You’ve come to the right place if you need an experienced Duluth bicycle accident lawyer. Even though there are plenty of bike trails, such as Mission Creek and Hartley Park, collisions with cars are, sadly, inevitable.
Our firm understands the complexities of insurance claims and legal proceedings following a bike accident. Whether you’re dealing with insurance negotiations or considering litigation, our experienced attorneys will advocate for your rights and work tirelessly to achieve a favorable outcome for your personal injury claim.
You pay nothing upfront—we operate on a contingency fee basis, meaning you only pay us if we successfully recover your compensation.
Do You Have a Case?
Determining whether you have a viable claim after an accident involves evaluating several key elements:
- Duty of Care: To establish a case, it must be shown that the defendant owed you a duty of care. In car accident cases, this typically means drivers must operate their vehicles safely and follow traffic laws.
- Breach of Duty: You must demonstrate that the defendant breached their duty of care. This could involve actions like speeding, reckless driving, or failure to yield, which contributed to the accident.
- Causation: There must be a clear link (causation) between the defendant’s breach of duty and the injuries or damages you suffered. This means proving that the accident directly resulted from the defendant’s actions or negligence.
- Damages: Lastly, you need to show that you suffered damages as a result of the accident. Damages can include the losses you need to recover, such as medical expenses, property damage, lost wages, pain and suffering, and other losses directly related to the incident.
Proving liability is a critical element of a successful personal injury case, and if you suffered injuries in a bike crash, you would need to consider some significant possibilities.
For example, it may be possible that you were at fault due to disobeying traffic laws (bicyclists are treated as motor vehicles) or for an error you made operating your bike.
Damages You Can Recover
After an accident, you may be entitled to various types of damages to compensate for your losses:
- Economic Damages cover the financial losses you incur due to the accident. These include medical bills, lost wages, property damage, and any other costs that can be quantified.
- Non-Economic Damages compensate for non-financial losses, such as pain and suffering, emotional distress, and loss of enjoyment of life. These damages are more subjective but are equally important.
- Punitive Damages are awarded in cases where the defendant’s actions were especially reckless or malicious. These damages are meant to punish the wrongdoer and deter similar behavior in the future.
How to Get in Touch With Us
There are several ways to contact Brauns Law Firm for assistance:
- Telephone: Call us at 404.846.5012
- Contact Form: Visit our Contact Us page
Take advantage of our free consultation offer to discuss your case with an experienced attorney and understand your options for recovering damages.
Our Case Results
This particular case reflects our commitment to excellence and dedication to advocating for the rights of accident victims in Duluth and beyond.
A man was hit by a car while crossing a two-way road in an attempt to put up a car show sign.
He was initially determined to be at fault because there was no crosswalk, but we were able to prove he had entered the roadway under safe conditions & the defendant had plenty of time to stop.
He sustained a broken left shoulder, left humerus, left fibula, and left ankle that required immediate surgery and months of post-op physical therapy.
Brauns Law Firm: Duluth Bicycle Accident Lawyer
We are dedicated to providing exceptional legal representation for victims of bicycle accidents in Duluth. Our firm stands out due to our unwavering commitment to our clients and deep personal injury law expertise.
Our firm has a proven track record of securing favorable client outcomes. Whether through negotiation or litigation, we work tirelessly to achieve the maximum compensation possible for the injuries and losses suffered by our clients.
When you choose Brauns Law Firm, you are choosing a team that is dedicated to fighting for your rights and ensuring you receive the justice and compensation you deserve.
Meet Your Duluth Bicycle Accident Lawyer
David Brauns, the founder of Brauns Law Firm, has built a reputation for his compassionate approach and relentless pursuit of justice for his clients.
With years of experience in personal injury law, David brings a wealth of knowledge and expertise to every case. He understands the intricacies of bicycle accident claims and is committed to achieving the best possible outcomes for his clients.
With a strong background in software engineering, David brings a process-focused approach to leverage his ability to run a smooth and efficient law firm that delivers better communication and results for his clients.
