When bicycles get into an accident with a car, the consequences can be serious. Even small collisions often leave the cyclist with painful injuries and hefty medical bills. If you’re a bicyclist who was injured in an accident, you might be wondering where to turn during this frustrating process. This is where a Tucker bicycle accident lawyer can help.
Our lawyers have more than 20 years of experience helping victims of accidents in the Tucker area. Our sole focus is helping personal injury victims—like cyclists—get the money they need to recover after the accident. We know what it takes to pursue a truly fair settlement for you, and we work tirelessly for it. For a FREE consultation with one of our attorneys, give us a call today at 404-341-6555 or fill out the form to the right to get started.
Will the driver’s insurance pay for my injuries?
Legal liability for your injuries falls on whoever is at fault for the accident. According to Georgia law, the at-fault party is responsible for all costs and damages that occurred. If the driver was at fault for your bicycle accident, their insurance should pay for the damages. Some actions that could lead a driver to be at fault include:
- Not yielding to you, as the cyclist, even when you had the right of way
- Not providing enough room for you to ride on the road
- Not following traffic laws
- Blocking a bike lane
- Not paying attention on the road
- Driving with distractions, such as texting or talking on their phone
- Driving under the influence of alcohol or drugs
In Tucker and the whole state of Georgia, bicycles are treated at “vehicles” on the roads—meaning they must follow the same traffic laws as other drivers. It also means they have the same right to be on the roads as motor vehicles. However, many car drivers don’t realize this or feel that bicycles shouldn’t be on the road. As a result, they may make decisions that put you in harm or don’t give you enough room to ride safely.
We always urge our bicycle accident victims to never apologize or accept the blame for an accident that wasn’t your fault—even if the other driver tries to blame you. This is not just to be nice—any statements of innocence made could be used against you when you pursue an insurance claim. Remember that if the driver was to blame for the accident, they are liable. Their insurance company has a responsibility to pay for costs associated with the accident and your injuries. An experience bicycle accident lawyer can help fight for you to ensure that they do.
What if someone opened their car door and hit me?
A cyclist can get “doored” if they’re riding past a parked car and collide with the open door. Injuries from getting doored can range from minor scraped knees to concussions or brain injuries; they aren’t to be taken lightly. If you were injured from being doored, you likely have a personal injury case.
Most of the time, if a person opens their car door and doors a cyclist, they are liable. Drivers and passengers should check for oncoming cyclists before opening their doors where there is moving traffic, according to Georgia law. They’re also legally required to not leave a car door open longer than is necessary for passengers to get in or out. If they were in violation of this, you might have a case. Consult with a bicycle accident lawyer to find out for sure.
There was no bike lane. Do I still have a valid claim?
Yes, you likely do. Georgia drivers must treat bicycles like vehicles and share the road, even if there was no bike lane available. The only exception would be if biking was specifically prohibited on the road (but this is rarely the case).
What if I hit a pothole or obstacle? Who is liable?
Sometimes, a bicycle accident can be caused by something on the road itself instead of another driver. This could be roadway hazards, broken pavement, debris, or other obstacles that prevent you from riding safely. In this case, you may still have a bicycle accident claim. To increase your chances, gather as much information as you can after hitting the obstacle:
- Note the exact location where the injury happened. If you’re not sure of the address, look for street signs, big landmarks, businesses or even mile markers as indications.
- Use your phone to take pictures of the scene, including the things mentioned above. Take pictures of any injuries you suffered and of the specific obstacle that caused your accident.
- If the accident was caused by a problem with road maintenance, look for information that indicates who is responsible for it. This will help you and your lawyer find out whether you need to file the claim with the town of Tucker or the state of Georgia.
Even if your accident wasn’t caused by another person directly, don’t assume you’re to blame for hitting something on the road. Chances are, the obstacle was caused by someone’s negligence in maintaining the road or keeping it safe from harm.
Talk to a Tucker Bicycle Accident Lawyer for Free
As a bicycle rider, you have the same right to be on the road as everybody else. Don’t let other drivers or insurance companies try to blame you for an accident that wasn’t your fault. Out lawyers have dedicated their careers to helping people like you get back on their feet after an accident. Let us give you a FREE consultation to discuss your next steps. It’s no-obligation way to get on the phone with a bicycle accident lawyer and confirm whether you have a case. For your free consultation, call us at (404) 341-6555 or fill out the form to the right to get started today.
