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McDonough Bicycle Accident Lawyer

Bicycle wrecks can cause significant injuries or even death to cyclists. For everyone’s safety, it is vital that both motorists and bicycle riders obey the rules of the road. When a motorist fails to do this, bicyclists who lack the protection of a motor vehicle often face steep medical bills or even lifestyle changes.

A seasoned McDonough bicycle accident lawyer could hold a motorist accountable for their negligence. Contacting an experienced personal injury attorney who understands the basics of these cases may be in your best interests.

The Basics of a Bicycle Accident Case

When a potential plaintiff consults with a McDonough legal counsel, the attorney may first want to determine if the victim’s case has merit. In order to obtain a successful outcome, a civil plaintiff and their legal counsel must prove that:

  • The defendant owed a duty of care to the victim
  • The negligent party breached their duty
  • The victim’s injuries are a direct result of the breach
  • The injuries resulted in compensable damages to the injured person

A jury cannot deliver a verdict in favor of the plaintiff and award damages if all four of these elements of legal negligence are not demonstrated. Speaking with a skilled bicycle accident attorney in McDonough could help a victim determine what the best course of action might be to facilitate this outcome.

Factors that Could Impact Compensation

Individuals who were in a bicycle accident may often wonder what their claim may be worth. Many different factors could impact the value of a case, but one of the most important may be whether the plaintiff bears any liability for their injuries.

Attorneys for the allegedly negligent party in bicycle wreck cases commonly use the defense of comparative fault or plaintiff liability, claiming that the victim is liable for at least some of their own damages. For instance, if the plaintiff was not wearing a helmet, was not riding in the bike lane, or was otherwise not obeying traffic laws, the defense may attempt to slant these actions or inactions as evidence of negligence by the victim.

Even if claimants believe they may have some fault in their accident, they should still contact a bicycle accident lawyer in McDonough. Under the Official Code of Georgia §51-12-33(g), if a plaintiff is less than 50 percent liable for their own damages, they may still be able to recover compensation. However, their recoverable compensation would be reduced in proportion to the percentage of fault they are assigned.

No Damage Caps in McDonough

It is also essential for bike crash victims to understand that there are no damage caps in the state of Georgia. Damage caps are statutory limits placed on the amount a bicycle accident plaintiff could be awarded. In 2010, the Georgia Supreme Court ruled in favor of removing previously held damage caps.

Call a McDonough Bicycle Accident Attorney Today

If a bicycle wreck left you with medical expenses, lost wages, or pain and suffering calling a McDonough bicycle accident lawyer might be your best move. Hiring an attorney to advocate for your rights could be the most efficient and less stressful option for you to receive compensation for your damages. Reach out today to learn more and get your case started.