Atlanta offers beautifully scenic areas to bike. Piedmont Park, Brook Run Park, and Westside Park are just a few spots where families can enjoy the outdoors while they ride. However, bicyclists also have a right to use public roads, and sadly, on occasion, they are involved in an accident that results in severe, possibly catastrophic injuries.
If you have been injured in a bicycle accident caused by another’s negligent behavior, you may be eligible to pursue compensation for your losses. The Atlanta personal injury lawyers with the Law Office of Dwayne L. Brown can help you during this difficult time. Call us today to receive a free case consultation.
Your Compensation Should Reflect Your Losses
Often, when a bicyclist is struck by a car, they suffer severe injuries. Our catastrophic injury lawyers have seen injuries range from:
- Traumatic brain injuries and other head injuries
- Broken bones
- Spinal injuries
- Road rash
- Dental injuries
- Dislocations
- Internal organ damage
Any one of these injuries could lead to extensive medical care and prolonged therapy. In addition to the financial burden of your medical bills, you could also be dealing with a multitude of other losses, some of which you may not have even considered.
Economic Damages Related to Your Atlanta Bicycle Accident
Damages are typically broken down into two categories. The first and most easily recognizable are economic damages. These are the medical bills that are piling up. They also encompass the hours of lost income while you recovered from your injuries at home. Other examples include:
- Future healthcare, such as additional surgeries, medications, and in-home nursing
- Rehabilitation, occupational therapy, and psychological counseling
- Home and vehicle modifications if your injuries affect your mobility
- Reduced earning capacity if your injuries prevent you from returning to your old job or career
- Repair or replacement of damaged or destroyed property
Non-Economic Damages Related to Your Atlanta Bicycle Accident
The second category is non-economic damages. These are less obvious, but they represent the effect the injuries have had on your quality of life. The most common example is pain and suffering, but they can also include:
- Emotional distress, such as anxiety, post-traumatic stress disorder (PTSA), sleeping disorders, and depression
- Loss of enjoyment of life if you can no longer participate in activities and hobbies
- Loss of consortium or companionship for the effect on your relationships
- Disfigurement and disability
There is a third category known as punitive damages, but these damages are only awarded in rare circumstances. As the name implies, the courts issue them to punish the defendants if their actions were particularly egregious. They are also used to serve as a warning to others.
Wrongful Death Damages for the Grieving Families
Families who have lost a loved —-one in a bicycle accident, we are truly sorry for your loss. Please accept our condolences. Our wrongful death attorneys know what you are dealing with and want to help. You deserve the time to be together and reflect on the passing of your loved one. We, in turn, can take care of your wrongful death claim and pursue such damages as:
- Funeral and burial expenses
- Medical bills prior to their passing
- Their pain and suffering
- Loss of income and support they provided to the family
- Loss of guidance and consortium for the children and spouse they leave behind
No two bicycle accidents are exactly alike, so there are no two settlement values that are exactly alike. Your settlement value will depend on the types of damages in your case, as well as the severity of your injuries and the time needed to heal from them.
Our Atlanta bicycle accident lawyer can review your case and determine which damages you may claim and a fair settlement value for your losses. Call the Law Office of Dwayne L. Brown today for a free case review. Attorney Dwayne L. Brown has over 30 years of experience managing personal injury cases like yours.
Our Job Is Proving Negligence in Your Atlanta Bike Accident
Your job is to heal, to follow your doctor’s orders, and be with your family. Our job is to build a solid personal injury claim so that you can return to your life as it was before the accident.
To do that, our Georgia bicycle accident lawyers must prove negligence. Proving the other party was negligent requires meeting four elements. Those four elements include:
- Duty of care: This element is the relationship between you, the bike rider, and the other party, ensuring each other’s safety.
- Breach of duty: This element is the moment when the other party deviated from their responsibility to maintain your safety.
- Causation: This element is the accident that occurred and the injuries you suffered.
