In recent years, Atlanta, GA, has significantly invested in creating a safe environment for bicyclists. Unfortunately, the city still has far to go. Suppose a negligent person injured you while bicycling; an Atlanta bicycle accident lawyer can help. You could have a right to collect damages.
Hammers Car Accident & Personal Injury Lawyers has over 50 years of combined experience. We have won tens of millions of dollars for our injured clients. Our team of Atlanta bicycle accident attorneys will fight for full compensation.
Contact our law office to schedule a 100% free consultation at (770) 900-9000 as soon as possible.
How Hammers Car Accident & Personal Injury Lawyers Can Help After a Bicycle Accident In Atlanta, GA
Hammers Car Accident & Personal Injury Lawyers will handle your legal case after a bicycle accident from beginning to end. Our work will give you the time and space to focus on healing.
Ultimately, every bicycle accident case requires a different strategy. However, in most cases, we will:
- Explain the law
- Calculate your damages
- Investigate the accident
- Consult with your doctors
- Review and collect evidence
- File insurance claims
- Negotiate with insurance companies and the defendant
- File a personal injury lawsuit
- Represent you at court hearings
We aren’t afraid to take your case to trial. While a full settlement outside of court is ideal, sometimes we must present a case to the jury. Our team of Atlanta bicycle accident lawyers can advocate for you in and out of the courtroom.
Call us to schedule a free initial consultation today with an Atlanta personal injury attorney.
What Is My Bicycle Accident Case Worth?
At the beginning of our representation, we can estimate your case value. Your case is worth the total of your damages. Usually, people who are seriously and permanently injured have a higher case value than people who recover quickly.
Some factors that we consider when calculating your case value are:
- The severity and permanence of your injury
- The type of medical treatment you received and will receive in the future
- The length of recovery
- Your ability to work or earn income
- Your quality of life after the accident
- If you have suffered physically or emotionally
- Cost of property damage
- If there is an insurance policy
- Whether or not you are responsible for causing the accident
Hammers Car Accident & Personal Injury Lawyers can help accurately calculate your case worth. We will make sure that you don’t accept less money than you deserve.
What Kind of Damages Are Available To Bicycle Accident Victims?
Bicycle accident victims can always recover compensatory damages and occasionally punitive damages.
Compensatory damages are actual losses. These losses can be either economic or non-economic. There is no limit to the amount of economic or non-economic damages that you can recover. You simply must prove that you are entitled to the damages by a preponderance of the evidence.
Economic damages may include:
- Emergency medical bills
- Follow up treatment
- Rehabilitation and physical therapy
- In-home or inpatient nursing care
- Damage to the bike or other property
- Lost wages and future earnings
- Lost employment benefits
- Increased transportation costs
- Out-of-pocket expenses
Non-economic damages are intangible, often called pain and suffering. Non-economic damages are invisible but just as important in a bicycle accident case.
Non-economic damages can include:
- Physical pain
- Emotional suffering
- Loss of enjoyment of life
- Loss of companionship
- Loss of quality of life
- Permanent scarring
- Mental illness (like PTSD, anxiety, or depression)
You shouldn’t feel embarrassed to discuss the emotional impact of your injuries with an attorney. These losses may make up a large portion of your damages.
Punitive Damages
Punitive damages are allowed in some bicycle accident cases. Unlike compensatory damages, punitive damages punish a defendant rather than compensate the victim for a loss.
You can only claim punitive damages in extreme situations. You must prove that the defendant acted with:
- Willful misconduct
- Malice
- Fraud
- Wantonness
- Oppression
- Conscious indifference to consequences
You need to prove this by clear and convincing evidence and specifically request punitive damages at the beginning of your case.
How Much Does It Cost To Hire An Atlanta Bicycle Accident Lawyer?
Atlanta bicycle accident lawyers charge a contingency fee. You don’t have to pay any money upfront. In fact, you don’t have to pay the lawyer until the end of the case. Even so, you only pay your attorney if they win the case.
If you don’t recover any damages, you aren’t obligated to pay for their services. If you do recover damages, you will pay a percentage of what you win. This percentage is usually between 33% – 40%. You will agree to a percentage during your initial consultation.
