Riding a bicycle on public roads or around motor vehicles can be a dangerous activity, even for a bicyclist who follows all the rules and wears the right safety gear. A single reckless and careless act by a nearby driver could lead to a collision that causes you serious physical, financial, and personal losses.
Pursuing a civil settlement over a bike wreck can be complex and time-consuming, but working with a College Park bicycle accident lawyer can help simplify the process. With a knowledgeable personal injury attorney on your side, you have a much better chance of proving fault for your injuries, recovering financially for your losses, and avoiding the common mistakes which might otherwise sidetrack a case.
What Damages Are Recoverable for a Bike Accident?
Because motor vehicles are so much larger and heavier than any bicycle, bicyclists tend to sustain severe injuries when negligent motor vehicle drivers collide with them. A comprehensive bike accident claim often must account for both present and future losses that may come from long-term or even permanent physical injuries, including:
- Emergency medical expenses and future care costs
- Decreased ability to work
- Bicycle repair costs and other lost or damaged property
- Physical pain and suffering
- Emotional/psychological distress
- Lost consortium
- Lost quality of life
If a named defendant displayed “willful misconduct” or “malice” in injuring a bicycle rider, a court may impose additional punitive damages against the defendant up to a maximum value of $250,000. A College Park bike collision attorney can go into further detail about losses which may be compensable in a particular case.
How Fault Works in Bicycle Crash Claims
No matter how serious a bike rider’s injuries are, they can only hold a driver liable for their damages if they can prove that the driver was negligent—in other words, if they can show the accident never would have occurred without a specific reckless, careless, or malicious act performed by the driver. Importantly, most plaintiffs in these types of claims must also show they were not at fault for causing or contributing to their own damages.
This is important because Official Code of Georgia § 51-11-7v prohibits any person from recovering civil compensation if they were found equally or more at fault compared to all other defendants combined; and O.C.G.A. § 51-12-33 allows Georgia courts to proportionately reduce compensation for any plaintiff who was found to be between one and 49 percent at fault. Guidance from a College Park bicycle crash lawyer can be crucial to understanding how this “modified comparative negligence” system works while filing a claim.
Get in Touch with a College Park Bicycle Accident Attorney
No one who is injured by a negligent driver while riding their bike should need to handle the financial and personal burdens of their injuries alone. Complex civil claims can be difficult to manage if you do not have a legal background, especially if you are still recovering from broken bones or brain damage, for example.
A College Park bicycle accident lawyer can help you navigate this trying time. Call us to discuss your situation during a free consultation.
