When you are out cycling on a beautiful day in Athens, the last thing you expect is for the outing to end in disaster. However, when drivers are careless on the roadway, this can easily lead to a serious incident involving other motorists, including cyclists.
If you were out cycling recently and were struck by a negligent motorist, a skilled personal injury attorney can help. Our Athens bicycle accident lawyer can help you pursue compensation for the losses you have suffered by holding the at-fault party accountable. Ask Childers, Schlueter & Smith for a free consultation.
Liability in Athens Bicycle Crashes
An assessment of legal liability in most bicycle incidents revolves around the doctrine of negligence. Negligence can be proven when the defendant’s actions satisfy a four-part test: duty, violation of duty, causation, and damages. A driver needs to observe their legal duty of care and operate their vehicle as a reasonable motorist would to safeguard the wellbeing of others on the roadway with them. If a driver violates this duty, causing injury to others (such as a cyclist), they can be held accountable for the financial damages that result.
An Athens attorney can review evidence such as the police report, witness statements, police video footage, photos, statements from the victim, and all other details to help establish legal liability for the bicycle accident. However, there are multiple parties who could bear legal responsibility in a bicycle incident claim. For example, a driver who was operating their motor vehicle in a negligent or reckless manner (such as by texting, driving distracted, or passing too closely to the cyclist) could be legally liable for the cyclist’s injuries if a crash occurs.
Likewise, if unsafe environmental conditions such as a poorly maintained roadway led to the event, an entity like the local municipal government could bear an element of legal responsibility.
Could the Cyclists be Liable?
If any behavior on the part of the cyclist led to the incident, such as failing to operate their bike on the correct side of the roadway, they can also be deemed partially at fault for their injuries.
If this occurs, that does not mean they are barred from getting compensation. When the injured cyclist is less than 50 percent responsible for what happened, they can still recover compensation, although it will be reduced by their percentage of fault.
Available Types of Economic Recovery
A successful bicycle accident claim can help compensate an injured cyclist for several types of financial damages that have occurred. An Athens bicycle collision attorney can handle the claim with the insurance company on the victim’s behalf while seeking the maximum available compensation.
These recoverable financial damages can include costs such as the victim’s lost wages, past and ongoing medical bills, and even future lost earning capacity. Compensation for losses such as pain, suffering, and psychological anguish due to the individual’s injuries may also be recoverable if the plaintiff can make a compelling case for them.
Call an Athens Bicycle Accident Attorney for Guidance
It is vital to get proper medical attention for your injuries as soon as possible after a bike crash. If another motorist was to blame for what happened, you should place a call to Childers, Schlueter & Smith.
We can provide a confidential review of your case in a free legal consultation. To find out more about your legal rights and what recourse you may have, contact our Athens bicycle accident lawyer.
