MARIETTA BICYCLE ACCIDENT LAWYER

FIGHTING FOR INJURED CYCLISTS ACROSS COBB COUNTY

If you or someone you love were injured in a bicycle accident, you may be entitled to compensation.

Georgia law protects victims of negligence by allowing them to bring civil lawsuits against parties they claim are responsible. When successful, these lawsuits can hold at-fault parties liable for your losses and help you secure the financial recovery you deserve.

The Kalka Law Group is an award-winning trial practice dedicated solely to helping victims seek justice in personal injury and wrongful death cases. Our Marietta bicycle accident attorneys are available to review your case and discuss how we can help.

WHY CHOOSE OUR TEAM?

The Kalka Law Group is led by Tony Kalka, an award-winning trial lawyer and former insurance defense attorney who leverages his insight to help plaintiffs who’ve suffered all types of preventable injuries. Thanks to Mr. Kalka’s unique background, we know the strategies insurance companies use in their attempts to pay victims as little as possible, and how to produce winning results.

Since our founding, we’ve been trusted by clients and colleagues across Cobb County because we know how to win when it matters most.

  • We’ve recovered millions of dollars in compensation for our clients.
  • Our lawyers have more than 30 years of collective experience.
  • We’re led by a former insurance defense attorney who knows the “other side.”
  • We handle cases on contingency – if we don’t win, you don’t pay.

If you or your loved one were hurt in a bicycle accident in Marietta or a surrounding community in Cobb County, we want to help. Call (404) 529-9371 or contact us online for a FREE consultation.

MARIETTA BICYCLE ACCIDENT STATISTICS

According to the Georgia Governor’s Office of Highway Safety, bicyclists and pedestrians comprise less than 1% of all individuals involved in motor vehicle crashes, but account for 19% of all traffic fatalities. Here is some additional data from the 2020 Georgia Traffic Safety Facts report:

  • Statewide, there were 32 bicyclist fatalities in 2020, an increase from 21 fatalities in 2019.
  • Of all bicycle crashes, 15% resulted in at least one bicyclist that was seriously or fatally injured.
  • 716 bicyclists required emergency medical services following reported crashes.
  • Riders between the ages of 55-64 had the highest rate of serious injuries and fatalities, while riders ages 10 to 14 had the highest rate of trauma care.

The GTSF report also shows where bicycle accidents are most common. According to the data:

  • The bicyclist crash rate is highest in urban counties like Cobb County, which tied for the county with the most bicycle crashes resulting in serious injuries or fatalities in 2020.
  • 62% of bicycle crashes occurred at intersections.
  • 17% of all bicyclist crashes were hit-and-runs.
  • 72% of bicyclist crashes occurred during daylight conditions.
  • 31% of bicyclist crashes occurred in the fall months.

DETERMINING FAULT: NEGLIGENCE IN BICYCLE ACCIDENT CLAIMS

In Georgia, victims injured by negligence are entitled to a financial recovery of their damages. To prevail in a personal injury or wrongful death claim filed over a bicycle accident, you must be able to prove that another party (or parties) was negligent in causing your injuries. In other words, you need to show that a defendant failed to uphold their duty of care.

At The Kalka Law Group, we dedicate extensive resources to investigating clients’ accidents and gathering the evidence to prove fault. Depending on the circumstances, this may involve:

  • Reviewing police reports
  • Accident reconstruction
  • Interviewing witnesses
  • Consulting with relevant experts
  • Discovery and depositions

Given that many bicycle accidents are caused by a negligent motorist, we also closely evaluate whether drivers violated traffic laws or otherwise failed to uphold their obligation to safely operate a vehicle. Some examples of the things we look for:

  • Failure to yield the right-of-way to cyclists
  • Distracted driving, including texting while driving
  • Improper turning, backing, signaling, or misjudged clearance
  • Speeding and unsafe lane changes
  • Drugged or drunk driving
  • Roadway defects, including improper signage, overgrown vegetation, etc.

LIABILITY: WHO CAN I HOLD RESPONSIBLE FOR MY BICYCLE ACCIDENT?

