How Do I Get Cycling Accident Compensation?

In a large metropolitan place like Atlanta, many people ride their bikes all over the city. A lot of cycling activity inevitably comes many accidents. While victims of cycling accidents must prioritize their health, they may also wonder, “How do I get cycling accident compensation?”

Understanding what to do after a cycling accident is important to get the fairest compensation, which includes working alongside an experienced Atlanta cycling accident attorney.

Steps to Take After Your Cycling Accident

1. Safety and Health

First priority after a cycling accident is safety and health. If you can, move to a safe location away from traffic to prevent further harm. Check yourself for injuries and call 911 if you need emergency help. Even if injuries seem minor, get a professional medical check-up to assess any bike accident injuries and rule out any serious conditions that may not be obvious.

2. Gather Info

Getting info at the scene is key for your bicycle accident claim. Exchange details with the other party involved, their driver’s license, insurance info and contact details. Document the scene by taking photos and videos of the location, vehicles and any visible injuries. If there are witnesses get their contact info as their statement will be useful later.

3. File a Report

Filing a report is another way to document the accident officially. Make sure the report is accurate as you remember the events. This will be important evidence when you make your insurance claim, go to court, or file a compensation claim.

4. Get Medical Help

Regardless of how minor your injuries are get medical attention as soon as possible. Medical records are key to proving the extent of your injuries and your claim. Follow all treatment and attend all follow up appointments to get a full recovery and complete medical records.

Liability and Fault

Who is at fault in a cycling accident is key to a successful claim. Fault is determined by looking at the actions of all parties involved at the time of the accident. Common causes are driver negligence, cyclist error, road hazards and defective bike parts. A thorough investigation with police reports, witness statements and accident scene evidence will help determine who is to blame in bicycle accident claims.

Shared Fault

In some cases both the cyclist and driver may be at fault. Georgia is a modified comparative fault state, which means you can still recover if you are less than 50% at fault. But your recovery will be reduced by your percentage of fault. For example if you are 20% at fault your recovery will be reduced by 20%.

Evidence

Evidence is crucial to proving fault. This includes photos of the accident scene, witness statements, traffic camera footage and expert testimony if needed. Good evidence supports your claim and helps establish the other party’s liability.

Legal Help

Fault and liability can be complicated. Hiring a bicycle accident lawyer can be helpful. A lawyer will investigate the claim, gather the evidence, build a strong case to prove the other party’s fault, handle negotiations with insurance companies, and represent you in court if needed.

Representation of Cycling Accident Compensation with Money and Gavel

What you can claim

Medical Expenses and Bills

Medical costs are often the biggest and most immediate expense after a cycling accident. Compensation can cover emergency room visits, surgeries, hospital stays, rehabilitation, and any ongoing treatment. Keep all medical bills and records as they will be the evidence to support your claim for these expenses.

Lost Wages and Compensation

If your injuries prevent you from working you can claim lost wages. This includes not only the income you lost during your recovery but also any future earnings if your injuries result in long term disability or reduced earning capacity. Get documentation from your employer and medical professionals to support this claim.

Pain and Suffering

Pain and suffering compensation covers the physical pain, emotional distress, and severe injuries caused by the accident. Unlike medical expenses or lost wages, this type of compensation is harder to quantify. It includes the impact on your life, ongoing pain, anxiety, or depression caused by the accident. Medical records and psychological evaluations will help prove the extent of your pain and suffering.

Property Damage

The cost to repair or replace your bicycle and any other personal property damaged in the accident is also compensable. This can include your helmet, clothing or electronic devices that were damaged in the crash. Make sure you have receipts or appraisals for these items to support your claim.

Punitive Damages

In cases where the at-fault party was reckless or malicious punitive damages may be awarded. These are to punish the wrongdoer and deter future behaviour. Punitive damages are not usually covered by insurance and need a court decision to be awarded.

Georgia Statute of Limitations

Time Limits

In Georgia, you have 2 years from the date of the cycling accident to make a personal injury claim. If you miss this deadline, you will forfeit your right to claim.

Why Time Matters

File your claim as soon as possible to preserve your legal rights and keep evidence fresh. Delaying can weaken your case.

Exceptions

Exceptions are minors who have until they turn 18 plus 2 years and claims against government entities which may have shorter time frames and special notice requirements.

How to Win Your Claim

1. Thorough Documentation

Keep a record of everything related to your cycling accident for your bike accident claim. This includes medical records, police reports, photos of the accident scene, and any correspondence with insurance companies. The more detail the better as it will provide clear evidence of the accident and your injuries.

2. Consistent Communication

Keep in touch with your insurance company, healthcare providers and legal counsel. Let everyone know of your medical progress and any changes in your situation so your claim runs smoothly. Don’t have any gaps in communication which can delay your claim or jeopardize your compensation.

3. Don’t Settle Too Soon

Insurance companies will offer quick settlements to pay out as little as possible. These initial offers are usually lower than what you may be entitled to. Don’t settle before you fully understand the extent of your injuries and get legal advice to review the offer.

4. Get a Lawyer

Having experienced personal injury lawyers will increase your chances of a successful claim. A lawyer will handle the legal process, negotiate with insurance companies and fight for your rights so you get the maximum compensation.

5. Deadlines

Be aware of the statute of limitations and any specific deadlines for filing in Georgia. Missing a deadline will forfeit your right to compensation. Set reminders and keep a calendar to get all paperwork in on time. A lawyer can help keep you on track throughout the process.

6. Get Medical Help

Get medical attention as soon as possible after the accident even if the injuries seem minor. Medical records are key evidence of your injuries and necessary for a claim. Follow all treatment and attend follow up appointments to get full documentation of your medical condition.

Contact an Experienced Atlanta Cycling Accident Lawyer Today!

Being involved in a cycling accident can be stressful, but the frustration can be alleviated when you take the correct steps in making a cycling accident claim. To make sure you get the fairest compensation possible, you need an experienced cycling accident attorney by your side. At Buddoo and Associates, we’re dedicated to help you with your claim.

New clients get a free case review, so contact us ASAP at 404-870-3557!

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