You might have a case against other parties if they cause a bicycle accident that led to your injuries. One of the Union City lawyers at Kaine Law can determine if you have a valid legal claim and pursue compensation for your damages.
Establishing Fault in Bicycle Accident Cases
In a bicycle accident case, you must establish that another party is responsible for causing the accident, and ultimately, your injuries. To make your case, we must find evidence of negligence or some type of careless or reckless behavior that endangered the safety of others. Negligence generally consists of proof of four distinct elements, which include:
- The at-fault party owed a legal duty of care to the injured party.
- The at-fault party breached their duty of care.
- The breach in the duty of care directly caused the accident at issue.
- Damages or injuries resulted from the accident.
In some cases, establishing fault in a bicycle accident is relatively straightforward. For instance, a driver who speeds, drives while distracted, or fails to stop at a red light and strikes a bicyclist is likely negligent in causing the accident. In other cases, negligence may be disputed, or more than one party may be at fault for causing the accident.
Knowing Who May be Responsible for Your Injuries
In some cases, someone other than a negligent driver may be responsible for causing a bicycle accident that leads to injuries. For example, an unmarked pothole or other road hazards can make a government agency responsible for your injuries. Defective brakes on your bike that caused your injuries can result in a parts manufacturer being responsible for your injuries.
The court might even find that you could have violated some of the road rules. However, all hope is not lost. Under O.C.G.A. § 51-12-33, if you were partially responsible for the accident, you may still be able to recover some compensation for your losses, depending on the situation. However, your total damages will be reduced based on your percentage of fault.
You can count on a bicycle accident lawyer with our firm to get you the financial recovery you need after getting injured in Union City.
Recovering Compensation in Your Bicycle Accident Case
Depending on the extent of your injuries and losses related to your bicycle accident, you might be eligible for different types of compensation in a personal injury claim. The amount of compensation varies widely according to the severity of your injuries and other losses.
Your lawyer can evaluate your losses and quantify them accordingly. You might be able to recover the following damages:
Property Damage to Your Bicycle
If your bicycle is damaged in the crash, you can recoup the costs of repairing or replacing your bicycle, along with any other property damaged in the accident.
Medical Expenses for Your Injuries
You can seek compensation for the costs of treating your injuries after an accident. These expenses might include surgical and hospitalization costs, rehabilitation bills, and home health care, if necessary. You might also have costs that include medical assistive devices, medications, and transportation to receive medical treatment.
Lost Income if You Have to be Off Work to Recover from Your Injuries
If you lose time at work while receiving medical treatment or recovering from your injuries after a bicycle accident, you can seek compensation for lost income.
Further, if you are permanently unable to return to your job after an accident, you may be able to claim compensation for loss of future earning capacity.
Physical and Emotional Pain and Suffering
Physical pain and suffering and emotional trauma from the accident may be compensable if your injuries are so debilitating that you can’t participate in activities you did prior to the accident.
Understanding How Our Law Firm Can Help You and Your Family
At Kaine Law, we have a track record of our dedication to getting compensation for injury victims and their families.
One of our clients, B.S. from Roswell, Georgia, said, “Evan Kaine is a great attorney who kept me informed on all activity regarding my case. Always willing to go the extra mile to put me at ease. Very knowledgeable and thorough, always examining my case from every angle. I have recommended him to several friends and will continue to do so. Overall great legal service.”
We can give you the information and advice necessary to make decisions about your case and answer your questions as they arise. You can focus on your injuries on recovery from your bicycle accident, while we focus our efforts on getting compensation for your injuries and related losses.
Getting Our Representation in Your Legal Case
You can call us any time to talk to us about your case. One of our team members will offer you a free case consultation in which you can discuss your bicycle accident.
If you have a valid legal case and decide to hire our law firm, you may be concerned about paying for our services in light of your medical bills, lost income, and other expenses. However, we take your case on contingency, which means that you will pay nothing up front for us to begin work on your case.
We only receive payment for our services as part of the settlement or compensation award that you receive for your injuries.
Knowing How Long You Have to File Your Bicycle Accident Case
We can usually negotiate a settlement with the at-fault party’s insurer, but there are times where it doesn’t work out that way, so our next step would be to file a lawsuit. Learn how much an average bicycle accident settlement is.
O.C.G.A. § 9-3-33 gives you only a limited time to do so. Although there are some exceptions, you generally must file your case in court within two years of the date of your accident. Missing this deadline can lead to you being unable to pursue your claim for compensation related to your injuries.
Given sufficient notice, your lawyer can make sure we bring your lawsuit against the at-fault party on time.
Call Kaine Law for Help with Your Bicycle Accident Case
At Kaine Law, you can count on one of our lawyers to guide you throughout your Union City bicycle accident case proceedings. We want to take some of the pressure off you and your family by helping you with your claim.
Contact our office today at (404) 214-2001 for a free consultation and get more information about our legal services. We stand ready to represent your interests throughout your bicycle accident case.