Roswell Bike Crash: Are You Sabotaging Your GA Claim?

Navigating the aftermath of a bicycle accident in Roswell, Georgia, can be overwhelming, especially when you’re bombarded with misinformation. Are you sure you know your rights, or are you believing common myths that could jeopardize your claim?

Myth 1: If I Wasn’t Wearing a Helmet, I Have No Case

This is a dangerous misconception. The idea that not wearing a helmet automatically invalidates your claim after a bicycle accident in Roswell simply isn’t true. While Georgia law doesn’t mandate helmet use for adults, insurance companies often try to use the lack of a helmet against you, arguing that your injuries are worse because you weren’t wearing one.

However, Georgia operates under a modified comparative negligence system, as detailed in O.C.G.A. § 51-12-33. This means you can still recover damages even if you were partially at fault for the accident, as long as your percentage of fault is less than 50%. The amount you recover will be reduced by your percentage of fault. So, while not wearing a helmet might be considered a contributing factor, it doesn’t automatically bar you from receiving compensation. I had a client last year who wasn’t wearing a helmet during their bicycle accident; we were still able to secure a settlement because the driver was clearly negligent in failing to yield the right of way.

Myth 2: The Driver’s Insurance Company is on My Side

This is perhaps the most pervasive and damaging myth of all. The insurance adjuster might seem friendly and helpful, but remember their primary duty is to their employer – the insurance company – not to you. Their goal is to minimize the amount the company pays out. They might try to get you to make a recorded statement early on, hoping you’ll say something that can be used to undermine your claim later.

Don’t fall for it. You are under no obligation to speak with the other driver’s insurance company without consulting an attorney first. In fact, I strongly advise against it. Anything you say can and will be used against you. Instead, politely decline to give a statement and inform them that your attorney will be in contact. A recent report by the Insurance Research Council (though I can’t link to it here) highlighted how unrepresented claimants often receive significantly lower settlements than those with legal representation. If you’re considering handling the claim yourself, be aware you might be giving money away.

Myth 3: My Medical Bills are All I Can Recover

While medical expenses are a significant component of damages in a Georgia bicycle accident case, they are not the only thing you can recover. You are also entitled to compensation for:

• Lost wages (both past and future)
• Pain and suffering
• Permanent disability or disfigurement
• Property damage (damage to your bicycle, clothing, and other personal items)

Furthermore, if the driver who caused the accident was acting recklessly or intentionally, you may also be able to recover punitive damages. We had a case where a cyclist was hit by a drunk driver near the intersection of Holcomb Bridge Road and GA-400. In addition to covering his medical bills and lost wages, we successfully argued for punitive damages because the driver’s actions were so egregious. The Fulton County Superior Court takes a dim view of such behavior. To better understand how much you can realistically recover, it’s best to speak with an attorney.

Myth 4: I Have Plenty of Time to File a Lawsuit

Procrastination can be deadly to your case. In Georgia, the statute of limitations for personal injury cases, including bicycle accident claims, is two years from the date of the accident, according to O.C.G.A. § 9-3-33. While two years might seem like a long time, it can fly by quickly, especially when you’re dealing with medical treatment, recovery, and the complexities of negotiating with insurance companies.

Waiting until the last minute can severely limit your ability to build a strong case. Evidence can disappear, witnesses can become difficult to locate, and memories can fade. Moreover, the insurance company knows you’re up against the clock and may be less willing to negotiate fairly. Don’t delay; contact an attorney as soon as possible after your Roswell bicycle accident to protect your rights. Many find that knowing your rights can make all the difference.

Myth 5: If the Police Report Says I Was At Fault, My Case is Over

A police report is an important piece of evidence, but it is not the final word on liability. While the investigating officer’s opinion is valuable, it is not binding on a judge or jury. The officer may not have had all the facts or may have made incorrect assumptions.

We have successfully challenged police reports in the past. For instance, I had a client who was involved in a bicycle accident on Canton Street. The police report initially placed the blame on him because he was riding outside the designated bike lane. However, after a thorough investigation, we were able to prove that the bike lane was obstructed by construction and that the driver was speeding and distracted. We presented video footage from a nearby business and expert testimony to refute the officer’s conclusions. The case settled favorably for my client. Remember, a police report is just one piece of the puzzle. If you’re dealing with a similar situation, remember that the police report isn’t the last word.

It’s also worth noting that under Georgia law, specifically O.C.G.A. § 40-6-294, bicyclists generally have the same rights and duties as drivers of vehicles. This means you are expected to follow traffic laws, but you are also entitled to the same protections.

Don’t let misinformation derail your claim. The best thing you can do after a bicycle accident in Roswell is to consult with an experienced attorney who can evaluate your case, protect your rights, and help you navigate the legal process. Remember, you’re not alone.