Atlanta Bicycle Accidents
Written by Beryl Gay
Recently, the state of Georgia passed a bill that may well prove beneficial to many cyclists. The bill, called the Better Bicycling Bill, requires that motorists give cyclists at least a three-foot buffer. This buffer, in turn, gives security not only to the cyclist but to the motorist as well. For the cyclist, it provides the security of knowing that they have a much lower chance of being brushed as a car rushed by. On the other hand, the motorist has the security of knowing that should the cyclist suddenly change direction, the buffer should provide enough distance for both the motorist and the cyclist to react.
Unfortunately, bicycle accidents are all too common. Motorists may fail to provide a three-foot buffer or otherwise cause injury to a cyclist through negligent or careless driving. However, if a cyclist has been injured through no fault of their own and as the result of someone else's negligent or willful conduct, they may be entitled to money damages. These damages may cover medical expenses, lost wages, and any pain and suffering caused by the accident.
The cause of the accident is important
In motor vehicle accidents, it can often be difficult to determine the cause of the accident. This is especially true with regards to cycling accidents where the evidence left behind may be utterly destroyed by the accident. However, determining the cause is nonetheless an important factor in laying the grounds for a civil claim for personal injury compensation.
First, the negligence of each party needs to be determined. In some cases, the driver may only be partially negligent for the accident, which may reduce the amount of money damages. In other cases, a person who is not even present at the scene of the accident may be partially responsible. This is often true in drinking and driving accidents where a bartender allowed a patron to become grossly intoxicated.
After negligence is determined, the cause of the cycling accident must be ascertained. This is because the accident must be caused by the alleged negligence. Moreover, the amount of money damages may be increased if the motorist was breaking a law at the time of the accident. For example, a violation of the Better Bicycling Bill may be grounds to increase the amount of money damages beyond the physical harm caused to the cyclist.
The law can be a complicated subject
As one can imagine, the law regarding cycling accidents can be a complicated subject. The regulations in this area of law have a language all their own, making it difficult for those not well-versed in it to understand the various statutes and case law. Moreover, the Georgia judicial system has a system of a rules and procedures that need to be followed in a timely and proper manner, or else the victim risks dismissal of their personal injury claim.
For Atlanta residents, it may well be beneficial to meet with an Atlanta Bicycle Accident Lawyer or an Atlanta personal injury lawyer before filing a civil claim for compensation in regards to a cycling accident.
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