Over the years, our bicycle accident lawyers in Lawrenceville have realized that some people are afraid to sue somebody. Even if they know, deep down, that the other party was responsible for their injuries, they seem to think they don’t have a right to press the issue.
Our Lawrenceville accident attorneys have helped hundreds of bicycle accident victims get the compensation they deserve.
Technically, Bicycles Are Considered Vehicles in Lawrenceville, Georgia
Some of our clients are surprised to learn that, in Georgia, bicycles are considered vehicles. Of course, they aren’t motor vehicles. However, they are required to follow the same rules as other drivers.
What this means is that there’s a good chance the other driver will argue that you were partly at fault. In most of the cases our Lawrenceville accident attorneys handle, our clients are partly at fault.
The important thing to remember is that this does not mean you can’t collect damages.
Bicyclists Are Required to Drive in the Same Direction as Motor Vehicles
If you’re riding a bicycle, you are required to follow the same traffic laws as everyone else. This means that you need to ride in the same direction as the cars and SUVs sharing the road with you.
If you are driving in the face of traffic and get into a collision, you may have a hard time proving fault. The way it will look to a potential jury or judge is that you were a major distraction to all the people who were driving in the right direction.
Your Lawrenceville Accident Attorney Knows You Must Stop at Red Lights and Stop Signs
Another rule you have to follow has to do with stop signs and red lights. Just because you’re on a bike, that doesn’t mean you don’t have to follow these rules.
If you plan on turning right, you need to signal that you’re turning right. If you plan on making a left-hand turn, you need to be in the correct lane.
To Recover Damages, Your Bicycle Accident Lawyer in Lawrenceville Must Prove Fault
Whether you were riding a bicycle, a motorcycle, or a tractor, your Lawrenceville accident attorney still needs to prove fault. Nobody is automatically entitled to damages simply because they were at a disadvantage by being on a bicycle.
It is not a given that the person in the motor vehicle was responsible. Your bicycle accident lawyer in Lawrenceville must show that the driver was at fault for your crash.
Your Lawrenceville Accident Attorney Must Prove That the Defendant Was Negligent
To prove fault, your Lawrenceville accident attorney needs to prove that the defendant was negligent. This is not always easy to do. They’ll need to submit specific evidence to demonstrate this fact.
To prove the defendant was negligent, your bicycle accident lawyer in Lawrenceville must show the following four (4) things.
Duty of Care
It will not be hard to prove the defendant owed you a duty of care. All drivers owe a certain duty of care to other motorists. At a minimum, the other driver must follow all local traffic laws.
Breach of Duty
Your attorney must show the other driver breached this duty. This is where it becomes difficult. Your bicycle accident lawyer in Lawrenceville has to point out what the defendant did wrong. They must point to a specific law or a specific rule of the road that they violated.
Injury
It’s not enough that you were involved in a bicycle accident. You need to prove that you were hurt. This is why it’s critical that you go to the hospital immediately after the collision.
Causation
Your lawyer must prove that your injuries were caused by the defendant’s breach of duty. In any personal injury case, you need to prove causation. This shouldn’t be hard. The only way the defendant can overcome this claim is that something other than your bicycle accident caused your injuries.
If your Lawrenceville accident attorney can prove these four things, there’s a good chance you’ll be entitled to damages.
What if You Are Found to Be Partly at Fault for the Crash?
As we said earlier, there is always the chance that you can be found partially at fault. You may wonder how this can be when you’re on a bike and the defendant is in a car.
If the defendant’s lawyer can prove that you violated a traffic law, you can be found liable as well. If this happens, all is not lost. Your bicycle accident lawyer in Lawrenceville can still demand damages.
Georgia Follows the Modified Comparative Negligence Rule
In Georgia, you can collect damages even if you were partly at fault. This is because Georgia follows something called the modified comparative negligence rule.
With the pure contributory negligence rule, a plaintiff cannot collect a dime if they are even 1% at fault. However, with the modified comparative negligence rule, you can still collect damages.
As long as you were less than 50% at fault, you can still collect damages.
Your Damages May Be Reduced by Your Percentage of Fault
The way the rule works is that your damages will be reduced by your percentage of fault. For example, imagine that you sued the person who hit you for $500,000.
The court finds that you were 20% at fault because you did not signal when you made a right turn. Your damages will be reduced by 20% or, $100,000. This would leave you with $400,000.
Don’t Let Your Fear of Being Partially at Fault Cost You the Compensation You Deserve
Our Lawrenceville accident attorneys understand how intimidating it can be to file suit against somebody. This is not something most people have to deal with. However, even if you were partially at fault, you may be entitled to damages.
The only way to find out whether your case is worth pursuing is to contact a seasoned bicycle accident lawyer in Lawrenceville.
We do offer new clients a free, initial consultation. This gives you a chance to sit down with an experienced Lawrenceville accident attorney who knows the law and will not back down from the defendant.
Our goal is to get you the compensation you deserve.