How Our Duluth Bicycle Accident Law Firm Can Help
Because we understand that hiring a lawyer and filing a claim can cause additional stress for someone already dealing with an injury, our Duluth bicycle accident lawyers offer our legal services with a compassionate and client-centered approach.
When you work with our Duluth bicycle accident attorneys, you will receive an education about the legal process as it applies to your cycling accident and will be well-informed about what to expect at each step. Our team will work with you to build a robust and successful case, incorporating the following services.
- Prove liability by showing that the at-fault party owed you a duty of care, breached that duty (e.g., ran a stop sign), and caused your accident and resulting damages (e.g., hit and broke your arm).
- Address any defenses the defendant may make. For example, you may claim that you did not signal that you were turning left by lifting your left arm horizontally. (Note: Even if you were partially at fault for the accident, you might still be able to collect compensation as long as you are less than 50 percent responsible.)
- Help you organize your medical bills and other documentation, and suggest what other evidence you might need to support your claim.
- Help you gather evidence (e.g., eyewitness statements, police reports, medical reports, etc.).
- Negotiate with insurance companies: We will negotiate on your behalf to maximize your compensation and ensure you are not unfairly pressured into accepting a low settlement.
- Represent you in court: If a fair settlement cannot be reached, our attorneys are prepared to represent you in court and advocate vigorously for your rights.
Important Initial Advice!
Here are the core important steps to take after you’ve been struck while on your bicycle:
- Safety First: Ensure everyone is safe and move to a secure location.
- Seek Medical Attention: Check for injuries and seek medical help promptly.
- Document the Scene: Take photos of the accident and any damage.
- Exchange Information: Obtain contact and insurance details from all involved.
- Report the Incident: Notify the police and obtain an accident report.
- Do Not Admit Fault: Avoid discussing fault or apologizing.
- Preserve Evidence: Keep damaged property and relevant documents.
- Notify Your Insurance Company: Report the accident to your insurance provider.
- Consult with Legal Counsel: Consider seeking advice from our bicycle accident lawyers in Duluth.
- Keep Records and Notes: Maintain a detailed record of events and medical care.
- Know Your Rights: Georgia is a modified comparative fault state, which means a bicyclist must be less than 50% at fault to recover damages from an accident. Additionally, bicycles are considered vehicles and generally have the same rights and duties as drivers of motor vehicles, with a few specific differences.
- Social Media Caution: Refrain from posting about your accident on social media, as it could impact your case.
- Insurance Negotiations: Avoid accepting the first offer; consult a lawyer to assess fair compensation.
Taking these steps promptly can protect your legal rights and enhance your chances of a successful claim. Speak with a Duluth personal injury lawyer as soon as possible.
Deadlines to File Your Claim For a Settlement Offer
In Georgia, the statute of limitations determines how long you have to file a lawsuit after a bicycle accident. You have just two years from the date of the accident to start your claim.
While exceptions to this rule do exist, relying on them is foolish. The best thing you can do is to act promptly and contact a lawyer as soon as possible to ensure your claim is filed within the legal deadline.
Delaying can jeopardize your ability to seek compensation for your injuries and damages.
Gathering Evidence
Collecting evidence immediately after a bicycle accident can significantly strengthen your case. Here are essential pieces of evidence to gather:
- Police Documentation: Obtain a copy of the police report detailing the accident scene, statements from involved parties, and any citations issued.
- Medical Records: Keep records of all medical treatments, prescriptions, and reports related to your injuries. This documentation establishes the extent and impact of your injuries.
- Eyewitness Statements: Obtain contact information from witnesses who saw the accident and can provide statements supporting your version of events.
- Photo/Video Evidence: Take photos or videos of the accident scene, your injuries, and any property damage. This visual evidence can be compelling in demonstrating liability.
We understand that gathering evidence can be overwhelming, especially when recovering from injuries. By contacting a skilled bicycle accident lawyer in Duluth from our firm, you can delegate this task to professionals who will handle the complexities of your case.
