Georgia Bicycle Accident Lawyer

Do You Have a Case?

If you’ve been involved in a bicycle accident and are considering legal action, it’s essential to understand the key elements required to build a strong case. Here’s what you need to establish:

1. Duty of Care

The first element to prove is that the responsible party owed a duty of care. This means demonstrating that the other party was obligated to act in a way that ensures your safety. For a bicycle accident, this can involve:

• Drivers: Motor vehicle drivers have a duty to operate their vehicles safely and to be aware of bicyclists on the road. They must follow traffic laws and exercise caution to avoid accidents.
• Other Cyclists or Pedestrians: They also have a responsibility to follow traffic rules and avoid actions that could endanger others on the road.

2. Breach of Duty

After establishing a duty of care, you must prove that this duty was breached. A breach occurs when the responsible party fails to act as a reasonable person would under similar circumstances. Examples include:

• Drivers: A breach might involve failing to yield to a bicyclist at an intersection, speeding, distracted driving, or running a red light.
• Other Road Users: This could involve a pedestrian crossing against the signal or another cyclist not using proper hand signals.

The breach is assessed based on what a reasonably careful driver, cyclist, or pedestrian would have done in the same situation.

3. Causation

Causation establishes a direct link between the breach of duty and the harm you suffered. You must show that the breach directly caused or significantly contributed to your injuries. Key aspects include:

• Actual Cause: Proving that the breach (e.g., a driver running a red light) was a direct factor in causing the accident.
• Proximate Cause: Demonstrating that the harm (e.g., your injuries) was a foreseeable result of the breach.

In bicycle accident cases, this often involves accident reports, witness statements, and sometimes expert testimony to link the breach to the damages.

4. Damages

To have a valid claim, you need to show that you suffered actual damages due to the accident. Damages in a bicycle accident case can include:

• Physical Injury: Documenting any injuries you sustained, such as broken bones, lacerations, or concussions.
• Medical Expenses: Costs related to hospital visits, surgeries, physical therapy, and ongoing medical care.
• Economic Losses: Lost wages if you were unable to work due to your injuries.
• Pain and Suffering: Emotional distress and physical pain resulting from the accident.

Thorough documentation of these damages substantiates your claim and helps determine the compensation you may be entitled to.

Damages You Can Recover After a Bicycle Crash

If you’ve been injured in a bicycle crash, you may be entitled to various types of damages. These damages are categorized into three main types:

• Economic
• Non-economic
• Punitive

Here’s a detailed look at each:

1. Economic Damages

Economic damages compensate for tangible financial losses resulting from the accident. They are meant to cover the direct costs incurred and losses suffered. Examples include:

• Medical Expenses: This includes all costs related to your medical care, such as hospital bills, emergency room visits, surgeries, physical therapy, medications, and any future medical treatments required for your recovery.
• Lost Wages: Compensation for income you have lost due to your inability to work while recovering from your injuries. This can include both current and future lost earnings if your injuries impact your ability to work long-term.
• Property Damage: Reimbursement for any damage to your bicycle or personal property that was affected by the crash. This may cover repair costs or replacement if the property was destroyed.
• Out-of-Pocket Expenses: Any additional costs incurred due to the accident, such as transportation to medical appointments, home care services, or modifications needed for your home if your injuries are severe.

2. Non-Economic Damages

Non-economic damages compensate for intangible losses that are harder to quantify but still significantly impact your quality of life. These damages address the non-financial aspects of your suffering, including:

• Pain and Suffering: Compensation for the physical pain and discomfort you experience as a result of your injuries. This also covers any future pain and suffering you may endure as you continue to recover.
• Emotional Distress: Compensation for psychological impacts, such as anxiety, depression, or emotional trauma caused by the accident and your injuries. This can include the mental anguish associated with ongoing pain or the stress of adapting to new life circumstances.
• Loss of Enjoyment of Life: The diminished ability to enjoy daily activities or hobbies you engaged in before the accident. This recognizes how your injuries have affected your overall quality of life and personal satisfaction.

