Atlanta Bicycle Accident Lawyer

Table of Contents

• Why Choose Us for Your Atlanta Bicycle Accident Claim?
• Negotiating an Appropriate Settlement
• Recovering Compensation for Your Injuries After an Atlanta Bicycle Accident
• Types of Recoverable Damages in Bicycle Accident Claims
• Wrongful Death After an Atlanta Bicycle Accident
• Building a Case Against the At-Fault Driver After an Atlanta Bicycle Accident
• How Our Atlanta Bicycle Accidents Attorneys Prove Negligence for Your Claim or Lawsuit
• Talk to Our Atlanta Bicycle Accident Lawyers for Your Free Consultation

Why Choose Us for Your Atlanta Bicycle Accident Claim?

The bicycle accident attorneys Buckhead Law Saxton Accident Injury Lawyers have fought for the rights of traffic accident victims in Atlanta since 1977. We know how to navigate the claims process, follow applicable laws, and secure a fair payout. We seek justice for clients like you based on the facts of their case. This justice comes in the form of compensation that covers the injuries, expenses, and losses they experienced.

Every day, we work with our clients to demand fair compensation from liable parties and their insurance companies. Our extensive experience in and around Atlanta means we know how most insurers serving the area work. We know what to expect when we handle accident cases, making it easier to manage the entire process for you.

Negotiating an Appropriate Settlement

We also understand the work involved in convincing an insurer to take our clients seriously. Most companies rarely—if ever—agree to pay an injured victim appropriately without a lot of evidence to convince them. Once we build a solid case and show them that we’re prepared to take the case to trial if necessary, the next step is negotiating a settlement on your behalf.

Our attorneys demand that insurance companies pay our clients appropriately based on the estimated value range for their case. We don’t want injured clients to settle for too little and be left paying out-of-pocket expenses later. Our team will not back down if the insurance company refuses to make a fair offer, denies the claim, or other issues indicate that filing a lawsuit is a better option.

Buckhead Law Saxton Accident Injury Lawyers, P.C. is a contingency fee firm. That means we do not charge any money up front, including retainers or other fees. We only charge attorney’s fees as a portion of your total payout. If we do not win your case, you owe us nothing.

Recovering Compensation for Your Injuries After an Atlanta Bicycle Accident

Despite heavy traffic and many steep hills, Atlanta is still considered a bike-friendly city. City and local governments have made efforts to improve and expand infrastructure for cyclists, and more people ride downtown today than in previous decades. However, commuters and others on Atlanta’s busy surface streets are not always accustomed to sharing the road.

Collisions happen, and cyclists often suffer injuries such as:

• Head, neck, or back injuries
• Traumatic brain injuries (TBIs), including concussions
• Spinal cord injuries
• Fractures
• Internal injuries
• Serious lacerations, contusions, or puncture wounds
• Joint injuries, including torn ligaments or tendon injuries
• Crush injuries

When severe bicycle accident injuries occur in Atlanta, victims can receive treatment at Grady Memorial Hospital, which is a Level I trauma center and also has a renowned burn center. Where you go after a bicycle crash depends on many factors, including your location and the type of injuries.

Once the hospital stabilizes you and your injuries begin healing, your mind will likely turn to the cost of your treatment—especially if you miss work for an extended period of time. From the ambulance ride to surgery to follow-up care, medical expenses can quickly add up.

Types of Recoverable Damages in Bicycle Accident Claims

State law allows bicycle riders injured in accidents to seek compensation based on the at-fault driver’s auto liability insurance coverage or a civil lawsuit. This includes current and future damages, as well as intangible losses.

Every personal injury claim is unique, but common examples of recoverable damages include:

• Medical bills, including transportation, hospitalization, rehabilitation, and follow-up care
• Future expenses related to medical care and support
• Lost income from missed work
• Reduced ability to work and earn
• Property damage
• Miscellaneous expenses
• Pain and suffering
• Other non-economic losses

Under some circumstances, state law allows victims to request punitive damages in court. The case must go to trial, and evidence must show the at-fault driver acted intentionally or with wanton disregard for the victim’s safety. Only then can a jury grant this type of compensation, and it’s rare in bicycle accident cases.

