Bicycle Accidents
Wrongful deaths which arise from bicycle accidents account for 2 percent of all traffic fatalities, and cyclists make up 2 percent of all persons injured in auto accidents. In 2002, 662 bicycle riders were killed in bicycle accidents and another 48,000 were injured in bike accidents. During the same year, bicycle riders represented 12 percent of all non-motorist traffic deaths. Over 47,000 riders died in bicycle accidents in the United States since 1932. While these statistics from the National Center of Statistics and Analysis are informative, a person needs only to talk to an experienced cyclist to appreciate the risks caused by a bicycle accident. If you would like to discuss your claim with a Georgia lawyer who handles bicycle accidents without any charge or obligation, click here.
Bicycle accidents occur regularly because drivers of automobiles are often not vigilant in looking out for cyclists. Even when cyclists take all proper safety precautions, bicycle accidents still take place. As the statistics indicate, when a bicycle accident does occur, the bicycle generally loses the battle. Bicycle accidents are very common on our roads today. Investigating bicycle accidents is complicated by the inherent bias which very often exists with police officers and the public against cyclists.
Significant financial losses are suffered by cyclists and their families because of the severe, debilitating and permanent injuries that arise from bicycle accidents. Fortunately, Georgia law provides a cyclist who is injured in a bicycle accident with the right to recover his or her damages from the party that caused the accident. These damages generally include, but may not be limited to, medical expenses, lost wages, funeral expenses and other economic losses. In addition, cyclists are entitled to a financial recovery for the pain and suffering that arises due to their injuries and treatment. The spouse of the injured cyclist is also entitled to recover for the loss of the companionship and services of their spouse. While a monetary recovery will never repair the damage to the cyclist, such a recovery will at least ease the financial burdens caused by a bicycle accident.
The insurance company for the responsible automobile or truck driver will begin their investigation of the bicycle accident immediately. It is the responsibility of the insurance company to limit the financial recovery from the bicycle accident to the lowest possible amount. Therefore, these companies have very specific and elaborate procedures for addressing bicycle accident claims, especially immediately after the claim arises.
When the claim is first reported, the insurance company generally will obtain recorded statements from the individuals involved in the bicycle accident and any witnesses; have the bicycle, car and bicycle accident scene examined;, have photographs of the bicycle, automobile and bicycle accident scene taken; obtain the police report on the bicycle accident; and try to determine the extent of injuries suffered in the bicycle accident. Usually the insurance company is able to complete all of these items within the few days after the bicycle accident occurs and many of them within the first 24 to 48 hours after the bicycle accident. If you wish to discuss your bicycle accident claim with a Georgia lawyer who handles these matters regularly without any charge or obligation, click here.
Each insurance company uses different approaches and tactics to deal with bicycle accidents. However, many insurance companies will seek a quick settlement of a bicycle accident claim. Their intention is to avoid payment of significant future medical expenses, lost wages and damages which are likely to develop due to a bicycle accident. Injured cyclists should avoid this trap when resolving their bicycle accident claims with insurance companies. It often takes months for a person injured in a bicycle accident to have their injuries completely assessed. Even after months, the injuries from the bicycle accident may require surgery or extensive rehabilitation.
Injuries caused by a bicycle accident may result in the cyclist being permanently disabled even after surgery. Accordingly, the actual value of a bicycle accident claim can only be appropriately assessed after a physician or other medical professional has established a firm prognosis. The law in Georgia allows in most, but not all injury matters, a two-year time period to file a lawsuit on a claim arising from a bicycle accident. Therefore, a cyclist does not need to hurry into a settlement with the insurance company for the driver who caused the bicycle accident. The injured party will regret the settlement later when his or her injuries from the bicycle accident become progressively worse.
Other significant issues also may develop when dealing with a bicycle accident claim. For example, if the health insurance company which pays the medical bills which arise out of the bicycle accident will often try to obtain reimbursement from the settlement of the claim with the insurance company for the responsible driver. However, there are a number of limitations on the right of the health insurance company to obtain reimbursement from the settlement of a bicycle accident claim.
If you were working when injured, the worker's compensation carrier will try to obtain reimbursement of any payments they make for medical expenses and lost wages caused by the bicycle accident. Just like with a health insurance company, there are significant limitations on the right of a worker's compensation carrier to obtain reimbursement from the settlement of a bicycle accident claim. It is important to understand these issues prior to entering into any settlement agreement for your bicycle accident claim with the insurance company. If you wish to discuss your bicycle accident claim with a Georgia attorney handling these type of claims without any charge or obligation, click here.
In Georgia, owners of autos and small trucks are required to have liability insurance coverage for bicycle accidents. The minimum insurance coverage required for bodily injury liability in Georgia is $25,000.00 per person and $50,000.00 per bicycle accident. Because these insurance limits often are insufficient to compensate a person injured in a bicycle accident, the injured person often must investigate what other insurance coverage is available to the driver who caused the bicycle accident.
The driver responsible for the bicycle accident may be entitled to insurance coverage from policies of the driver's family members, his or her employer, a rental car company or from an "umbrella" policy. Also, other persons or entities may be responsible for the bicycle accident. For example, if the roadway or a traffic light was defective, the responsible government agency may be liable for the bicycle accident. Further, the cyclist's own insurance policy may provide coverage for the injuries suffered in the bicycle accident through the uninsured or underinsured provisions of the cyclist's automobile policy. Only a thorough analysis of the injured person's insurance policy can determine if a recovery can be made from the policy for injuries suffered in a bicycle accident.
Assessing the proper financial value of a bicycle accident injury claim is complicated. To determine the proper value of such a claim, one must evaluate the nature and level of the injury; the financial losses which are recoverable; and the liability or responsibility issues related to the bicycle accident. In addition, the location or venue where a trial will occur and any prior injuries suffered by the cyclist are issues which must also be factored into an evaluation of an injury claim arising out of a bicycle accident.
The insurance companies for the responsible driver have significant experience in assessing injury claims from bicycle accidents and will always try to pay the lowest possible amount. Accordingly, it is important to have a lawyer or attorney with considerable experience dealing with insurance companies in bicycle accident matters working on your behalf. It is best to retain the services of a Georgia bicycle accident attorney or lawyer. Your attorney or lawyer must be prepared to file a lawsuit if the insurance company for the driver is unwilling to settle your bicycle accident claim for an appropriate value.
If you wish to discuss your bicycle accident claim with a Georgia lawyer handling these matters without any charge or obligation, click here.