Bike Injury Attorney
Bike Injury Attorney
Updated: Sep 16, 2020, 12:25 am
Bicycle Accident Lawyer
If you or a loved one have been injured in a bicycle accident that was not your fault, you need a bicycle accident lawyer that knows how to help you get the compensation that you deserve for your injuries. Bicycling is a great source of physical activity, and it is the type of activity that we certainly want to encourage. However, one of the ongoing problems in our cities and communities is that the safety infrastructure of our roadways has simply not kept pace with the number of bicyclists.
How Great Is Your Risk of A Bicycle Accident?
The Mineta Transportation Institute has performed some excellent research on the risks associated with bicycling and some steps that should be taken to prevent bicycle accidents. As an increasingly large percentage of our population moves to more urban areas, we have to consider these issues. If you would like, you can read the Mineta Transportation Institute report.
- It is estimated that about 1 in every 5 million bike trips results in a fatal bicyclist accident. However, there are wide variations in the types of bicycling activities and locations that expose bicyclists to the most risk of an accident.
- In 2008, bicycle accidents with motor vehicles resulted in 716 bicyclist deaths and 52,000 injuries. Between 1998 and 2008, bicyclist deaths ranged between 600 and 800 per year.
The age of bicyclists who killed in an accident with cars tells us little about the situations in which fatal bicycle accident are likely to occur, but the age of bicycle victims helps us understand more about who is at risk in these accidents:
If you are a bicyclist, runner, or a person that just likely to take a casual walk, exercising early in the morning before sunrise is an excellent habit. It’s also one of the most dangerous things that we can do in our daily activities. Our law requires for bicyclists that they have a reflector on the back of their bicycle that’s desirable by at least 300 feet from a vehicle that’s approaching from the rear where their headlights on high and is also requires a person to have a light on the front of their, about their bicycle in a in illuminated light that is visible for at least 300 feet. For a person that’s approaching. Both of these requirements are, are not actually requirements in your failure to do to where those is a punishable by any statute whatsoever. It’s also not negligence in the negligence per se in the event that you are hurt and seriously injured or killed in, in an accident.
But these requirements are completely inadequate to ensure your safety as a bicyclist or as a runner or pedestrian, um, on the roadway is prior to sunlight. These requirements do not match at all with what experts in what’s called co constant humidity show is required for a bicyclist or pedestrian to be visible from approaching motorists and the time in which a motorist traveling at almost any speed whenever they’re approaching a person who is not visible, the time at which a motorist would have to react to a pedestrian or bicyclist who is not maintaining, um, Y of some sort. To help eliminate them is virtually, it makes an accident virtually unavoidable. So if you are engaging in these activities at minimum, have flashing or solid lights on both your front and back, um, and not just one, you want to have multiple ones. Also, it’s good to have different colors of lights.
For example, might be in the distance, can be used with a streetlight that looks barely illuminated. You need to know that it is, it is very difficult for a motorist who’s traveling, let’s say, 40 miles an hour to make a decision as to whether or not it is a motorist or, or a bicyclist in the roadway in pitch black dark when they have no frame of reference to know. And no outline, obviously to know whether or not that is in fact a person or a bicyclist in those decisions. Unfortunately have catastrophic consequences in the vast majority of cases. So if you are engaging in bicycling or running or walking before light, um, [inaudible] know that it is something that we really need to be conscientious of in terms of, um, of the lighting in clothing that we are wearing.
It Is Critical to Preserve Evidence and Investigate the Case Early to Determine and Prove Fault in A Georgia Bike Accident
Cyclists are often assumed to be at fault in a car and bicycle crash. Bikers are seen as a nuisance on roadways and are often on the receiving end of other drivers’ aggression. Along with holding the same responsibilities as the other vehicles on the roadways, you also have the right to the same treatment. You have the right to your space and you have the right to safety; however, those rights are frequently compromised by negligent drivers.
Because of the complexity of Georgia bike wreck cases, you need an attorney who will examine every possible angle to ensure you receive the compensation you need and deserve. By performing a line-of-sight reconstruction, we are able to prove unequivocally that there is no way the other vehicle shouldn’t have seen you. We need to document physical the physical evidence – bicycle lanes, potholes, bicycle helmets, points of impact, turn lanes, etc.
We also pull cell phone records to determine if the other driver was distracted at the time of the accident. The paint transfer on the negligent driver’s vehicle can also be extremely helpful to your case, as it can disprove their claims that you darted in front of them.
What if I Was Injured in A Hit and Run Bicycle Accident?
- In cases of injury, or property damage in excess of $500, report immediately, or as soon as practicable, by the quickest means of communication, the accident to the local police, office of county sheriff, or nearest state patrol.
- File within 30 days of reporting the accident, a statement under oath setting forth the facts of the accident and claiming that he/she has a cause of action for damages against an unidentified person; and
- Make available for inspection, at the insurance company’s request, the auto that the insured was occupying at the time of the accident.
What Are My Legal Options After Bike Accident?
If you have been injured, or a love one has been seriously hurt in a bicycle accident then it is important to contact an experienced attorney. We will discuss with you your legal rights against the at fault driver. We will also discuss the availability of insurance coverage that protects and safe guards against bicycle accidents.
If you are unsure of your next steps and need help, call our office for a free consultation today.
Serious Representation for Serious Injuries
Cyclists have very little to protect them if struck by a large vehicle. Because of this incompatibility, the injuries sustained in bicycle crashes can be life-altering, leaving you with lost wages, medical expenses, pain and suffering, and the inability to fully support yourself and your family for the remainder of your life.
We Represent Victims of Negligence Who Have Sustained Serious Injuries in Atlanta Bike Accidents Including:
- Road Burn/Rash, Cuts, and Scarring
- Fractured Arms & Legs
- Traumatic Brain Injuries
- Neck Injuries
- Spinal Cord Injury
- Lumbar & Cervical Injuries
- Permanent Disfigurement
- Wrongful Death
Extensive medical treatment and bills result from the catastrophic injuries that many bike accidents cause.
Although the insurance settlement that you are offered may seem tempting, the reality is that the insurance company knows how much money it will take to ensure you are taken care of for the remainder of your life, but will not offer that compensation right away.
The insurance company of the liable party will try to settle your case for as little as possible; therefore, it is extremely important to consult with an Atlanta personal injury attorney before signing any paperwork or accepting any statements.
A Bicycle Accident Lawyer at Sessions & Fleischman Can Help
The personal injury attorneys at Sessions & Fleischman understand how to aggressively pursue bike accident claims. Bicycle accident victims deserve aggressive, proactive representation. Call Sessions & Fleischman today for a free case evaluation and case review.
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The information provided on this site is for informational purposes only and does not constitute legal advice. This information does not create an attorney-client relationship.
Frequently Asked Questions (FAQs)
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Ben Sessions has personally tried over 60 cases to a jury, and he has successfully litigated cases before both the Georgia Supreme Court and the Georgia Court of Appeals. We understand that aggressively preparing cases for a jury trial is frequently the best way to a resolve a case. When you meet with us, we’ll help you understand the process and we’ll also relieve a lot of the stress that you may have about the process involved with your case. If you want a lawyer that is willing to fight to the very end for your cause, Ben Sessions is the lawyer for you. Ben has built his reputation among former clients and other lawyers by being willing to stand up for people in the hardest times in their lives. If the obstacles in your case seem too large, if the other side appears too rich, if the other side appears to have too much power, Ben Sessions is the lawyer you need to call.