A bicycle accident attorney seeks compensation for those injured due to the negligence of another party. Under O.C.G.A. § 51-1-2, negligence refers to actions or inactions that result in a lack of care that a reasonable person would exercise in a similar situation.
When someone’s negligence causes a bike rider’s injury, that person is usually liable for the damages. An Atlanta Bicycle accident lawyer can file an insurance claim or a personal injury lawsuit to seek compensation for injury victims.
Understanding what a bicycle accident lawyer does can help you through the legal process.
A Bicycle Collision Attorney Can Explore Your Options for Seeking Compensation
Georgia operates as an at-fault state when it comes to accidents, including bicycle collisions. This means that the person or party responsible for causing the accident is also financially responsible for covering the resulting damages.
In the context of a bicycle collision, if a driver’s negligence caused your injuries, their auto insurance policy would typically be the first source of compensation.
As an injured bicyclist, you have several options for pursuing compensation from an at-fault party in Georgia:
- File a Claim with the At-Fault Driver’s Auto Insurance: You can seek compensation directly from the liable driver’s insurance company. This may cover your medical expenses, property damage, lost wages, and pain and suffering.
- File a Claim with Your Own Insurance Policy: If you have additional coverage, such as uninsured/underinsured motorist (UM/UIM) protection or personal injury protection (PIP) through your own auto insurance, you may also file a claim under your policy.
- File a Lawsuit Against the At-Fault Party: If a fair settlement cannot be reached through insurance negotiations, you can file a personal injury lawsuit against the at-fault driver to recover damages.
An Atlanta personal injury lawyer can explore your legal options.
Modified Comparative Negligence Laws
Georgia’s at-fault system also incorporates modified comparative negligence laws, which can affect the outcome of a cyclist’s claim.
Under O.C.G.A. § 51-12-33, if you are found partially at fault for the bicycle collision, your compensation may be reduced by your percentage of fault. However, if you are 50% or more at fault, you cannot recover damages.
An experienced bicycle accident lawyer in Georgia can identify the liable parties, negotiate with auto insurance companies on your behalf, and ensure you pursue maximum compensation for your physical injuries and losses.
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How Does a Bicycle Accident Lawyer Help Clients?
A bicycle accident lawyer protects your legal rights in many ways. They work to get you compensation for your damages. Here is how a bicycle accident lawyer usually approaches the legal process.
Discussing Your Case in a Free Consultation
A bicycle accident attorney will start by evaluating your case. They’ll ask questions about your cycling accident and how it has affected your life. They will listen for specific information they can use to build your case. If they need more facts, they ask some follow-up questions.
A bicycle accident lawyer will gather details about:
- Who was involved in the crash
- Your injuries and other damages
- The effect your injuries have on your everyday life
- What insurance policies apply to the crash
If you have pictures or other information from the accident scene, your lawyer will examine them. They’ll use what you already have to start building a case.
Investigating Your Case
A bike accident lawyer will start investigating immediately. They’ll do some of the investigation themselves or consult experts if they need additional information.
The investigation can include:
- Returning to the accident scene to gather information
- Interviewing any witnesses
- Getting copies of medical records and the crash report
- Assessing your accident damages
Your lawyer will use this evidence to determine who was at fault. In most cases, a negligent driver is at fault for a bike accident.
Gathering Evidence
A lawyer will use many steps from above to gather various types of evidence to prove another party’s negligence and liability. Common types of evidence include:
- Police reports
- Pictures of the crash scene, your injuries, and any property damage
- Witness statements
- Applicable insurance policies
- Medical bills to prove the extent of your injuries
- Wage statements, if you had to take time off work to heal from your injuries
Many injury victims underestimate their total accident costs. A lawyer will consider future medical expenses and other damages that are not immediately obvious.
Notifying All Involved Parties
When you hire a bicycle accident lawyer, they will let the other side know that they’re representing you.
Suppose a motor vehicle driver was at fault for your accident. Your lawyer would contact the driver’s insurance company so that the insurer knows who’s representing you.
The insurer would have to communicate with your lawyer instead of you. This helps prevent the insurer and the responsible party from taking advantage of you.
Sending the Demand Letter
After the investigation, your lawyer will send a demand letter to the insurer. The demand letter begins your injury claim for financial compensation. It will contain details about the incident and the damages you’re seeking.
