Legal Question in Personal Injury in Georgia

Is a second event related to an initial accident?

I was in an bicycle v. motorcycle accident. The motorcycle failed to yield while attempting a left turn and I struck him resulting in a broken clavicle, concussion, and totaled bicycle. Liability has not been disputed and the motorcyclist's insurance co. is being cooperative.

8 weeks later while test riding a replacement bike in a bike shop parking lot at very low speed, the rear wheel slipped out from under me (oil or other slick on surface). Resulted in a broken thumb requiring surgery. I have ridden for over 20 years and raced in my youth and have never before crashed alone. Further, I never would have been shopping for a new bike had the initial accident not occurred (evidenced by the fact that the two bikes I owned at the time of the first accident were bought over 18 years ago).

Is it reasonable to say the second event is related to or provoked by the first and the motorcyclist therefore liable?

Thank you.

Asked on 11/25/03, 1:11 pm

4 Answers from Attorneys

Wayne Wisong Wayne Wisong, Attorney at Law
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Re: Is a second event related to an initial accident?

That would be a stretch. The injuries you received in the second crash must have been something reasonably forseeable as a result of the first crash to be considered proximately caused by the first crash. You are more likely to have a case for negligence against the bike shop for allowing an oil slick to be present in a parking lot where bikes are test driven.

If you would like assistance in investigating a possible claim against the bike shop, e-mail me with more details at wwisong@earthlink.net, or call me at (770) 534-1057 any time after today.

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11/25/03, 1:21 pm
W James Moore MOORE & HAWTHORNE, LLC
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Re: Is a second event related to an initial accident?

In every claim or case, you must establish causation. In my opinion, the facts of your second accident are too remote to be deemed caused by the initial accident with the motor cycle. However, you may have a claim against the bike shop, if the oil or other substance was discovered or should have been discovered by the bike shop and whether the shop was responsible for maintaining the parking lot. Did you report the incident to the bike shop? Also, are you currently represented by an attorney in the motorcycle case.

I would be happy to discuss your case further. Please feel free to call me at (404) 877-9181 or email me at wjm@mooreandhawthornelaw.com

Best regards,

W. James Moore

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11/25/03, 2:28 pm
Kenneth L. Shigley Chambers, Aholt & Rickard, LLP
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Re: Is a second event related to an initial accident?

I agree with the other lawyers who responded. The first accident would not be the "proximate cause" of the second accident. I'm very dubious about a claim against the bike shop, and would not be interested in pursuing that in my law practice. You should be aware that the statute of limitation for personal injury in Georgia is two years, so any suit must be filed within two years of the event causing injury.

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11/25/03, 4:58 pm
Benjamin Eichholz The Law Office of Benjamin S. Eichholz, P.C.
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Re: Is a second event related to an initial accident?

It sounds like you have some interesting cases. Please call me if you would like to discuss it further. My number is 912-232-2791.

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11/25/03, 4:58 pm

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