Brunswick Bicycle Accident Attorney
Four-wheel vehicle occupants have steel girders, thick plastic shields, and multiple restraint layers to protect them during car crashes. Bicyclists have no such protections. At best, they only have the clothes on their bikes and thin bicycle helmets. As a result, they often sustain extremely serious injuries in these wrecks. At least to an extent, these physical and emotional injuries are normally permanent.
The dedicated Brunswick bicycle accident attorneys at Gillette Law are committed to one goal, which is maximum compensation for your serious injuries. Therefore, once we embark on a course of action, we build solid, evidence-based claims from the ground up. As a result, we are usually able to negotiate favorable out-of-court settlements in these situations. These outcomes end the case earlier and give victims more control over the outcome.
Evidence in Bicycle Crash Claims
A combination of medical bills, witness statements, and the police accident report is often sufficient to obtain maximum compensation in a bicycle wreck claim. However, these fragments of evidence are like the colors on a painter’s palette. They don’t mean much unless a skilled artist, like a skilled attorney, puts the colors together in the right way and at the right time.
However, this three-headed monster of proof is not always sufficient. There are frequently holes, especially in bicycle accident claims. Witness statements are a good example. Lack of visibility is the root cause of many bicycle wrecks. Tortfeasors (negligent drivers) aren’t the only people who have a hard time seeing bicycle riders. Witnesses can’t see them very well either.
The big difference is that drivers have a duty of care to watch out for bicycle riders, and witnesses have no such responsibility.
Our Brunswick bicycle accident lawyers often use electronic evidence, such as a vehicle’s Event Data Recorder, to fill in the gaps. Much like the black box flight data recorders in commercial airliners, most EDRs measure and record operational information, such as:
- Steering angle,
- Vehicle speed,
- Brake application, and
- Engine RPM.
The bits of proof inside an EDR add more colors to an attorney’s palette. So, the final picture for the jury is even more compelling. Going the extra mile in this way is frequently the difference between maximum compensation and settling for less.
If the evidence indicates a lack of ordinary or statutory care, compensation is usually available. The burden of proof in these claims is only a preponderance of the evidence (more likely than not).
However, building a solid claim is only one part of a successful injury case. The evidence must also be strong enough to refute comparative fault and some other common insurance company defenses in bicycle wreck claims.
Basically, contributory negligence shifts blame for the accident from the tortfeasor to the victim. For example, the insurance company might admit that its driver failed to yield the right=-of-way and blame the wreck on the victim’s failure to remain entirely in the bicycle lane.
In these cases, jurors must consider the evidence and divide fault on a percentage basis, such as 80-20. Georgia is a modified comparative fault state with a 50 percent threshold. So, if the tortfeasor was at least 50 percent responsible for the bicycle wreck, the victim is entitled to a proportionate share of damages.
Connect with a Dedicated Glynn County Bicycle Accident Lawyer
All serious injury victims are entitled to fair compensation. For a free consultation with an experienced Brunswick bicycle accident attorney, contact Gillette Law, P.A. We do not charge upfront legal fees in these matters.