This lets you focus on your recovery with peace of mind, knowing that experienced legal professionals are advocating for your rights and pursuing fair compensation.
What Can I Expect to Pay?
At Brauns Law Firm, we understand that financial concerns may add stress to an already challenging situation after a bicycle accident. That’s why we offer our legal services on a contingency fee basis for personal injury cases, including bicycle accidents.
With a contingency fee agreement:
- No Upfront Costs: You pay nothing out of pocket to retain our services. We cover all upfront costs associated with your case, including investigation and expert fees.
- Payment Upon Success: Our fee is contingent upon successfully obtaining your compensation. If we don’t win your case, you owe us nothing for our legal services.
Before we begin working on your case, we’ll discuss our fee structure and ensure you understand the terms of our contingency fee agreement. This transparency allows you to focus on your recovery while we work diligently to secure the compensation you deserve.
Why Choose Us Over Other Duluth Bicycle Accident Attorneys?
Choosing the right attorney after a bicycle accident can significantly impact the outcome of your case. At Brauns Law Firm, we stand out from other firms in Duluth for several reasons:
- Experience and Expertise: With years of experience, we understand the complexities of Georgia’s legal system and know how to navigate the challenges specific to bicycle accident claims.
- Client-Centered Approach: We prioritize our clients’ needs and goals, offering compassionate and personalized legal services. From the initial consultation to case resolution, we provide clear communication, honest advice, and dedicated advocacy to ensure our clients receive the support they deserve.
- Proven Results: We have secured significant settlements and verdicts for our clients, demonstrating our ability to achieve favorable outcomes in bicycle accident cases. Our commitment to achieving the best possible results drives everything we do.
- Community Engagement: Beyond our legal practice, we actively support local initiatives and organizations in the Duluth community. Our commitment to making a positive impact extends beyond the courtroom.
Mistakes Motorists Make That Cause Bike Accidents
- One common error is failing to yield to cyclists at intersections or when making turns, leading to collisions.
- Distracted driving, such as texting or adjusting devices, can cause drivers to overlook cyclists sharing the road. Another issue arises from unsafe passing, where motorists misjudge distance or speed, endangering cyclists.
- Opening car doors (“dooring”) without checking for cyclists—a practice known as dooring—is another significant hazard.
- Finally, speeding in areas shared with cyclists reduces reaction time and increases the severity of accidents. Awareness and respect for cyclists on the road can significantly reduce these risks, making roads safer for everyone.
Locations We Serve
Brauns Law Firm proudly serves a wide range of cities in Georgia, providing dedicated legal representation to clients in:
- Atlanta
- Cumming
- Decatur
- Duluth
- Gwinnett County
- Lawrenceville
- Peachtree Corners
- Stone Mountain
- Suwanee
Whether you need a compassionate Duluth auto accident lawyer or legal assistance elsewhere in the greater Atlanta area, we are here to help. Our commitment extends across these locations to ensure you receive the support and advocacy you deserve.
Duluth Bicycle Accident FAQs
The National Survey on Bicyclist and Pedestrian Attitudes and Behaviors conducted by NHTSA lists the most common causes of bicycle crashes as:
- Being struck by a car – 30 percent
- Fall – 17 percent
- Road in a state of disrepair – 13 percent
- Cyclist error – 13 percent
- Colliding with a fixed object – 7 percent
- A dog suddenly runs in cyclists path – 4 percent
So, what’s causing the increased frequency of bicycle accidents in Georgia? A few culprits include:
- People texting behind the wheel
- Drivers fidgeting with their GPS
- Aggression and impatience on the road
- Population growth, as more people are riding bikes than ever around Georgia.
Although defective bicycle parts are the most common cause of bike injuries, that doesn’t automatically exclude them.
When a cyclist, or anyone for that matter, suffers harm through no fault of their own, the at-fault party or parties should be accountable for related damages. So when a defective product injures someone, anyone responsible for supplying that product could be considered liable. That may include multiple parties such as the manufacturer, the distributor, and the retailer.
