Motorists injure bicyclists in traffic incidents almost every day. While helmets can protect riders from traumatic head injuries, even the most experienced cyclists run the risk of serious injury due to the negligence of other drivers. If you or a family member suffered injuries in a bicycle crash, you might be entitled to compensation.
A seasoned personal injury attorney from Bence Law Firm, LLC can assist you with filing a lawsuit and recovering compensation for your injuries. Discussing your case with a Columbus bicycle accident lawyer after a collision with a negligent driver is crucial to protecting your rights.
Types of Damages in a Cyclist Injury Lawsuit
The Official Code of Georgia § 51-1-6 provides that all damages in a civil case are recoverable. When calculating a financial award in a bike accident case, the jury must evaluate all economic and non-economic harm. An experienced Columbus bicycle accident attorney could investigate the circumstances of a particular incident and estimate the damages to accurately compensate victims for their injuries.
Two types of compensation are available to victims in a lawsuit regarding a bike accident. First, compensatory damages aim to repay victims for the physical, emotional, and financial harm they suffered from the accident, including:
- Medical bills or other related expenses
- Property damage
- Lost income and wages
- Pain and suffering
- Mental anguish
In certain situations, a judge may also award punitive damages to a bike wreck victim to punish the negligent party for especially egregious behavior. Punitive damages are meant to discourage other parties from breaching their duty of care in the future.
Modified Comparative Fault in Georgia
It important to remember that Georgia is a modified comparative fault state. This means that if a person seeking compensation for their injuries was partially at fault for the accident, their award amount might be reduced.
For example, if a bicycle accident victim was riding outside the bike lane or without a light at nighttime, the jury may determine the cyclist was also negligent. The jury will then apportion percentages of fault to the involved parties. So long as the person seeking compensation is not more than 50 percent at fault, they can still recover compensation. However, their damage award may be reduced by their percentage of fault. If the cyclist is determined to be 15 percent at fault and the damage award is $100,000, the cyclist can only recover up to $85,000. If the injured person seeking compensation is more than 51 percent at fault, they lose the ability to recover anything.
Statute of Limitations for Bicycle Crash Claims
Bicycle accident victims typically have two years to file a claim for injuries, according to O.C.G.A. § 9-3-33. Thus, whenever a person suffers injuries in a bike crash in Columbus, they should consult with a proactive lawyer like David Bence as soon as possible. Victims who wait to file a claim for compensation risk forfeiting their right to recovery.
Call a Columbus Bicycle Accident Attorney for a Consultation
If you were hit by a careless driver while riding your bicycle, do not hesitate to contact Bence Law Firm, LLC for immediate legal assistance. Working with a well-practiced Columbus bicycle accident lawyer could help you secure maximum compensation.
Call now for an initial review of your case and to discuss filing a personal injury claim.