Catoosa County Bicycle Accident Lawyer
Bicyclists and drivers share an important responsibility to keep each other safe on the road. Drivers failing to adhere to our traffic rules and driving recklessly could have drastic, even fatal consequences.
Suffering an injury from a bicycle accident could be a distressing experience. If that is you, you might be thinking of seeking recovery for your injuries, or maybe you already are, but the process is confusing. A knowledgeable personal injury attorney from your local area could help you determine your options for recovery. Consider reaching out to a Catoosa County bicycle accident lawyer for more more information.
Statutes and Regulations for Drivers and Bicyclists
Georgia considers, like many other states, bicycles as legal vehicles. By classifying bicycles as vehicles, both drivers of automobiles and bicycle riders in Catoosa County are subject to the general traffic laws imposed by the state.
Georgia Code §40-1-1(6) defines a bicycle as a device propelled by a human which only has two wheels. A driver is defined as every person who drives or is in actual physical control of a vehicle under §40-1-1(14). The Georgia traffic statutes go on to state under §40-6-55 that car drivers must yield to a bike riders operating in a bicycle lane. §40-6-56 also requires drivers to leave a safe distance between their vehicle and a bicyclist when passing him or her on the roadway.
Negligence and Negligence Per Se
Injured bicyclists in Catoosa County could bring a personal injury case based on ordinary negligence or negligence per se depending on the circumstances. Under ordinary negligence, the plaintiff would have to show that the defendant operated his or her vehicle or otherwise acted unreasonably under the circumstances, breaching his or her duty of care and causing the plaintiff’s injuries as a result.
Whereas under negligence per se, plaintiffs would only have to prove the following:
- The defendant violated a law
- The law intended to prevent the type of injury that resulted
- The plaintiff was part of the class of people that the law was intended to protect
- The plaintiff suffered harm or loss as a result
The main difference between negligence and negligence per se is that the defendant is violating a law, and in the process, causes injury to a person whom the law was intended to protect. Ordinary negligence imposes a general duty of care, which defendants are said to breach when they fail to act with reasonable care to prevent unreasonable risk of harm to the plaintiff. Fortunately, there may be exceptions to how much a victim of these types of accidents could recover regardless of the type of negligence.
Potential Recovery for Bicycle Accidents in Catoosa County
Plaintiffs in personal injury cases in Catoosa County may seek three types of damages: economic, noneconomic, and punitive damages. Economic damages could compensate for a bicyclist accident victim for medical expenses and out-of-pocket expenses. Less quantifiable damages, such as pain and suffering or emotional distress, could be sought as noneconomic damages. Punitive damages are rarely awarded and are only imposed on a defendant by the court when his or her acts rise above ordinary negligence, such as reckless or willful disregard for others.
Consult a Catoosa County Bicycle Accident Attorney Today
Insurance adjusters and defense counsels could pose significant obstacles to your recovery. The strategy and procedures that go into seeking legal relief could be overwhelming for anyone by themselves. An experienced Catoosa County bicycle accident lawyer could help guide you through the process and help inform you of your options on your road to recovery. To learn more about your options, call now for a consultation.