To determine the liability of a defective product, there are certain considerations, namely:
- Design: Was the injury a result of a design error in the product? Many design defects end up weakening the structural integrity of a product, making it more dangerous.
- Manufacturing: Sometimes, a defect in the manufacturing process leads to a product defect. Were it not for the manufacturing defect, the product would be safe.
What if the bike I was riding was someone else’s? If you borrowed someone else’s bike, you can still file a claim for an inherently defective part that is responsible for a crash that ended up injuring you.
What if the bike was manufactured by a foreign company? It doesn’t matter. If the company is selling its products and services in the United States, they must abide by our safety laws and face their accusers in U.S. courts.
While motor vehicles are the primary reason for most injuries to cyclists, other factors on our roads are also very hazardous to riders, particularly:
Potholes. You might not know it from looking at them, but even small potholes pose a serious safety threat to bicycle riders. In addition, deeper potholes can be very dangerous. Many potholes are deep enough to obstruct bicycle tires and cause an accident. In these situations, the rider may vault or flip over the handlebars. This sort of accident can leave a cyclist with a serious injury such as a broken bone or head injury. A municipality could be responsible if they were aware of the pothole and failed to fix it or post warnings to motorists and cyclists right away.
Trolley/railroad tracks. Trolley tracks and railroad tracks are variables a cyclist must be aware of when riding. Specifically, railroad tracks running in the same direction as traffic are hazardous. That’s because your bicycle tires can fall into the space between the track and the road. It’s an unstable situation that causes many bicycle crashes and can end up with the bike and the cyclist in the way of oncoming traffic.
Determining liability for such bicycle crashes depends on different factors, including:
- Do the tracks run in the direction of traffic, or are they curved? If so, they present a hazard for cyclists. Conversely, perpendicular tracks are relatively safe.
- Has the local municipality tried to eliminate or reduce the hazard? Have they placed warning signs at the site to warn riders? Could they have covered or removed tracks that are no longer in use? A skilled bicycle accident attorney can help you determine the answers to these questions, and if taking certain reasonable actions would have prevented your accident.
Sewer grates. Sewer grates are usually found on the edge of the road and sometimes on the curb, close to where cyclists usually ride. Unfortunately, the size and width of most bicycle tires are small enough to fit between the bars on sewer grates. You can see the potential danger these grates present to cyclists, especially when the grates are parallel to the direction traffic is traveling.
When a cyclist’s tires fall between the grates, the resulting jolt and loss of momentum can cause the cyclist to lose balance and fall into oncoming traffic or the ground. In either case, the rider could end up with severe injuries.
Fortunately, many municipalities around the country are becoming aware of the danger sewer grates pose to cyclists, and they are installing grates with a safe design to protect riders. Those cities and counties that do not update dangerous sewer grates may be held responsible for the accidents they cause.
The most common injuries to cyclists are head injuries. The American Academy of Family Physicians estimates that 22 percent to 47 percent of injured cyclists have suffered head injuries,
Too often, these injuries happen due to an accident involving a motor vehicle. A cyclist is simply vulnerable in these sorts of accidents. Even if they are wearing a helmet, a collision with a car can result in serious head injuries, and even death.
Nearly 60 percent of all cyclists’ fatalities are due to head injuries. And many who are involved in bicycle accidents incur permanent disability. Clearly, all cyclists must make protecting the head a top priority, but even cyclists with all the proper safety gear can still sustain head injuries if they crash.
Besides head injuries, bicycle accidents lead to other injuries as well, such as:
- Tooth fractures
- Open wounds, bruises, and scabs
- Broken bones
- Injuries and trauma to the eye
- Abdominal, neck, and pelvic injuries
- Muscle strains
- Dislocated joints
- Road rash
It’s easy to find out if you have a valid bicycle accident case. Just call a bicycle accident attorney at Brauns Law Accident Injury Lawyers, PC or contact us online now. We can help you assess whether or not the other party in your accident is liable.
The success of a case depends on the ability to show that your accident is responsible for your injuries and that the other party(s) is at fault. If you’re not sure if you have a case or not, give our firm a call, and we can review the specific details of your case to determine the viability of your case.