In addition to identifying the underlying cause of a crash, plaintiffs in personal injury cases must also determine who can be held financially responsible. Often, this is an at-fault motorist who carries sufficient liability coverage to cover your losses. In some cases, however, there can be different or additional liable parties. Examples include:

  • Negligent motorist(s) who caused or contributed to your accident.
  • Negligent cyclists or cycling event / race organizers.
  • A company that employed an at-fault driver, which may be the case for accidents involving trucks, delivery vans, and other commercial vehicles.
  • A municipality or government agency, if your bicycle accident was caused by a bus or other publicly operated vehicle.
  • A manufacturer, distributor, or retailer responsible for defective products.
  • A property owner responsible for unsafe property conditions that caused your crash.
  • A social host, bar, restaurant, or other establishment that knowingly served a visibly intoxicated patron / guest who later caused a drunk driving accident.

WHAT HAPPENS IF I WAS INJURED BY A HIT-AND-RUN DRIVER?

You may still have options for recovering compensation.

It’s against the law to leave the scene of an accident, but The Kalka Law Group has represented many bicyclists who were injured in collisions with hit-and-run drivers. In some cases, it may be possible to locate the driver and hold them accountable. But even if a hit-and-run driver can’t be found, you may still be able to recover compensation by filing a claim with your own insurance company.

To file a claim with your own insurance after a hit-and-run, you must have uninsured / underinsured (UM/UIM) motorist coverage as part of your auto insurance policy. Our attorneys can help you evaluate your coverage to determine if this applies.

CAN VICTIMS STILL FILE A CLAIM IF THEY WERE PARTIALLY AT FAULT?

In Georgia, a victim who bears some responsibility for causing their crash may still be entitled to a financial recovery. Under the state’s modified comparative negligence doctrine, you may recover compensation if:

  • Another party negligently caused your accident; and
  • You are found to be no more than 49% at fault.

Personal injury plaintiffs generally want to hold at-fault parties liable for the entirety of their damages, but there are situations where fault or responsibility for a crash may be split between defendants and victims. When it is, damages awarded to victims are reduced by their percentage of fault. A victim found to be 20% at fault, for example, would still be entitled to recover 80% of their damages.

Arguing comparative negligence is a common defense tactic used by insurance companies, but it isn’t always successful. The best way to evaluate whether you have a viable claim and how to best challenge this defense is to work with experienced counsel. Our team at The Kalka Law Group can help.

WHAT COMPENSATION CAN BICYCLE ACCIDENT VICTIMS RECOVER?

Victims injured in preventable accidents are entitled to a financial recovery of their damages. This may include compensation for:

  • Past and future medical bills
  • Lost income and future wages
  • Pain and suffering
  • Emotional anguish
  • Other economic and non-economic losses

While victims have a right to compensation, insurance carriers that defend policyholders against personal injury claims view bicycle accidents as big threats to their bottom line. As such, they’ll work aggressively to dispute and deny liability and utilize many tactics to pay victims at little as possible.

Fortunately, The Kalka Law Group knows these tactics and how to help victims fight back. We’ve dedicated years to helping clients level the playing field with insurance companies and corporations, and we can help you fight for the maximum compensation possible.

EXAMPLES OF OUR RESULTS

The Kalka Law Group has recovered millions in verdicts and settlements for clients across Cobb County and the state of Georgia. Some examples of our results:

  • $11 million for a client who was paralyzed after being rear-ended by a cement truck.
  • $3.6 million for a client who suffered a brain injury after being struck by a drunk driver. The settlement was secured against both the driver and the restaurant that served him.
  • $2.25 million for a client and his wife after he suffered multiple injuries in a crash involving a charter bus on the I-75 in Cobb County.
  • $1.75 million recovery against the employer of a drunk driver who injured our client while driving a company vehicle.
  • $301,000 policy limits settlement for a cyclist who suffered a neck injury when he was struck head on by another cyclist travelling on the wrong side of the road.
  • Policy limits settlement for the family of a young boy who was tragically killed when he was struck by a motorist on his bicycle.
  • Confidential settlement for a cyclist struck by a car on Ponce De Leon Avenue in Fulton County.
  • Confidential settlement for a bicyclist struck by a hit-and-run driver on Alcovy St. in Walton County. Our client suffered road rash, a broken ankle, and a fractured wrist.
  • Confidential settlement for a bicyclist struck by a hit-and-run driver on Peachtree Road in Fulton County. The Kalka Law Group used CCTV footage to prove client was struck by a drive who fled the scene and secure a recovery from the client’s own insurance policy.

CALL FOR A FREE CONSULTATION: (404) 529-9371

The Kalka Law Group is comprised of proven personal injury lawyers who have years of experience helping bicycle accident victims and families fight for justice. If you have questions about a case and how we can help, contact us to request a FREE consultation with a Marietta bicycle accident lawyer. For assistance in obtaining your Cobb County police accident report reach out today.