When a cyclist gets hit, there’s one thing you can count on: everyone else will scramble to avoid the blame. Drivers blame the biker, police often don’t ticket the driver, and insurance companies try to deny the claim. As a result, many bicyclists who get injured in Cumming feel like they have no rights and no options. But that isn’t true—and having a lawyer on your side makes a difference.
When you talk to a Cumming bicycle accident lawyer, you immediately get an ally. Someone who will give you a straight answer, help you make smart choices, and assemble the evidence so you can get the money you need. Injuries from a bicycle accident can be expensive, painful, and life-changing—and you have a right to recover money.
Let us give you a FREE consultation with a top Cumming bicycle accident lawyer. Call us at (404) 341-6555 or fill out the form to the right to get your free consultation today.
A driver hit me while I was on my bike. What should I do?
In the moments and weeks after an accident, there are steps you can take to help ensure the best possible outcome for your case. The most important step is to look out for your own safety. Drivers get irrationally angry at cyclists. After an accident, the first thing they may do is blame you—and possibly get aggressive. Do your best to stay calm, don’t argue, and wait for authorities to arrive.
If you need emergency help, you’ll need to call 911 right away. But if you’re able to stay at the scene, here are steps you can take:
- Get the license plate. It’s sad to say that the rate of hit-and-runs against bicyclists is high. One of the first things you should do is memorize, write down, or snap a picture of the license plate of the car that hit you.
- Call the police. Driver’s don’t always think this is necessary with a bike accident, but it is. Without a police report you have no official record of your accident. The police also serve as an objective third party so it isn’t your word against the driver’s later on.
- Tell the police if any laws were violated. Some officers care deeply about cyclists, but many don’t take bike accidents as seriously as car accidents—and they may not be as familiar with the relevant laws. In Georgia, cars have to respect bike lanes, and must give cyclists at least 3’ of extra space when passing—whether there’s a bike lane or not. And you have a right to be in the street, not just the shoulder. Stay calm, explain to the officer what happened, and if the driver broke the law, ask them if they’re going to issue a ticket.
- Take pictures. Nothing shows what happened better than pictures and video. Get the scene, the vehicle, the damage to the bike, and any other key details. The more the better.
- Get witnesses. Are there people nearby? Did any other drivers stop? Ask everyone what they saw. If someone witnesses the accident, get their info so that we can contact them later.
The days after the accident are also a time to protect your rights. Once you’ve left the scene, there are a few things you can do to help the outcome of your case:
- Go to a doctor. Many injured bicyclists require immediate treatment, but even if you don’t, see a doctor right away. Not only does this help you get better, it clearly documents your injuries.
- Talk to a lawyer. Don’t wait to get a lawyer involved. A free consultation costs you nothing, and can be completed in 30 to 60 minutes. It may be the single best call you make.
- Be careful talking to insurers. Insurance companies will look for ways to trick you into wrongly admitting fault or wrongly understating your injuries. And they almost never offer the full amount you deserve. Once you have a lawyer, they can handle the insurers for you.
Who is liable for my bicycle accident?
There are several different parties who could be at fault depending on how your accident happened:
- Bike accidents with vehicles: Liability will be based on fault, as with car-on-car accidents in Cumming and across Georgia. In a bicycle accident, it’s rare for the cyclist to be the sole person at fault. It’s usually either the vehicle driver’s fault, or some amount of fault is shared by both sites. But you have to fight to prove this to the insurer.
- Getting “doored”: This works like a vehicle accident, except that the person in the car is almost always at fault. A cyclist cannot easily predict when a car door will open, so the responsibility falls on the person who failed to look before exiting the car.
- Bike accidents with pedestrians: These can be very complicated. If you were biking on a sidewalk, you may be considered at fault. If not, then determining fault will be based on what exactly happened, and witness statements make a big difference. But careless pedestrians can be liable for causing a bicycle accident.
- Hitting bad pavement or an unmarked obstacle: City, county and state governments are responsible for maintaining roadways and you may be able to recover money if the pavement problem was severe, or if there was an unmarked obstacle like an open manhole. If the hazard was in a parking lot or private road, then the property owner may be liable.
What all of these situations have in common is that your claim will almost never be against the liable party themselves. Usually, it will be with their insurance company. And your claim can include all of the money you need for injuries, missed work time, bike repairs, and pain and suffering.
Talk to a Cumming Bicycle Accident Lawyer for Free
Anyone who loves to bike knows that cyclists have rights too. Unfortunately, those rights are often overlooked if you don’t have the legal expertise to fully pursue your claim. Let us put a top lawyer on your case who can help YOU get the money you deserve. Our consultation is free, and we charge nothing if we don’t win money for you. Call us at (404) 341-6555 or fill out the form to the right to get your free consultation today.