3. Punitive Damages

Punitive damages are awarded to punish particularly egregious behavior and deter future misconduct, in addition to economic and non-economic damages. They are typically reserved for cases involving:

• Gross Negligence: Severe disregard for safety, such as driving under the influence.
• Intentional Wrongdoing: Deliberate harm or malicious intent.

These damages are rare and require clear evidence of extreme misconduct.

How to Get in Touch With Us

Getting in touch with us is easy and convenient. You can reach us through the following methods:

• Phone: Call us at 404.383.6407 for immediate assistance. Our team is ready to answer your questions and discuss your case.
• Online: Fill out our contact form on our website, and we will get back to you promptly.

We offer a free consultation to discuss your situation and explore how we can assist you. Feel free to reach out and let us help you file a claim on the at-fault party.

What Clients Think of Us

Here’s what some of our clients have shared about their experiences with Brauns Law:

The best experience

“This is by far the best experience I’ve had with any attorney’s office. They treat every case like it’s the most important case they have and nowhere else provides direct contact with your attorney. David Brauns was extremely friendly and has an amazing staff. Thank you David Brauns for your excellent representation throughout the case.”

– Jerry P.

I got a very fair settlement

“My accident was too small for court, yet my insurance company was giving me the run-around. David spent a lot of time explaining my rights and encouraged me to seek diminished value as well as reimbursement for medical. My insurance said I would never get diminished value in my particular case. However, with David’s advice and guidance, I was able to get a very fair settlement.”

– Josephine P.

Brauns Law Firm: Georgia Bicycle Accident Lawyer

Meet Your Georgia Bicycle Accident Lawyer

David Brauns is the founding partner of Brauns Law Accident Injury Lawyers, PC, and has dedicated his career to representing plaintiffs in personal injury cases.

With a background in insurance defense, David brings a unique insider perspective to his practice, allowing him to anticipate and counter the strategies used by insurance companies.

His focus on personal injury law enables him to provide dedicated and specialized service to those who have been injured, helping them secure fair compensation.

David’s approach to law is driven by his background as a software engineer, which influences his meticulous and process-oriented method of handling cases. He employs innovative technology and thorough documentation practices to ensure that every client receives the highest standard of service.

David’s commitment to transparency and client care sets Brauns Law apart, as he assists clients with not only their legal needs but also their overall well-being, from managing medical care to dealing with bill collectors.

How Our Georgia Bicycle Accident Law Firm Can Help

You may think your injuries are too minor or that hiring legal help won’t be worth it. But a Georgia bicycle accident claim can be more complicated than you may think.

A personal injury attorney from our firm will review your Georgia bicycle accident case and do the following for you:

• Investigate your claim — We will determine who is responsible for the accident. This could be a reckless driver, a bike manufacturer, or a city that didn’t fix potholes.
• Gather evidence — We can easily track down police reports, eyewitness statements, medical records, surveillance footage, and other documentation to support your claim.
• Communicate with the insurance companies —  Insurance companies are just looking for ways to pay you less or not at all. It’s best to have legal representation to make sure they take you seriously and you don’t say anything you shouldn’t. This allows you to focus on your recovery while your attorney takes care of the rest.
• Prove liability — You’re going to need to explain how the at-fault party is liable for your injuries. This usually means showing how their negligence led to the bike accident and injured you. Negligence is proven by showing they owed you a duty of care and failed that duty, which caused the accident and resulting damages.
• Calculate your losses — A bicycle accident attorney from our firm can collect your medical bills, paychecks showing lost wages, and other evidence to estimate the damages you’ve suffered from the accident. We can even try to put a number on your pain and emotional suffering. Once your bicycle accident attorney has a total of your losses, we can pursue a settlement to cover that amount.
• Take your case to court — If your bicycle accident lawyer can’t negotiate a fair settlement, we can file a personal injury lawsuit for your Georgia bicycle accident injuries. Your Georgia bicycle accident lawyer can then present your case in court and try to get you the compensation you need and deserve.

It’s easy to get overwhelmed with a bicycle accident claim while you’re also dealing with recovery and getting your life back to normal. Medical bills can be hard to handle when you can’t work because of your injuries.