Contingency fees make access to a lawyer affordable for everyone. They also motivate lawyers to work hard to earn their fees and maximize damages for their clients.
Can I Recover Compensation If I’m Being Blamed For A Bicycle Accident In Atlanta?
If you are being blamed for a bicycle accident in Atlanta, you may be allowed to recover compensation. Georgia applies modified comparative fault law. This rule says that you can recover proportionate damages as long as you are less than 50% responsible for the crash.
If you are 50% or more responsible, you cannot recover anything.
The amount that you recover is proportionate to your share of fault. For example, if the court concludes that you are 40% responsible, you will only recover 60% of your damages. This is why you should always fight to minimize blame-shifting and never accept responsibility without first consulting an attorney.
We’ll Fight To Recover Compensation for All of Your Bicycle Accident Injuries
It’s not surprising that bicycle accidents can be catastrophic. Many bikers have long-lasting and permanent injuries that will never heal. Unfortunately, some bicyclists will ultimately die from their injuries.
An Atlanta bicycle accident attorney in our law firm will advocate for you regardless of the injury. Whether it is complex or straightforward, we can help.
Our team has represented people suffering from:
- Traumatic brain injuries
- Head injuries
- Broken bones
- Amputations
- Sprains
- Nerve damage
- Paralysis
- Spinal cord injuries
- Loss of hearing or eyesight
- Back and neck injuries
- Road burns
- Concussions
We help clients request and review their medical records. If hired early enough, we can also connect our clients with excellent doctors in the area. If necessary, we will consult with expert witnesses to fully understand the prognosis. This work is necessary to ensure we ask for every dollar you deserve.
What Causes Most Bicycle Accidents In Atlanta, GA?
Atlanta is a major city in Georgia. The metro area has more than 6 million people. Most bicycle accidents are caused by a negligent driver who isn’t paying attention to cyclists on the road.
Some of the most common causes are:
- Aggressive driving
- Tailgating
- Distracted driving
- Speeding
- Running red lights
- Failure to yield
- Unsafe lane changes
- Lack of signaling
- Suddenly opening doors
- Blind spots
- Suddenly stopping
- Drunk driving
Some bicycle accidents also result from bad weather, lack of bike lanes, or obstructions in the road. We can conduct a full-scale investigation to find out how the accident happened. Once we identify everyone responsible, we will negotiate for damages.
How Do I Prove Negligence After a Bicycle Accident In Georgia?
Most bicycle accident cases in Georgia rely on negligence theory. That means the plaintiff must prove that the defendant was negligent to recover damages.
There are four elements to every negligence claim:
- Duty of care
- Breach of duty
- Causation
- Damages
A plaintiff must prove the elements by a preponderance of the evidence. That means that it is more likely than not true. If they fail to prove even one element, then the plaintiff will lose.
You can use a variety of evidence to support your claim.
Common forms of evidence are:
- Photographs
- Video footage
- Witness statements
- Police reports
- Medical records
- Expert testimony
- Physical evidence
- Bills and invoices
- Paystubs
We can explain negligence theory and help you collect the strongest evidence to support your claim.
How Long Do I Have To File A Personal Injury Lawsuit After A Bicycle Accident In Atlanta?
In Atlanta, you have two years to file a personal injury lawsuit after a bicycle accident. This is called the statute of limitations. If you try to file after the deadline, the court will dismiss your case.
Before filing your lawsuit, there is a lot of work to do. You need to collect evidence and file any insurance claims, if applicable. On top of this, you will focus on going to doctor’s visits and physically healing.
An Atlanta bicycle accident lawyer can help you keep track of the statute of limitations and perform the necessary work before the deadline. This is the safest way to ensure your case stays on track.
Contact Our Atlanta Bicycle Accident Lawyers for a Free Consultation
There is no benefit to waiting to contact an Atlanta bicycle accident lawyer. Since there are no upfront fees, we can get started on your case at no cost to you. Call Hammers Car Accident & Personal Injury Lawyers to schedule a free initial consultation. This is a great opportunity to learn more about your rights in Atlanta, GA, and meet our legal team.