Wrongful Death After an Atlanta Bicycle Accident

State law also allows families to pursue wrongful death damages after a fatal accident. When a bicycle accident victim dies before they can file a personal injury claim or lawsuit, their immediate family members can pursue damages on their behalf. Our Atlanta bicycle accident lawyers also handle wrongful death claims and can seek compensation for the economic and non-economic losses the family has experienced.

Building a Case Against the At-Fault Driver After an Atlanta Bicycle Accident

Many traffic laws protect bicyclists, so the driver is often at fault when a bicyclist gets hit by a vehicle in Atlanta. After all, bicyclists are at a much higher risk of severe injuries in a collision than vehicle occupants—especially those in large cars, trucks, and SUVs.

Under state law, victims can hold the at-fault driver legally responsible for their bicycle accident injury and damages through a personal injury case.

State law also requires every driver to carry a minimum amount of auto liability insurance, which includes:

• Bodily injury liability: $25,000 per victim and $50,000 per incident
• Property damage liability: $25,000 per incident

This coverage often allows our attorneys to demand compensation from the driver’s insurer instead of taking a case to trial. First, we present the evidence available to show their policyholder caused the accident and our client’s injuries. Next, we offer documentation of their costs and losses and negotiate to reach a fair settlement. This is the outcome in most of the successful cases we handle.

Gathering Evidence Is Key

Whether we settle with the insurer before or after suing—or if we take the case to trial—having strong evidence to support our allegations and demands is important.

We work to develop a solid case against the at-fault driver by investigating what happened and collecting evidence, which could include:

• The police report and other official documents
• Relevant medical records
• Eyewitness statements
• Accident reconstruction
• Accident scene survey
• Physical evidence
• Photographic and video evidence
• Expert opinions
• Documentation of damages

The attorneys at Buckhead Law Saxton Accident Injury Lawyers, P.C. know where to look for evidence and have a network of experts we call on to help us build strong cases. We know what it takes to prove the at-fault driver caused the accident.

Common Reasons for Atlanta Bicycle Accidents

Some common reasons why cars collide with bicycles include when drivers:

• Ignore stop signs, red lights, and other traffic control devices
• Fail to yield when turning
• Do not see the bicyclist when reversing, merging, or entering traffic
• Open their vehicle doors into the cyclist’s path
• Do not leave enough room when passing the cyclist on the road
• Fail to see the bicyclist because of distracted driving

In many cases, drunk, drugged, or drowsy driving also contribute to bicycle accidents. Our attorneys will work to hold the at-fault driver legally responsible for their mistakes and bad behavior behind the wheel. Let us get to work on your case today.

How Our Atlanta Bicycle Accidents Attorneys Prove Negligence for Your Claim or Lawsuit

Negligence is the foundation of most personal injury claims, including bicycle accident cases. It is a legal concept that refers to a person’s failure to exercise reasonable care, resulting in harm or injury to another person. When an individual or entity acts carelessly or recklessly, disregarding their duty to ensure the safety of others, they can be held liable for the damages caused by their negligent actions.

To have a successful bicycle accident lawsuit based on negligence, four essential elements must be established:

1. Duty of Care: The first element is to demonstrate that the defendant (the person or entity responsible for the accident) owed a duty of care to the plaintiff (the injured cyclist). This means that the defendant had a legal obligation to act in a manner that a reasonable person would under similar circumstances to ensure the safety of others. In the context of a bicycle accident, drivers have a duty to operate their vehicles safely and follow traffic laws.
2. Breach of Duty: The second element involves proving that the defendant breached their duty of care. This means that they failed to act as a reasonable person would have in a similar situation. Examples of breaching the duty of care in a bicycle accident case may include a driver speeding, running a red light, or failing to yield the right-of-way to a cyclist.
3. Causation: The third element requires establishing a causal link between the defendant’s breach of duty and the plaintiff’s injuries. In other words, it must be shown that the defendant’s negligent actions directly caused the bicycle accident and the resulting injuries. This can be proven through evidence such as witness statements, police reports, and expert testimony.
4. Damages: The final element involves demonstrating that the plaintiff suffered actual damages as a result of the defendant’s negligence. Damages in a bicycle accident case may include medical expenses, lost wages, pain and suffering, and property damage (such as the cost of repairing or replacing the bicycle). The plaintiff must provide evidence of these damages to support their claim.

If all four elements of negligence can be established, the plaintiff has a strong case for a successful bicycle accident lawsuit. It is crucial to gather evidence, consult with an experienced Atlanta bicycle accident lawyer, and build a compelling case to hold the negligent party accountable and secure the compensation the injured cyclist deserves.

When our attorneys build a case, we gather the evidence available to document each of these four elements. Proving negligence helps us convince the at-fault driver’s insurance company that their policyholder is legally responsible for our client’s injuries, expenses, and losses.

When to Move Forward With a Lawsuit

If the insurance company denies the claim or refuses to pay an appropriate settlement, we still have another option—suing the driver. There are numerous reasons why we might recommend suing the driver in a bicycle accident case, depending on your specific circumstances. We often do not know if a lawsuit is necessary until after we prepare and file a claim. In other situations, we could decide to approach the case this way from the beginning.

Some reasons why we might opt to sue the at-fault driver include:

• There are arguments about case facts
• The insurer denies coverage
• There is little progress on a settlement agreement
• Time is running out to file

Many lawsuits still end in a negotiated settlement. However, if there is no agreement and the trial date arrives, we present the case to the judge and jury and ask them to award fair compensation to our client. We have extensive experience in representing clients at trial.

We understand how difficult it is to face financial concerns while healing from serious injuries. Whether negotiating with the insurer or representing you at trial, our attorneys can manage your legal case and fight to recover the compensation you deserve, so you can focus on getting better.

Timeline for Pursuing Compensation After an Atlanta Bicycle Accident

Our attorneys encourage all bicycle accident victims to connect with our team as soon as their injuries allow. Some evidence becomes significantly more difficult to gather and analyze as time passes. Nearby businesses might record over surveillance video, rain could wash away brake marks on the street, and witnesses might begin to forget details about what they saw.

While there is generally still enough evidence to move the case forward, some lost evidence could be crucial to having a strong and convincing case. Without proper evidence, we might need to take additional steps to prove negligence or liability, or sue the at-fault driver and ask a jury to hold them accountable. Both of these could mean a longer wait for a payout and more time spent fighting for compensation.

If we need to sue, certain deadlines do apply. Usually, state law only gives us two years from the accident date to file the paperwork to begin a personal injury lawsuit. The deadline for a wrongful death claim is two years from the date of death as well. Missing this deadline—which is also known as the statute of limitations—could mean losing the right to sue, making it far more difficult to recover compensation in the case.

Jean Paul Brunache, Atlanta Bicycle Accident Attorney

Talk to Our Atlanta Bicycle Accident Lawyers for Your Free Consultation

Buckhead Law Saxton Accident Injury Lawyers, P.C. provides free consultations for bicycle collision victims in Atlanta. If you or a loved one suffered injuries caused by a negligent driver, our team can build your case and seek compensation for your injuries, expenses, and losses—managing every step of your claim or lawsuit for you.

Because our attorneys work on a contingency fee basis, you have nothing to lose and everything to gain. To learn more, contact us at (404) 890-5631 or (770) GET PAID today for a free consultation. We have a team member available to take your call now.

Buckhead Law Saxton Injury & Accident Lawyers, P.C. – Atlanta Office

1995 N Park Pl SE Suite 207,
Atlanta, GA 30339
404-890-5631