Stockbridge Bicycle Accident Attorney

Stockbridge Bicycle Accident Attorneys

One moment, you were biking along the street toward the Reeves Creek Trail, and the next, you were struck by a vehicle that sent you and your bike sliding across the pavement. These types of bicycle accidents are all too common in Stockbridge, GA, and frequently leave cyclists with severe injuries, significant medical bills, and lengthy recovery periods that affect their income.

If you were the victim of a Stockbridge bicycle accident, contact Kaufman Injury Law for a free consultation with an experienced Georgia personal injury lawyer. Our team will review the details of the incident, explain your options for seeking the compensation you deserve, and help you understand how the state’s bicycle laws could impact your case.

Injuries We See in Stockbridge Bicycle Accidents

Bicycle accident victims can suffer from various injuries resulting from the initial impact, such as with a vehicle, and the secondary impact with the pavement. Some of the most common and severe injuries suffered by cyclists in Stockbridge include:

• Traumatic Brain Injuries – TBIs result from impacts to the head that cause the brain to collide with the inside of the skull. These injuries can leave victims with severe and permanent physical and cognitive disability.
• Spinal Cord Injuries – Damage to the spinal cord can leave victims with chronic pain or even paralysis if the spinal cord is completely severed in the accident.
• Fractured Bones – Broken bones are among the most common injuries suffered in bike accidents, with ribs, wrists, and forearms being at particular risk of injury.
• Internal Organ Damage – The impact of being struck by a vehicle or door can cause significant damage to internal organs that may not immediately show symptoms.
• Road Rash and Lacerations – After being knocked from their bikes, cyclists often slide along the pavement and can suffer from road rash and other laceration injuries.

Who’s Liable in a Stockbridge Bicycle Accident?

Depending on how the bicycle accident that harmed you occurred, several parties could be liable for your injuries. An experienced injury attorney can help you collect the evidence required to prove that the following parties are at fault for a bicycle crash in Henry County:

• Motor Vehicle Occupants – Many bicycle accidents result from negligent drivers who are distracted, intoxicated, or fail to yield the right-of-way to cyclists they share the road with. Other vehicle occupants can also cause bicycle accidents by opening doors without checking for approaching cyclists.
• Bicycle Manufacturers – The manufacturer of your bicycle could be liable for your injuries if a defect contributed to the accident. Defective product cases typically rely on strict liability, under which you don’t have to prove negligence as long as you prove a defect existed and caused your injury.
• Equipment Manufacturers – Helmet and other cycling equipment manufacturers can also be liable for injuries their products caused, made worse, or failed to protect against.
• Government Entities – If poor road maintenance contributed to the accident, the government entity responsible for maintaining the road could be liable.

How Georgia’s Bicycle Laws Could Impact Your Case

Georgia Code 51-12-33 covers the state’s modified comparative negligence rule. Under comparative negligence, each party is only liable for their apportionment of the damages. This means that if you were 20 percent at fault for the accident and the other party was 80 percent at fault, they would only be liable for 80 percent of your damages. Additionally, anyone who is 50 percent or more at fault cannot recover damages.

Because of the comparative negligence rule, Georgia’s bicycle laws could impact the compensation you can receive for your injuries. For example, Georgia Code 40-6-296 outlines the safety equipment bikes must have, including working brakes and front and rear reflectors. If your bike doesn’t have these required pieces of safety equipment, the other party’s lawyers could argue you are partially at fault for the accident.

However, the bicycle laws go the other way, as well. Your lawyer can point to these laws to demonstrate that you did take all necessary precautions to protect yourself from harm, including wearing a helmet. And your lawyer could point to a law like Georgia Code 50-6-56, which states that motor vehicles must reduce their speed and give cyclists at least three feet of space when passing them, to prove a driver’s negligence if they failed to follow it.

It’s essential that you work with a skilled lawyer with a complete understanding of Georgia’s bicycle laws to maximize your compensation.

Proving Fault in a Stockbridge Bike Accident

Proving that the other party is at fault for the accident and should be liable for your injuries involves collecting robust evidence. One of the primary roles of a personal injury lawyer is to collect this evidence while you focus on your recovery. Common examples of evidence used in bicycle accident cases are:

• Traffic Camera Footage – Since many bicycle accidents occur on public roads, traffic cameras may capture the incident or the events directly leading up to or after it. If a vehicle struck you, this footage could show the driver’s negligent driving before the accident.
• Accident Scene Photographs – Photographs of your visible injuries, the damage to your bike, and any relevant traffic signs or signals can play a pivotal role in proving your case.
• Eyewitness Statements – If there were any witnesses to the accident, it’s important to collect their names and contact information so your lawyer can follow up with them for their statements. Your lawyer may also be able to track down witnesses by using the accident report filed by police if your injuries prevent you from gathering this information at the scene.
• Medical Records – Your medical records are critical evidence for establishing the severity and extent of your injuries and the necessary treatments for your recovery.

Filing a Bicycle Accident Insurance Claim in Stockbridge

The two main options for seeking compensation after a bicycle accident in Stockbridge are personal injury lawsuits and auto insurance claims. If a driver is to blame for the accident, you can file an insurance claim against the driver’s liability coverage. In Georgia, all drivers must have the following liability coverage at a minimum:

• $25,000 per person for bodily injury
• $50,000 per accident for bodily injury
• $25,000 per accident for property damage

If you have uninsured motorist coverage as part of your own auto insurance policy, you can use that if the driver doesn’t have the required insurance or if they flee the scene.

The Deadline for Filing a Bicycle Accident Lawsuit in Georgia

Georgia Code 9-3-33 outlines a two-year time limit for injury victims to file lawsuits against the parties responsible for their injuries. You must file your lawsuit within this period or risk the courts preventing you from seeking financial recovery. This time limit can also affect insurance claims, as insurance companies no longer have an incentive to settle your claim once the deadline passes.

Speak With a Stockbridge Bicycle Accident Attorney Today

If you were injured in a bicycle accident in Stockbridge, Georgia, Kaufman Injury Law can help you seek the compensation you need and deserve. For over 45 years, our firm has been providing injured Stockbridge residents with the comprehensive legal support they need. Contact our law office today for a free consultation and to learn why we were voted the best personal injury firm in Georgia by the Georgia Business Journal 2024.