Georgia has specific laws in place to protect cyclists, but to successfully file a claim, you must prove that the driver was at fault. The legal process involves showing that:
- The driver had a duty to drive safely and follow the rules of the road.
- They failed to do so, whether by running a red light, not yielding, texting while driving, or any other form of negligence.
- Their negligence directly caused the accident.
- You suffered real damages, such as medical expenses, lost income, or pain and suffering.
If all these factors line up, you have a strong case. A skilled bicycle accident attorney in Savannah can help you gather the necessary evidence and build a solid claim.
Georgia Bicycle Laws You Need to Know
Here are some key regulations about bicycle laws in Georgia that can either make or break your case:
- Statute of Limitations: You have two years from the date of the accident to file a lawsuit. If you wait too long, you lose your right to seek compensation.
- Comparative Negligence: Even if you were partially at fault, you can still receive compensation. However, your settlement will be reduced by the percentage of fault assigned to you.
- Helmet Laws: If you’re under 16, Georgia law requires you to wear a helmet. While adults aren’t legally required to wear one, insurance companies might argue that not wearing a helmet contributed to your injuries.
The Legal Process for a Bicycle Claim in Georgia
Here’s what the process would look like if you were to file a bicycle claim after having met all the criteria:
Step 1: Determining fault and establishing negligence
The first and most crucial step in a bicycle accident claim is proving who was at fault. Georgia follows a fault-based system, meaning the person responsible for the accident is liable for damages.
A skilled attorney can help gather the necessary evidence to prove negligence, including accident reports, witness statements, and expert testimony.
Step 2: Seeking medical treatment and documenting injuries
After an accident, seeking medical attention should be a priority. Even if your injuries seem minor, some issues, like concussions or internal injuries, might not be immediately obvious.
Medical records serve as crucial evidence in your claim, proving the extent of your injuries and their impact on your life.
Step 3: Reporting the accident and gathering evidence
If you’re involved in a bicycle accident, it’s important to report it to law enforcement. A police report provides an official record of what happened, often including details about the at-fault party, witness statements, and officer observations.
Step 4: Filing an insurance claim
Once fault is established and you have sufficient evidence, the next step is to file an insurance claim. In Georgia, the at-fault driver’s insurance is responsible for covering your damages. However, dealing with insurance companies can be challenging, as they often try to minimize payouts.
Insurance adjusters may try to offer a quick, low settlement. It’s advisable not to accept any initial offers without consulting an attorney. A legal expert will negotiate on your behalf to ensure you receive fair compensation.
Step 5: Negotiation and settlement
After filing your claim, the insurance company will review the evidence and determine how much they are willing to pay. This is where negotiations begin. Your lawyer will present strong evidence to justify the amount you’re requesting.
If a fair settlement is reached, you’ll receive compensation without going to court. However, if negotiations fail, the next step is to file a lawsuit.
Step 6: Filing a lawsuit (if necessary)
If the insurance company refuses to offer a reasonable settlement, your attorney may advise taking legal action. Filing a lawsuit means bringing your case to court, where a judge or jury will decide the outcome.
Step 7: Receiving compensation
If you win your case, the court will order the at-fault party (or their insurer) to pay damages. The final amount will depend on the strength of your case and the severity of your injuries.
