Wrongful Death: Car Accidents With Bicycles Often Fatal

BusinessLegal

  • Author Tara Drake
  • Published February 24, 2012
  • Word count 537

When a car or other motor vehicle collides with a bicycle, the result is rarely good. Even with a helmet, the rider is essentially defenseless against the force and weight of a substantially larger vehicle. Each time an individual gets behind the wheel of a motor vehicle in the state of Georgia, he or she owes a duty of reasonable care to others in or near the roadway. When an accident occurs with a cyclist, the services of an Atlanta Bicycle Accident Lawyer may be required.

Regrettably, these types of collisions are often fatal to the rider. When a bicyclist is killed at the hands of a negligent operator of a motor vehicle, an Atlanta wrongful death lawyer may be helpful in pursuing a legal claim to recover monetary damages as a result of the fateful accident. The surviving family members typically bring the action, and the principles of tort law as applied in Georgia are used to determine liability and damages.

When a bicyclist is killed in an accident, the family is understandably consumed with grief and the responsibility of burying their loved one. At the same time, however, they will want to know exactly what occurred and seek to hold negligent parties fully responsible under the law. Sometimes, a negligent driver is arrested and charged with vehicular manslaughter, particularly when drugs or alcohol are involved. But the family will also want to hold the individual civilly accountable, and for that they will need to consult an Atlanta wrongful death attorney.

The lawyer will normally follow up on the accident scene investigation and determine whether or not additional investigation may be helpful. He or she will also work to ensure that all crucial evidence is preserved for any subsequent litigation that may follow on behalf of the victim's estate and family. It should be noted that the police investigation following a fatal accident is just that, an investigation. While the results are important and often provide the factual basis for subsequent legal action, they are not foolproof and must withstand the weight of judicial review and determination. Many a wrongful death lawsuit has been won in the face of an equivocal police accident report, which underscores the importance of consulting an Atlanta bicycle accident lawyer following such a fatality, no matter what the police investigation purports to demonstrate.

An Atlanta wrongful death lawyer will help review the documentation, gather independent witness statements and examine all physical evidence to help determine the basis for liability. Once a conclusion has been reached that the fatal accident happened as the result of the negligence of another party, the attorney will help provide guidance in prosecuting the civil lawsuit and navigating the often complex legal system as the family fights for some sense of justice from a truly senseless tragedy.

An Atlanta personal injury lawyer will pursue claims for compensation against all responsible parties to recover the damages that are both necessary and deserved. While nothing can bring back the life that was lost, a monetary award can help the family recover some of the damages caused as well as send a message to the perpetrator and others that negligent or reckless conduct on our roadways will not be countenanced.

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