While Atlanta has adequate bicycle infrastructure and clear bike laws, that does not always prevent cyclists from being injured. Atlanta Bicycle Accident Attorneys can help with the complex legal issues that often accompany these cases.
These include documenting medical treatment, calculating future wage loss, and Georgia’s modified comparative negligence law. A lawyer could also assist with fact-finding, interviewing witnesses and responding officers, evaluating injuries, and more.
Riding a bicycle is eco-friendly, economical, and fun until you are involved in a collision with a car. Injuries from such incidents can be severe. For example, head trauma, spinal injuries, back pain, and broken bones are common.
The medical expenses incurred in the aftermath of a bike accident can be astronomical. A skilled injury attorney could help you obtain compensation for these costs.
A person injured in a bicycle accident should keep all records pertaining to the incident. This includes the doctor’s diagnosis and treatment plan, imaging studies such as X-rays and MRI, prescription medications, and hospital bills. The cost of lost wages should also be considered. In most cases, a person whose injuries prevent them from working can recover compensation from the party responsible for their accident. The law in Georgia prohibits a jury from discounting an injured bicyclist’s recovery because they have health insurance or paid leave from their employer. This is known as the Collateral Source Rule.
Collateral Source Rule
A serious accident can wreak havoc on your physical, emotional and financial well-being. It is important that you have a legal firm on your side that knows how to maximize the amount of money you can receive for your injuries. One key tool used by an experienced attorney is the Collateral Source Rule.
The Collateral Source Rule states that a defendant cannot reduce the compensation they owe to an injured plaintiff based on monies received from outside sources. These outside sources can include private insurance, worker’s compensation and even charity.
The reason behind this rule is that it discourages negligent parties from attempting to minimize their liability by arguing that a person has already been compensated for their losses. This is a principle that all Americans should agree on, regardless of their political affiliations or preferences. In reality, it also encourages people to be prudent and purchase insurance. This is a win-win for all involved.
A defense attorney may attempt to use a legal theory called comparative negligence in a bicycle accident case. This theory allows injured parties to recover only a portion of their damages based on their percentage of fault for an incident. An experienced Atlanta bicycle accident lawyer could help an injured victim refute allegations of comparative fault and fight for fair compensation.
Comparative negligence is also known as non-absolute contributory negligence outside of the United States. It is a partial legal defense that reduces the amount of damages a party can claim if they contributed even a small degree to an accident.
Most states use some form of comparative negligence. For example, if an injury claimant is found to be more than 50 percent responsible for a crash, they are barred from recovering any damages at all. Other states use modified comparative negligence laws, which allow injured parties to collect their losses minus their percentage of fault.
There are some states that have laws requiring bicycle riders to wear helmets. These laws are generally lax for adults, but some states have laws that make it a crime to allow a child under a certain age to ride a bike without a helmet. Depending on the circumstances of a bicycle accident case, failing to adhere to state helmet laws could impact the outcome of the case.
Whether or not you were required to wear a helmet can also impact the amount of compensation you might receive for your injury claim. Since Georgia operates on a modified comparative negligence system, it is important to have a bicycle accident lawyer who knows how your failure to follow the law might affect your claim.
A bicycle accident lawyer can review your case and advise you of the best course to take. In many cases, an experienced lawyer could help you recover damages from the liable party for your injuries and losses.