- Damages: This element is the financial, physical, and mental hardships you now face.
Typical Causes of Injuries in Bicycle Accidents
In bicycle accidents, the motor vehicle driver has an obligation, or duty of care, to follow traffic laws. Bicyclists have a right to be on the road just as much as the car driver, but the car driver bears a greater degree of responsibility because hitting a bicyclist can result in severe injuries.
Common causes of bicycle accidents include:
- Dooring, or opening a car door before checking for a bicyclist
- Turning into the path of an oncoming bicyclist
- Failing to yield at an intersection
- Distracted driving
- Driving under the influence
- Speeding
- Failing to check for bicyclists when changing lanes
- Ignoring posted signs and signals
Negligence Requires Evidence
Any claim for compensation must be supported by evidence. When we build your case, our bicycle accident lawyers in Atlanta, GA, will investigate your accident and gather evidence. This evidence helps us prove the cause and who was at fault. We also use this evidence to determine your damages and their value.
The types of evidence we may gather in your case could include:
- Medical records
- Police reports
- Payment records
- Photos of the accident scene, your injuries, and damaged property
- Video footage from traffic cams, dashcams, and business surveillance
- Witness statements
We have also found that expert testimony can greatly strengthen a claim. We may speak with:
- Financial advisors can explain how your injuries will affect your ability to work and earn income.
- Medical professionals can explain the nature of your injuries and your prognosis.
- Mechanics and technicians can explain any design or manufacturing flaws that contributed to your accident.
- Accident reconstruction specialists can take evidence from the accident scene and damaged property to demonstrate how the accident occurred.
We Provide a Personalized Approach and Strategy to Your Case
As we said, no two cases are exactly the same, so we tailor your case to your needs. To meet your needs, we will start with a free consultation. During your consultation, we listen to you explain what happened in your accident. Once we decide to work together, our Atlanta bicycle accident attorney will do the following to build your claim:
We investigate your accident: We will visit the accident scene, review the police report, take any relevant photos, speak with eyewitnesses, consult with experts, collect medical reports, and view video footage. We will thoroughly pursue and collect any possible evidence in your bicycle accident case.
We will identify all liable parties: In most accidents, there is one individual or entity who is at fault, and frequently, that person is also financially responsible for your damages. However, there is the possibility that multiple parties could be liable for your injuries. If you were hit by a commercial truck, for instance, the driver, the trucking company, and the loading company could all be liable for your recovery. We will identify all possible parties and file claims with their insurance companies.
We will file your claim and lawsuit: We will take care of all the paperwork involved in your case. We will determine the value of your claim and file it with the proper insurance companies. We will also file your lawsuit in the correct court if necessary.
We will represent your best interests: If you receive a settlement offer from the insurance company, we will review its merits with you. If we feel it is insufficient, we will negotiate on your behalf to obtain a settlement offer that is more reflective of your needs. If we cannot reach a fair settlement, we will be prepared to take your case to court. There, we will present our arguments for a court award in your favor.
We will provide you with guidance and support: At any time during this process, you can reach out to us with your questions and concerns. This case is about you, your needs, your recovery. We want you to know that you are a part of the process and a part of your success.
You Have Two Years Before Time Runs Out
Under O.C.G.A. § 9-3-33, victims of personal injuries and wrongful death have two years to file a lawsuit. Failure to file a lawsuit before the two-year deadline could bar your case from court and prevent you from collecting compensation through the court system.
The insurance companies know this deadline, and some may try to delay resolving your case so that this statutory deadline expires. Our Atlanta bike accident lawyers will make sure the deadline on your case does not expire before filing a lawsuit.
Contact the Law Office of Dwayne L. Brown for a Free Case Review of Your Atlanta Bike Accident
Call us today to speak with one of our legal staff. We can review your case for free. Our Atlanta bike accident attorneys work on contingency, so there is no risk to you. We only get paid when you win a settlement or court award.
