In a bicycle accident, it’s difficult to determine who is at fault. There are several parties who may have exhibited negligent behavior such as the driver, the construction company who laid the pavement, the city worker who failed to put up the appropriate traffic signage, and many others. Fault requires a careful examination of the scene of the accident.
All of the parties involved will have their individual responsibility evaluated in addition to the traffic control systems in place and the surface of the roadway.
Who Can File a Bicycle Accident Lawsuit in Atlanta?
Anyone injured while riding a bicycle or anyone who has a family member killed because of someone else’s negligence may file a lawsuit after a bicycle accident. Though rare, those who sustain an injury after being hit by a bicyclist may also file a lawsuit if they can prove the bicyclist was negligent.
The spouse of the injured or deceased party may file suit if their spouse is no longer able to fulfill their marital duties as a result of their accident. Additionally, if a bicyclist is injured or sustains injuries that prove to be fatal as the result of a defective helmet, tire or bicycle design, the bicyclist or the surviving members of the family may file a lawsuit against the supplier, manufacturer or retailer of the tire, helmet or bicycle itself.
Because the laws governing bicyclists are so complex, it’s best to speak with an experienced attorney from a personal injury law firm in Atlanta in Atlanta who can provide clarity about your legal rights under Georgia law.
Common Injuries Sustained in a Bicycle Accident
Even with the proper safety equipment, bicyclists that collide with motor vehicles can sustain serious injuries that may even be life-threatening. Due to the nature of this type of accident, there are several kinds of injuries that are common after a mishap on a bicycle.
- Eye and face injuries result from the rider coming into contact with cement, asphalt or other roadway surface. Impact with a vehicle may lead to fractures in the face, contusions, lacerations or foreign bodies being lodged in the eyes.
- Skull fractures, brain contusions, intracranial hemorrhaging, and concussions result when a bicyclist’s head strikes a hard surface. They may suffer brain damage that’s temporary or permanent resulting in dizziness, headaches, nausea, changes in behavior and memory loss.
- Injuries to the abdomen and chest come in the form of broken ribs, shoulders and collarbones. A bicyclist’s lungs can also be damaged in an accident.
To keep roads safe, there are many precautions taken by the government and organizations like the National Safety Council.
However, in Atlanta, the likelihood of a bicycle accident is high because there are so many reckless drivers on the road operating their vehicle while distracted. Bicyclists can be injured by many hazards including:
- Cars turning without signaling
- Roadway defects
- Vehicles ignoring lanes marked for bicyclists
- Debris in the road
- Bicyclists being rear-ended
- Impatient drivers attempting to pass a bicyclist
No one can foresee being injured on their bicycle, but the actions you take following an accident will have a direct impact on the possibility of you recovering damages from the responsible party. Experienced attorneys at a personal injury law firm in Atlanta are able to protect your legal rights as a cyclist and get you the highest monetary award for which you are eligible.