Weaver Law Injury Attorneys can help you through the claims process if you’re hurt in a bicycle accident in Cumming. While the city and area is great for riding a bike, there’s always risks–none more so than being in an accident. Our team can explain your options and help you through the claims process. Contact us today for a free consultation to learn more.
Do You Need a Lawyer For a Bicycle Accident?
Not every bike accident needs a lawyer. If your injuries are minor, you may be fine handling things on your own. But if the accident was more serious, legal help can make a big difference.
The most important thing is being ready and knowing what to do. A lawyer isn’t required, but having one can make the process smoother. Here’s what we do to help after a bicycle accident:
- Figure out who was at fault
- Collect and review the evidence
- Talk to witnesses and experts to strengthen your claim
- Handle talks with insurance companies and paperwork
- Work to get you a fair settlement
Even small accidents can lead to doctor visits, physical therapy, or time off work. Dealing with recovery and insurance at the same time is very challenging. We take care of the legal side so you can focus on getting better.
Who’s Responsible For a Bicycle Accident?
The starting point of any bicycle accident claim is figuring out who’s responsible. While you might think this is easy, it’s not always straightforward. To hold someone legally responsible, we need to show they were careless—this is called “negligence.” That usually means they broke a safety rule or acted in a way that led to your injuries.
Again, in some accidents, it’s clear who’s to blame, like when a distracted driver sideswipes you while you’re riding. Other times, it’s not so simple. Basically, it all depends on what happened. Still, there’s generally a group of people that’s going to usually be responsible:
- Drivers – If a driver was speeding, distracted, or broke traffic laws, they may be at fault.
- Local government – Poor road conditions, unsafe bike lanes, or missing signs might make the city or county responsible.
- Other riders or pedestrians – If someone else on the road acted recklessly, they could be to blame.
- Bike makers – If a faulty part caused your crash, the bike company might be liable. The same goes for car or parts makers if the driver’s brakes were faulty, or something similar.
Every accident is different. That’s why finding out who’s responsible is so important–it’s the first step toward getting financial support for your injuries and losses.
What Can You Recover After a Bicycle Accident?
Unfortunately, even a seemingly minor bicycle accident can leave you with a lot to deal with–medical bills, missed work, or ongoing pain. That’s why Georgia law allows you to file a claim for damages. You can either:
- File an insurance claim – This is usually faster, but insurance companies often try to settle for less. This means they’ll try to lowball you on an offer in the hopes you’ll take it.
- File a lawsuit – This takes longer, but it may lead to better results if your case is strong. It requires you to file a lawsuit in civil court, which our team will help you with.
Again, the main point of the claims process is recovering financial support, which in legal terms is known as “damages.” Your damages are going to be specific to you, but generally includes things like:
- Medical expenses and ongoing care needs.
- Lost income from missed work or a loss of earning potential if you can’t work anymore.
- Repair/replacement costs for your bike or any other damaged property.
- Costs relating to your physical pain, mental suffering, and emotional distress.
- Costs related to any reduction in your quality of life.
- If your accident is fatal, your surviving family members can file a “wrongful death” claim that recovers things like funeral and burial expenses.
In Georgia, you only have two years from the date of the accident to file your claim. But don’t wait too long–strong evidence and the right information can make a big difference. That’s why taking the right steps after your accident is so important.
What Should You Do Right After Your Bicycle Accident?
Obviously, the moments after your bicycle accident are going to be painful and scary, and this only increases the worse your injuries are. At the same time, taking the following steps will give your potential claim a solid foundation:
- Get to safety and call 911 – If you can, move out of traffic. Once you’re safe, call 911 for an ambulance. First responders can treat injuries and make sure everyone is safe.
- Call the police – Have the 911 dispatcher alert the local police to come to the scene. They’ll clear the scene and can help you get important information for a claim.
- Exchange information – Get contact and insurance details from anyone else involved in the accident.
- Be careful with statements – Don’t admit fault or guess what happened. Just stick to the facts when speaking with police or insurance companies.
- Take pictures and videos – Take pictures and videos of your injuries, your bike, any vehicles, and the scene. This helps document what really happened.
- Hold onto evidence – Don’t throw away damaged gear or clothing. These can help show how serious the accident was.
- Wait to repair your bike – Don’t fix or replace anything right away. Keep your bike and gear as they were after the crash.
These steps protect both your health and your legal rights. Even if your accident seems minor, it’s always best to document everything just in case issues come up later.
What Causes Bicycle Accidents in Cumming?
Cumming has some great roads and trails for cycling—but accidents can still happen, especially with more people out on bikes and behind the wheel. Here are some common causes of bicycle crashes in the area:
- Distracted driving – Using a phone, GPS, or just not paying attention can lead to accidents because they won’t see you in time to stop or get around you.
- Reckless driving – Speeding or aggressive driving makes it harder to avoid a collision with you on your bike.
- Sudden lane changes – Drivers who don’t check blind spots or signals can collide with you if you’re riding beside them.
- Failure to yield – Some drivers don’t give riders the right of way at intersections, this causes serious accidents most of the time.
- “Dooring” – This happens when a driver or passenger opens a car door without checking for cyclists riding by, thus causing you or some other rider to collide with it or swerve.
- Poor road conditions – Potholes, debris, or no bike lane can all create hazards for you while you’re riding.
- Driving under the influence – Alcohol and drugs slow a driver’s reaction time and impair their judgment, which makes interacting with a bike rider much more difficult.
Knowing what caused the crash is an important part of building your case. We can help investigate and hold the right people accountable.
Frequently Asked Questions
Do I need to call the police after a bike accident?
Yes–especially if you or anyone else is hurt or there’s property damage. A police report can help later if you file a claim.
How long will my bicycle accident claim take?
This depends on the circumstances. If your accident and injuries are relatively minor, your claim probably won’t take as long. The more serious your injuries or the more complicated the circumstances, the longer it might take.
Can I still file a claim if my accident happened a while ago?
In Georgia, you have two years from the date of your bicycle accident to file a claim. If it’s been less than that, you can still take legal action. However, if you miss this deadline, you probably won’t be able to file a claim.
Contact Weaver Law Injury Attorneys After a Bicycle Accident in Cumming
Bike accidents are incredibly difficult. Medical bills, time off work, and recovery can all add stress when you should be healing. At Weaver Law Injury Attorneys, we understand what you’re going through and want to make things easier for you as you try to work your way back to normal. Contact us today for a free consultation and find out how we can support your recovery.
