Bike Accident Injury Lawyer Marietta
In Georgia, the law is really pretty simple: we must “share the road.” Unfortunately, bicyclists know that this rule is not followed “all too often.” As a bicyclist, you have the same right to use the road as a motorist, but we all know that won’t protect you from the recklessness or carelessness of other drivers. The list of dangerous and harmful driver actions or omissions can take many forms, such as:
· Road Rage from having to “Share the Road;”
· Refusing to Yield the Right of Way;
· Driving Under the Influence of Alcohol or Illicit/Prescription Drugs;
· Running a Stop Sign or Traffic Signal;
· Reckless Driving; and,
· Speeding or Excessive Speed for Weather Conditions.
So, it is an unfortunate fact that each year there are thousands of bicycle accidents/collisions which are caused when motorists fail to follow the rules, pay attention to their surroundings or, worst of all, act intentionally against the cyclist.
At Jackel & Phillips, we work our bicyclist cases with forensic precision to obtain the best results as discussed in detail below. Sadly, the insurance companies often will play the “blame game” to point the finger of blame towards you to avoid paying claims for your injuries. We want to fight for you to make sure this does not happen.
If a motorist’s reckless or careless driving caused you or a family member to be hurt, you may be entitled to compensation and we can certainly help! To discuss your claim with an experienced Marietta, Georgia bicycle accident lawyer, please contact the personal injury attorneys at Jackel & Phillips today.
NON-MOTORIST BICYCLE ACCIDENTS
While bike accidents involving automobiles are certainly frequent, it must be stressed that not all bicycle accidents occur within a road or with a motorist on the other end. In fact, bicycles are ridden by all types of persons, for all types of reasons, in all sorts of different settings. From competitive racers to urban commuters to kids in the neighborhood, bicycle injury investigations can be in the city, mountains or suburbs and it takes real experts to understand how a particular incident occurred and the contributing factors to that incident.
IT OFTEN TAKES FORENSIC BICYCLE INVESTIGATION
No matter if the bike injury occurred on the road or within any number of other settings, it takes a thorough investigation to really make sure your claim is fully understood and perfected. So, serious bike accidents may often require looking beyond a simplistic law enforcement report. It may very well require investigation into bicycle design, assembly, trail evaluation, oversight/development of cycling events, roadway evaluation, maintenance/repairs by bike shops, etc.
Too often attorneys fail to ask their clients: “Were you using Strava (a mobile/social media application) or recording your ride with a GPS-enabled bicycle computer at the time of the incident?” It is amazing what modern bicycle technology allows a cyclist to record including such data as the following:
· Average Speed;
· Maximum Speed;
· Location in Latitude and Longitude;
· Total Ride Time:
· Heart Rate; and,
· Individual Power Output.
As attorneys practicing in bicyclist accident cases, we know that in the course of an incident investigation, experts should download and analyze this data. Just as importantly, experts should not neglect to extract and analyze data from damaged devices (depending on the level of damage). In the end, all of this data can provide a real understanding as to what happened in the form of speed, performance, route, and bike dynamics leading up to an incident.
Let’s also not forget that component failure may also play a role in the incident. Bike components such as bicycle forks, wheels, frames, brakes and other parts may fail due to a repair, manufacturing or design defect. The fork and frame are the largest and most visible parts of the bike, but it is the point where the rider interacts with the bike components which really impacts safety (such as handlebars, seat, pedals, or brake devices). These are the critical areas where the cyclist’s body interacts and controls the bicycle, so naturally in the event of a failure these are the areas which must be critically evaluated.
Finally, an overwhelming percentage of all bikes bought in the US are sold through big box retailers rather than specialized bike shops. So, the issue which is commonly faced is whether a catastrophic failure leading to injury was due to improper or haphazard assembly. This type of case can take all sorts of different forms such as improperly adjusted brakes, improperly adjusted saddle/seat, improperly tightened handlebars/stem, improperly installed front wheel, and improperly installed pedals.
USING THE RIGHT EXPERT FOR YOUR CASE
At Jackel & Phillips we pride ourselves in making sure that we have the right experts for your case, both industry leading experts and medical experts! Education, Training, and Experience are the hallmarks to any truly valuable expert and the same certainly applies to bicycle accident cases. It is critical that your case have an expert who knows how to design, manufacture and assemble bicycle components and that fact has been repeatedly reinforced time and time again through our case experience. So, at Jackel & Phillips, we only use experts who worked for the most respected bicycle brands and/or who have designed and constructed bike trails (and experts who are passionate cyclist themselves).
Through our experts, we will reconstruct how an incident occurred and how the rider was injured. We will pinpoint driver negligence, or evaluate if there was a defect in the bicycle. We will scrub the facts to see if there is a repair or assembly cause of failure and/or whether or not the environment (road, street, path) or something in the environment (traffic signal, pothole, gate, grate, obstruction, bridge joint) was part of the accident cause. Most importantly, we will do this no matter what type of bike is involved, be it mountain, downhill, road, or BMX!
WE CAN HELP
Whether it is one-sided collisions with cars or a component failure, bicycle accidents can wreak havoc in your life and often cause significant injuries such as spinal cord factures, broken bones, traumatic brain impacts and/or wrongful death. We are here to help!
At Jackel & Phillips, we have an impressive track record of recovery, be it from verdicts or settlements, and we would encourage you to see our results page. Naturally, we are ready to put our skill, passion for the law and our experience to work for you. Please contact the firm of Jackel & Phillips today. Our Marietta, Georgia bicycle accident lawyers can review your case and explain your legal options. Consultations are free so please do not hesitate to call to tell us about your case.