East Cobb Bicycle Accident Attorney

Like many Atlanta suburbs, East Cobb is home to many dedicated and enthusiastic bicyclists. Indeed, bicycling has seen something of a Renaissance in recent years, as many Cobb County residents look to spend more time exercising outdoors and less time stuck in their cars or trucks.

Bicyclists have the same legal rights and responsibilities as any motorist. Unfortunately, there are still far too many motorists who refuse to accept that reality. As a result, we often see drivers engaging in reckless and dangerous behaviors around bicyclists. And far too often, it is the bicyclist who ends up paying the price when there is a collision.

If you have been seriously injured while riding your bike, you do not have to suffer in silence. Our East Cobb bicycle accident attorneys are happy to review your case and advise you of your legal options from seeking compensation. Ponton Law is a Georgia personal injury law firm that represents injured bicyclists and their families in dealing with insurance companies, negligent drivers, and other individuals and legal entities who can be held financially responsible for a preventable accident.

Proving Negligence in an East Cobb Bicycle Accident Case

The basis for any personal injury claim in Georgia is negligence. This is when an individual acts in a manner that is considered reckless or dangerous by normal society. A negligent act is not necessarily intentional. For instance, if you are riding your bicycle through East Cobb and get hit by a car, you do not have to prove the driver tried to hit you on purpose. You only need to show the driver hit you because they violated some traffic law or otherwise acted in a manner that is generally considered reckless under the circumstances.

One thing to keep in mind is that multiple parties may be considered negligent for a bicycle accident. Let’s say the driver that hits you was making a delivery for their employer. Under Georgia law, that employer is considered responsible for your injuries under the legal principle of vicarious liability. Additionally, if there was some mechanical defect in the driver’s car, or even your own bicycle, the manufacturer may also be held responsible under Georgia’s product liability laws.

Seeking Compensation for an East Cobb Bicycle Accident

Even after proving negligence in a Georgia bicycle accident lawsuit, the injured bicyclist must also prove they sustained damages as a result of the defendant’s negligence. Damages in this context refer to a person’s financial and other losses stemming from an accident. We often see substantial damages in bicycle accident cases due to the fact a bicyclist has almost no protection against the outside elements in the event of a crash.

Some common examples of damages that an injured bicyclist may recover include:

• reimbursement for all past medical expenses, including hospitalization costs and medications;
• compensation for any estimated future medical expenses and rehabilitation costs;
• compensation for any lost income due to time missed from work;
• compensation for the estimated loss of future earning capacity due to permanent or catastrophic injuries;
• reimbursement for property damage to the bicycle; and
• compensation for pain and suffering, emotional trauma, and other “non-economic” losses.

In cases where a bicyclist dies as a result of their injuries, Georgia allows their next-of-kin to file a special type of personal injury claim called a wrongful death lawsuit. Damages in wrongful death cases can include compensation for the grief and pain of the survivors, as well as reimbursement of the victim’s estate for their funeral, burial, and final medical expenses.

What If I Was Not Wearing a Helmet?

Under the laws governing Georgia personal injury claims, a jury must consider the relative fault, if any, of a bicyclist in causing their own accident. This fault determination can reduce the amount of compensation received by an injured bicyclist, and in some cases bar recovery altogether. That said, comparative fault is a complex legal and factual question. So the mere fact you were not wearing a bicycle helmet will not prevent you from seeking compensation from a negligent defendant.

Contact Ponton Law Today

Even following a bicycle accident where a motorist was clearly at-fault, you cannot expect their insurance company to simply pay for your damages without putting up a fight. Insurance companies are in the business of paying out as little as possible to settle claims. That is just one reason you should work with an experienced East Cobb bicycle accident lawyer who will stand up for your rights. If you need to speak with an attorney, contact Ponton Law today to schedule a free case evaluation.