The amount of compensation you may receive in a settlement or jury verdict is dependent on:
- What is the nature and severity of your injury?
- What are the costs of your losses—including but not limited to—loss of wages or opportunities?
- How much are your current and future medical expenses?
- How much is appropriate for the interference the injury inflicted on your life.
- What compensation is appropriate for the pain you are suffering?
- What is the cost of your rehabilitation?
- Did your injury cause disfigurement or long-term impairments?
These are but a few of the factors that will help determine the value of your claim. The best course of action is to speak with an experienced attorney who can review the details of your unique case and assess the value of your claim. Contact a skilled bicycle accident attorney at Brauns Law Accident Injury Lawyers, PC now at 404-205-8792 or by reaching out to us online.
A reputable bicycle accident attorney can take the lead on your case and pursue an appropriate financial settlement for your losses.
But couldn’t you represent yourself and file a claim on your own? You could, but be aware that the amount of compensation you receive might be significantly less than it would be with the right attorney representation.
A bicycle accident lawyer can help you build your by:
- Analyzing police reports
- Obtaining witness statements
- Inspecting the bike damage for clues
- Recreating the scene to help determine liability
- Look into the responsible party’s driving record
- Consult with experts to review medical records (to help determine accident causation and treatment costs)
If an insurance company contacts you, remember their primary goal is to resolve a case quickly while spending as little as possible. They understand you may be out of work due to your injuries and will send you a quick settlement offer. Understand, despite the insurer’s seemingly good intentions, the offer you receive from them will be a low-ball amount.
Also, insurers know exactly the questions to ask that can elicit a legally unfavorable response from you. Many times, an injured person will say something that the insurance company will use to justify a lower settlement offer or no offer at all.
If an insurance company calls you, tell them to direct their correspondence to your attorney. At Brauns Law Accident Injury Lawyers, PC, we’ll take on the insurance company and make sure you have the best chance of receiving a proper settlement that covers all of your damages.
The short answer is, “yes.” Simply put, you pay nothing unless we win your case.
Brauns Law Accident Injury Lawyers, PC fights for our clients across the State of Georgia on a contingency fee basis. That means you don’t pay a single penny for fees or expenses unless we successfully obtain financial compensation, through a settlement or court verdict, for your claim. Our team will work vigorously to fight your case and seek the most compensation for your injuries allowable by law. In return, we will receive a portion of the damages awarded—but only if we win.
Some firms do not work on a contingency fee basis and require their clients to come up with significant upfront fees or the lawyers will bill by the hour during the case. We understand our clients are usually under financial strain as a result of their accident and may have injuries preventing them from working. That’s why we remove the financial obstacle so anyone can afford to start their case. By not requiring payments until we win your case, you don’t have anything to lose.
Most likely, your bicycle case will settle out of court or directly with the insurance company. A Bureau of Justice Statistics (BJS) study reported that only 3 percent of personal injury cases go to trial. Our attorneys work to favorably settle claims as efficiently as possible, though we will not hesitate to represent you in court if needed.
Rest assured, our team of professional attorneys knows the most efficient ways to bring a positive resolution to your case with the most favorable results possible. Contact us today for your free consultation.
Reports indicate that Georgia ranks 22 out of 50 states in fatalities per million residents with a rate of 1.7. The state’s fatality figures for bicyclists and pedestrians have sharply increased in the last year. Some experts attribute the spike to the increased number of cyclists along Georgia roads. Many cities have become more bicycle-friendly with lower speed limits and more bike lanes.
On a nationwide level, the National Highway Traffic Safety Administration (NHTSA) states that bicycle accident fatalities account for 2.2 percent of all traffic-related deaths.
An average of one bicyclist dies every year in the Duluth area.
While bicycle accidents are happening more often, what’s important to remember is that these accidents can cause catastrophic injuries and even death. When a motor vehicle weighing thousands of pounds strikes a bicyclist with no protective metal surrounding himself or herself, the resulting injuries can be devastating.
