Bicyclists are far more likely to suffer catastrophic injuries in accidents. If you are a bicyclist with severe accident injuries, you might spend months or even years recuperating. Many bike crash victims suffer debilitating injuries that permanently impact their lives.
If you were struck by a vehicle while riding your bike in Austell, GA, you might be entitled to compensation for your injuries and pain and suffering. You can learn about holding the liable party accountable and making them pay for their negligence. An Austell bicycle accident lawyer at Kaine Law is ready to review your next steps with you during a free consultation.
What Damages Can Bicycle Accident Victims Recover in Austell?
When someone else is responsible for causing your bicycle accident injuries, you have the right to be compensated for every way the accident has affected your life and the injuries you suffered. To ensure every loss is considered, your lawyer will need to categorize your damages as either economic (financial) or non-economic (non-financial).
Economic damages include all your monetary losses, such as:
- Medical expenses
- Bicycle repair or replacement costs
- Hospital bills
- Prescription medication costs
- Unexpected child care expenses
- Cost of household upkeep and maintenance
- Lost or reduced wages
- Loss of potential future earnings
Non-economic damages do not have a fixed monetary value. They encompass the ways your life has been affected by the bicycle accident and your injuries. Some commonly awarded non-economic damages include:
- Physical pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Loss of companionship and love
- Disfigurement and scarring
- Reputational damage
- Loss of society and support
Our Austell, GA bicycle accident attorney will assess damages from both categories to determine how much you should request and be awarded if you receive an insurance settlement or court-ordered award. Learn about how pain and suffering is calculated.
For a free legal consultation with a bicycle accident lawyer serving Austell, call 404-214-2001
How Our Austell, GA Personal Injury Lawyers Can Help After a Bicycle Accident
At Kaine Law, our attorneys will manage your bicycle accident case, leaving you to focus on your recovery while we handle everything. After we meet with you and learn the details of your accident, we will:
- Gather and review evidence that supports your case
- Identify all liable parties in the accident
- Prove how the liable parties’ negligence caused your accident
- Speak with witnesses to record statements from them
- Assess all your damages and establish a value for each
- Communicate with all involved parties, including the liable party’s insurance company
- Present your claim for damages (medical bills, lost income, and other losses)
- Negotiate with the insurer for a favorable settlement
- Prepare and file a lawsuit within Georgia’s statute of limitations if we don’t reach a settlement
- Seek your financial award in court
You have a legal advocate in us. We will always look out for your interests, protect your rights, answer your questions and concerns throughout the legal proceedings. We will also keep you updated on all developments so that you will know what to expect. Learn about average bicycle accident settlements in Georgia.
Austell Bicycle Accident Lawyer Near Me 404-214-2001
Georgia’s Statute of Limitations Applies to Your Austell Bicycle Accident Case
Working with our Austell bicycle accident lawyer on your case will ensure you file your lawsuit on time. Failing to promptly meet Georgia’s statute of limitations deadline could adversely impact your ability to recover compensation.
Generally, under O.C.G.A. § 9-3-33, bicycle accident victims will have up to two years to file a lawsuit. However, if you pursue a civil lawsuit against a government agency, this deadline could be shortened to as few as six months under O.C.G.A. § 36-33-5.
If you don’t file your lawsuit before the statute of limitations expires, you risk losing your chance to pursue damages, as the judge will likely dismiss your case should you attempt to pursue it.
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How Georgia Contributory Negligence Laws Could Affect Your Case
Some bicycle injury victims may find the other party may try to claim they share fault for their injuries and accident. Fortunately, you can still seek compensation even if you are partially responsible for the crash. Under Georgia’s contributory negligence laws, found at O.C.G.A. § 51-12-33, if you are less than 50% liable for the accident, you can still recover compensation. However, it will be reduced in proportion to your percentage of the fault.
If, for example, you failed to cross the street using the bike lane of traffic when a distracted driver struck you, you could be found 20% liable for your injuries. If you were awarded $100,000, your injury settlement would be reduced by 20%; your final bicycle accident injury settlement would be $80,000.
We Will Work to Prove the Other Party’s Liability Is Greater Than Yours
The impact of sharing even a moderate amount of liability for the accident could dramatically affect the amount you are awarded. Our Austell bicycle accident attorney will advocate for your rights to ensure that fault is fairly assessed in your case.
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Liability for Bicycle Accidents in Austell, Georgia
Most bicycle accidents occur when a motor vehicle strikes a bicyclist. Generally, for these claims to be successful, your attorney must prove the driver who hit you is responsible for your injuries. The driver could have caused the collision in many ways, but some of the more common types of negligent driving seen in bicycle accident claims include:
- Cell phone use or other types of distracted driving
- Speeding violations
- Failure to be aware of their surroundings
- Failure to adhere to traffic safety laws
- Driving too fast for weather or traffic conditions
- Following too closely
- Driving while tired
- Operating a vehicle under the influence of drugs or alcohol
Other Potential Liable Parties in Bicycle Accidents
It should be noted that negligent drivers are not the only cause of bicycle accidents in Austell. An in-depth investigation into your bike collision could uncover if road conditions, bike or vehicle defects, or other third-party negligence caused or played a role in your accident or injuries.
This might include government agencies tasked with maintaining the integrity and safety of the roadways, auto and/or bike part manufacturers, and other third parties.
Common Bicycle Accident Injuries
Bicycle accident victims in Austell hesitate to reach out to a lawyer for help for various reasons. In many cases, they believe their injuries are not severe enough to warrant the pursuit of civil action. However, the type of injuries you sustained is not necessarily what determines whether you have the right to compensation. Your injuries’ impact on your life will help determine how much your bicycle accident claim is worth.
Some injuries that commonly occur in Austell bicycle accidents include:
- Internal bleeding
- Organ failure
- Full-thickness burns
- Road rash
- Head and neck injuries
- Traumatic brain injuries (TBIs)
- Spinal cord injuries (SCIs)
- Loss of limbs
- Post-traumatic stress disorder (PTSD)
If you suffered bicycle accident injuries not included in the list above, you may still be able to hold the liable party accountable for your damages. You can reach out to our legal team for help.
Contact Our Lawyer About Your Austell, GA, Bicycle Accident Today
The bicycle accident claims process may be overwhelming. Still, when you have an Austell bicycle accident lawyer at Kaine Law advocating for your right to total compensation, you can recuperate from your injuries while we focus on preparing the strongest case possible.
Get a free, no-obligation consultation today about your accident when you give our office a call at (404) 214-2001.