Reach out to us so we can completely remove this burden from you!

Important Initial Advice!

If you’re involved in a bicycle crash, get to safety first. But try not to move yourself or your bike too much. You don’t know how severe your injuries are yet, and you want to try and preserve evidence.

You can also follow these steps after a bicycle accident:

• Call the police — You should contact the police and have emergency services come even for a minor accident. The police can make a report and document any evidence. Emergency services can also evaluate you and be sure you’re safe to go home. If not, they can take you to the emergency room to be treated.
• See a doctor — If your injuries aren’t too severe, still see a medical professional as soon as possible. You never know what internal injuries you may have or what symptoms may come up. It’s important to have all of your injuries documented and connected to the accident.
• Collect evidence — While still at the scene, get the contact information of the at-fault party and any witnesses. You should also get photos and videos of the scene, your bike, and any other vehicles.
• Contact a compassionate bicycle accident lawyer from our law firm — It’s best to get a lawyer before talking to insurance companies. We can handle all communication and investigate the accident for you.

If you have questions at any point in the process, the legal team at Brauns Law Accident Injury Lawyers, PC is available. We can give you transparent guidance and provide you with the resources you need to make the best decisions for your claim.

Deadlines For Filing a Bicycle Accident Injuries Claim

In Georgia, the statute of limitations for filing a personal injury claim, including those related to bicycle accidents, is two years from the date of the accident. This means you have two years to initiate a lawsuit seeking compensation for your injuries and damages.

It’s important to act promptly and not delay in pursuing your claim. Failing to file within this timeframe can bar you from recovering compensation, no matter how strong your case may be.

To avoid missing critical deadlines and to ensure that your case is handled properly, contact a lawyer as soon as possible.

Gathering Evidence

Collecting evidence will help build a strong case after a bicycle accident.

Here’s an extensive list of the types of evidence you should gather as soon as possible:

• Police Documentation: Obtain the official accident report and incident number.
• Medical Records: Collect all records from emergency care, hospital stays, ongoing treatments, and related medical expenses.
• Eyewitness Statements: Gather contact information and written statements from any witnesses.
• Photo/Video Evidence: Take clear photos of the accident scene, vehicle and bicycle damage, and your injuries. Check for available surveillance footage.
• Medical and Employment Impact: Document missed workdays and any impacts on your daily life and activities.
• Insurance Documentation: Include details from your and the responsible party’s insurance policies and any related claims or correspondence.
• Other Relevant Evidence: Obtain any expert evaluations or accident reconstruction reports if applicable.

While this process can be overwhelming, especially when you’re dealing with injuries, contacting a lawyer can help alleviate the burden, allowing you to focus on your recovery while your legal team handles the details.

What Can I Expect to Pay?

At our firm, we use a contingency fee model for personal injury claims, meaning you pay no upfront legal fees. Our payment comes from a percentage of the compensation we secure for you.

You only pay if we win your case or reach a settlement. The fee percentage is agreed upon beforehand, so you know what to expect.

While you won’t incur legal fees unless we succeed, there may be additional costs such as court filing fees or expert witness expenses. We’ll discuss these potential costs during your initial consultation and provide a clear breakdown of any expenses.

Why Choose Us Over Other Georgia Bicycle Accident Attorneys?

Choosing the right attorney can make all the difference in your case. Here’s why our firm stands out from the rest:

• Personalized Attention: We treat every case with the care and dedication it deserves, offering personalized legal strategies tailored to your specific situation.
• Proven Track Record: Our firm has a history of securing substantial settlements and favorable outcomes for bicycle accident victims, demonstrating our expertise and commitment to achieving results.
• Empathetic Approach: We understand the physical and emotional challenges you’re facing. Our compassionate team provides not only expert legal support but also genuine empathy and understanding throughout the process.
• Comprehensive Support: From handling insurance negotiations to managing medical and repair costs, we offer full-spectrum support to ensure your needs are met while you focus on recovery.
• Transparent Communication: We maintain clear, honest communication at every step, ensuring you’re informed and confident in your legal journey.

With our blend of dedication, experience, and client-focused service, we’re here to guide you through every stage of your claim and advocate for your best interests.