Negotiating With Insurance Companies
After a bicycle collision, your bicycle accident lawyer can file an insurance claim and handle all communications with the insurance companies.
After you file your insurance claim, the insurer will respond. Most of the time, you’ll get a lowball settlement offer. Your lawyer will respond by negotiating for a fair settlement. If an insurance adjuster tries to shift blame onto you or dispute liability, a lawyer can counter their arguments by presenting evidence.
Most bicycle accident claims resolve through settlements, but a personal injury attorney may have to take legal action to seek the compensation you deserve.
Representing You in a Trial
Sometimes, the insurance company refuses to negotiate a fair settlement. Your lawyer might then advise filing a lawsuit. Your lawyer will prepare the complaint letter and start the discovery process.
Before the trial, your attorney will try to negotiate. If negotiation is unsuccessful, then your lawyer should represent you in the litigation.
A Bicycle Collision Attorney Can Seek Fair Compensation for Your Injuries
A bicycle collision attorney can help you pursue fair compensation for the damages you’ve suffered. Bicycle accidents often result in severe injuries due to the lack of protection cyclists have compared to motor vehicle occupants, even when bicyclists wear helmets.
Common injuries, such as traumatic brain injuries (TBIs), spinal cord injuries, broken bones, internal injuries, and friction burns, known as road rash, can have long-lasting physical, emotional, and financial impacts. For example, cyclists can suffer from chronic pain, even after medical treatments.
A skilled attorney will evaluate the full extent of your bicycle accident injuries and work to secure compensation for the following damages:
- Medical expenses: Covering current and future costs for hospital stays, surgeries, rehabilitation, medications, and assistive devices.
- Lost wages: Reimbursement for income lost during recovery and compensation for reduced earning capacity if you are unable to return to work.
- Pain and suffering: Compensation for the physical pain, emotional distress, and mental anguish caused by the accident. Other non-economic damages, such as loss of enjoyment of life, may also warrant compensation.
- Property damage: Reimbursement for the repair or replacement of your bicycle and other personal property damaged in the collision.
- Long-term care costs: Coverage for ongoing care needs, such as home modifications or in-home assistance, if your injuries result in permanent disability.
By negotiating with insurance companies or pursuing legal action in court, a bike accident attorney can fight for fair compensation for your losses. Their goal is to hold the at-fault party accountable and provide you with the financial support necessary to recover and move forward with your life after a biking accident.
A Lawyer Can File Your Bicycle Accident Lawsuit Within the Statute of Limitations
If you’ve been injured in a bicycle collision in Georgia due to someone else’s negligence, act quickly to protect your legal rights and file your personal injury lawsuit within the statute of limitations.
In Georgia, the statute of limitations for personal injury claims, including bicycle accidents, is generally two years from the date of the incident, as outlined in O.C.G.A. § 9-3-33.
Filing within this time frame is essential because missing the deadline typically means you lose the right to pursue compensation in court. However, there are some exceptions to this rule that could shorten or extend the filing deadline. For example:
- Claims involving government entities: If your bicycle crash involved a government vehicle or involved poor road conditions, you may need to follow special notice requirements and shorter deadlines.
- Delayed discovery of injuries: In some cases, injuries or damages related to the collision may not be immediately apparent. A lawyer can determine whether the discovery rule applies to your case.
Missing these deadlines can cause you to lose the right to seek recovery for your bike accident injuries and financial losses.
How a Lawyer Can Help You Meet Your Legal Deadline
An experienced bicycle accident lawyer in Georgia can help ensure that your lawsuit is filed on time, regardless of the complexities of your case.
They will also handle all the legal paperwork and ensure compliance with Georgia’s procedural requirements.
While building your case and negotiating with insurance companies, a skilled bicycle accident lawyer can keep their eye on the statutory clock to protect your right to bring a legal action against a liable party.
We Can Explain More About What a Bicycle Collision Lawyer Does and Fight for Fair Compensation
If someone else caused your bicycle crash, you have legal rights. You might be entitled to compensation for your damages. An experienced bicycle accident attorney can help you fight for financial recovery.
At John Foy & Associates, we have over 20 years of experience helping injured cyclists, and we have recovered over $1 billion for our clients. Our bicycle crash lawyers know what it takes to fight for the recovery you deserve.
Contact us today for a FREE consultation. Our legal team does not charge a fee unless we win you compensation.
(404) 400-4000 or complete a Free Case Evaluation form
