It’s estimated that nearly 130,000 people are injured in bicycle accidents each year. Whether they’re used for recreation or transportation, there’s no denying that bicycle usage is increasing on the streets of Georgia.
Unfortunately, when you combine bicycles with cars, there are inevitably going to be problems. If you were involved in this type of accident, you might be considering a bicycle accident lawsuit.
But is this type of lawsuit right for you? And how do you go about filing it? In this guide, we’ll be answering some of these questions so you can get a better idea if this type of personal injury lawsuit is right for you.
Can You Sue Someone After a Bicycle Accident?
Yes, you can sue someone following a bicycle accident. Specifically, you can file a personal injury lawsuit against the negligent party responsible for the accident. However, it’s important to remember that suing someone is never a requirement.
Indeed, it might not be the smartest move for your specific situation. Most of the time you can get compensation simply through the insurance company claims.
As we’ll see, the right call for you will depend on things like who’s at fault with the accident, the evidence you managed to gather, and the disposition of the insurance company.
When Should You File an Insurance Claim?
Most of the time, cyclists don’t carry insurance. However, if you were involved in an accident with a motor vehicle, the other driver is required to carry auto insurance.
And their policy will likely include liability coverage for bodily injuries. As such, many times you can get claims for your damages covered by the other party’s insurance company. However, there are some important caveats.
First, it’s important that you were following Georgia bike laws during the time of the accident. For the most part, cyclists follow the same rules as motorists. However, there are some important differences.
For example, you must bike in the direction of traffic while remaining as close to the right-hand lane as possible. If you weren’t following these laws during the time of your accident, there’s a good chance the insurance companies might try to deny your claim.
Similarly, they might deny your claim if you were partially or at fault for the accident for not adhering to cycling risks. Even if you were perfectly in the right, they still might not give you a fair settlement amount.
If your dealings with an insurance company don’t go the way you want them to, you can always contact a personal injury lawyer. However, generally, you want to exhaust this option before proceeding.
How to File a Bicycle Accident Lawsuit Today
Before you even consider filing a bicycle lawsuit, you should meet with a lawyer. This is important for two reasons. First, these professionals can help you decide whether or not legal action is the best course of action. If you lack evidence or were at fault for the accident, it might be better to avoid filing.
Second, a lawyer can help you decide when to file. Just because you’re eager to file a bicycle lawsuit today doesn’t mean it’s a good idea. Often it’s better to wait a little.
That way, you can learn the full extent of your injuries and medical costs. Just make sure you file it before the two-year statute of limitations is up. Once you and your lawyer decide when the time is right, you’ll file a complaint and serve the defendant.
Once the defendant answers the discovery process will begin. This can be a long phase that involves the uncovering of evidence.
Most cases will be settled before they go to trial. However, in some cases, it might be necessary to make your case in front of a judge and jury.
What Evidence Should You Gather After the Accident?
If you’re able to, immediately following the accident you should begin taking pictures and videos of the accident scene. Often this can paint a clear picture of what caused the accident.
For example, if there’s rough weather on the day of the accident, your lawyers might be able to argue that the person wasn’t driving safely in the rain. Or from the angles of impact, they might be able to prove that the other party was responsible.
The police accident report can be just as important because it provides an objective document of how the accident unfolded.
You should also keep a detailed paper trail of property damage, medical bills, and lost wages that the accident may have caused you. That way, it’s easier to tally up your serious injury damages.
How to Find the Best Bicycle Accident Lawyer
When searching for a personal injury law expert, you want to make sure that they have specific experience in bicycle accidents. As noted, there are a lot of specific laws related to cycling in Georgia. The bicycle accident attorney must have proper knowledge of them.
Most of the time with a personal injury case, the case is settled outside of the courtroom. As such, you want to make sure that your lawyer has exceptional negotiation skills.
However, sometimes a case will need to go before a judge and jury. If it comes to this, you also want to make sure that the individual has experience as a trial lawyer.
We recommend making a list of a few law firms in your area. Then, schedule a consultation with each of them. Make sure you pay close attention to how the lawyer makes you feel. You want to ensure that your case gets personal attention during this process.
Ready for the Help You Deserve? Contact The David Bell Law Firm
We hope this guide helped you learn how to file a bicycle accident lawsuit today. Injury lawsuits can get complicated quickly. However, this is particularly true when it comes to the gray areas of traffic law that bicycle accidents often fall under.
That’s why you need an experienced legal team on your side when pursuing damages from this type of personal injury case. Here at the David Bell Law Firm, we bring over thirty years of litigation experience to the table.
So if you’re ready for the legal help you deserve, contact us today.
