicycle accidents

There are three types of damages for a Georgia bike accident. Economic damages cover the monetary costs of your claim, like medical bills, lost income, and damage to your bike. Non-economic damages are also referred to as pain and suffering because they attempt to compensate you for your physical pain and emotional trauma. These are compensatory damages, and there are no caps on them in Georgia. Punitive damages are meant to punish at-fault drivers for extreme negligence. Georgia caps these damages at $250,000 for personal injury accidents.

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Other practice areas

We are a full-service personal injury law firm with multiple practice areas. Our Stone Mountain bicycle accident lawyers also represent individuals who have been injured in any of the following:

  • Car Accidents
  • Motorcycle Accidents
  • Truck Accidents
  • Slip and Fall Accidents
  • Pedestrian Accidents
  • Medical Malpractice Accidents
  • Wrongful Deaths
  • Pedestrian Accidents
  • Product Liability Accidents
  • All other accidents caused by someone else’s negligence

We represent injured victims seeking compensation. For a free consultation with a personal injury attorney in Stone Mountain, GA, call Pendergrass Law.

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