General Information on Bicycle Accidents in Georgia

Causes of Bicycle Accidents

Bicycle accidents can occur due to a variety of factors, many of which are influenced by road conditions, driver behavior, and cyclist actions.

Here are some common causes of bicycle accidents based on recent statistics:

1. Distracted Driving: Drivers using phones, adjusting in-car controls, or engaging in other distractions can easily overlook cyclists, leading to collisions. According to the Georgia Governor’s Office of Highway Safety, distracted driving is a significant factor in many accidents involving bicycles.
2. Failure to Yield: Many accidents occur when drivers fail to yield the right of way to cyclists at intersections or crosswalks. This often happens due to inadequate awareness or poor judgment.
3. Speeding: Excessive speed reduces a driver’s ability to react quickly to cyclists, increasing the likelihood of severe collisions. Speeding is a common issue on both urban and rural roads in Georgia.
4. Impaired Driving: Alcohol and drug use significantly impair a driver’s ability to safely operate a vehicle, leading to increased risks for cyclists on the road.
5. Poor Road Conditions: Potholes, uneven surfaces, and debris can pose hazards to cyclists. Maintaining road quality is essential to prevent accidents caused by poor road conditions.
6. Improper Lane Changes: Drivers making sudden or unsafe lane changes without checking for cyclists can cause dangerous situations. This issue is particularly prevalent in high-traffic areas.
7. Cyclist Negligence: Although less common, cyclist behavior such as running red lights, riding against traffic, or failing to use proper signals can contribute to accidents.

Types of Injuries We See

Bicycle accidents often result in serious injuries with lasting effects. Common injuries include:

• Head and Brain Injuries: Concussions and traumatic brain injuries (TBIs) can cause headaches, cognitive issues, and significant impairments.
• Spinal Injuries: Herniated discs and spinal cord injuries may lead to back pain, numbness, or even paralysis.
• Fractures and Broken Bones: Arm, leg, pelvic, and hip fractures can severely impact mobility and require extensive recovery.
• Soft Tissue Injuries: Sprains, strains, and lacerations result from impacts or road contact, leading to pain, swelling, and possible infections.
• Internal Injuries: Organ damage and internal bleeding can be life-threatening and require immediate medical attention.
• Psychological Trauma: Post-traumatic stress disorder (PTSD) and emotional distress affect mental health and overall quality of life.

Bicycle Laws in Georgia

Georgia’s laws consider bicycles to be vehicles, so many of the same rules that apply to regular drivers are also for cyclists.

Some of Georgia’s bike accident laws outline the following:

• Bicyclists must ride in the same direction as traffic.
• Bike riders must be as far right on the road as they can.
• Only bikes can be in bike lanes.
• No one over the age of 12 can ride on sidewalks.
• Every bicycle rider must have a seat, and no one can ride on handlebars.
• Bikes must have lights on the front and back at night.
• Bicyclists under age 16 must wear helmets.
• Bicycle riders must signal that they’re turning with arm signals.
• Cars must leave at least three feet between them and the cyclists when passing.
• Cars must yield to bikes in a bike lane.

It’s important to follow all bike laws to avoid bicycle accidents. However, collisions can still happen even if you do everything right. Bikes don’t have any protection, and they’re easier to miss than a car. This can put cyclists at a higher risk of severe injury or even death in a bicycle accident.

If you were hurt in a bicycle crash that someone else caused, you may be able to demand compensation for your losses.

Hit-and-Run Bike Accidents in Georgia

Some drivers are afraid of the consequences of hitting a bicyclist. They may try to run from the scene to avoid this. You and all others involved should stay at the location until the police get there. If they leave before the police get there, give the officers all the information you have.

Try to write down the driver’s license plate number, the color and make of their car, and any other information you can get before they leave.

If they find the driver, you may be able to pursue a bicycle accident lawsuit. You could possibly collect compensation for your financial losses and emotional suffering, as well as press criminal charges.

A knowledgeable personal injury lawyer can investigate your hit-and-run bicycle accident and determine if you have a personal injury claim.

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