There is a misconception among motorists that cyclists do not belong on public roads. In fact, cyclists have similar rights on public roads as motorists and their vehicles. Unfortunately, these misconceptions still lead to dangerous collisions. Every year, hundreds of cyclists die while riding, and many others sustain various injuries that range from minor to life-threatening. When this happens, a reliable personal injury attorney could provide assistance.
If you or your loved one are injured in a bicycle crash, you have a right to seek compensation for the party responsible. A Buckhead bicycle accident lawyer could help simplify the process to better pursue your compensation.
What to Do if Involved in a Bicycle Accident
Cyclists should treat any crash, especially when it involves the actions of another party, as a serious matter. They should not brush off a bicycle accident as a minor issue, as it may have severe consequences later. Here is what a cyclist can do in case of a bicycle accident:
- Move to safety: If the accident happens in the middle of the road, a person should move over to the side, if possible, to prevent motorists from running into them;
- Dial 911: Call the police after a bicycle accident, even if the person is not in pain. Some injuries have delayed symptoms, and the adrenaline rush could mask the pain temporarily;
- Exchange information: If the accident involves a motorist, the person should get their name, license, and contact and insurance information. The cyclist should be cordial and polite, but should not admit guilt or try to apologize;
- Record a police statement: The cyclist should give a detailed account of the accident to the officers attending the scene, and take note of the officer’s name and badge number to help get a copy of the police report;
- Record the accident scene: Taking photos and videos of the accident scene and injuries could be used later in court; and getting the names and addresses of witnesses could also bolster a case; and
- Seek medical attention: A person in an accident should meet with a doctor immediately.
A civil lawsuit is a delicate legal process. It would be best if you had a Buckhead bike crash lawyer with considerable experience handling their case.
Determining Liability in a Bicycle Accident
During the claims process, the party responsible for the accident must pay for the resulting damage. That means proving reasonable doubt that the other party caused the accident. However, determining liability for a bike injury is not straightforward. It takes a keen legal mind and legal precedence to determine who was at fault, which is critical because Georgia is an at-fault state. This system makes all motorists pay for any accident that results from their negligent actions.
Given the financial ramifications, insurers tend to favor heaping the blame on cyclists or pushing shared fault to avoid paying out vast sums of money. Working with a bicycle accident attorney in Buckhead could keep that from happening and ensure justice is served.
Sometimes both parties are to blame for the bicycle accident, creating a shared fault scenario. In such instances, the court then uses comparative negligence to apportion blame. The court may determine that the cyclist was 25 percent responsible for the accident, while the other party was 75 percent to blame. The injured cyclist could receive 75 percent of the damages awarded instead of the total amount in such a case. Proper legal representation could provide tangible evidence to help ensure that they are not shortchanged or blamed for an accident that was not their fault.
Let a Buckhead Bicycle Accident Attorney Fight for You
At Shiver Hamilton, our skills and dedication allow us to pursue every lead to let you mount a solid argument for damages. A Buckhead bicycle accident lawyer will leave no stone unturned in your case. Call us today for a free consultation.