Bicycle Accident Lawyer in Gwinnett County
For many, bicycling is a liberating escape. It is also a great way to stay fit, get around town, and save money on gas and other vehicle expenses. As many cyclists know, however, those benefits do not come without danger. Some drivers do not respect cyclists’ rights to the road. Or drivers might be distracted or careless, increasing the risk to nearby bicyclists. If another driver caused your accident, talk to John Morrison, a bicycle accident lawyer in Gwinnett County, about getting compensation for all of your damages.
Who pays for my injuries?
Driver’s liability insurance. Hopefully, the motorist who caused your accident was carrying insurance coverage that covers the bodily injury and property damage he caused. If so, you can file a liability insurance claim against the driver. The claims process will begin with an assessment by the insurer as to the extent of the damage and personal injuries – and will likely make you an offer to settle fairly quickly.
Never accept an insurance settlement without first speaking to a lawyer to ensure the offer considers the following factors.
- If you sustained permanent injuries or disabilities.
- Whether you will need lifelong care.
- Value of the bicycle and damaged equipment
Also consider the extent of the driver’s fault, particularly if the driver is alleging you were partially to blame for the accident. Georgia is a modified comparative negligence state, so if the investigation finds that you were at least 50 percent responsible for the accident, you will not be eligible to file a lawsuit for compensation. Even if you are less than 50 percent at fault, your own partial fault will proportionately reduce the compensation you recover.
In the event a settlement offer is too low – or the company is refusing to offer compensation for the injuries sustained – you can continue negotiations and/or file a lawsuit for damages.
Other insurance options. As we all know, not all drivers abide by the law and carry liability insurance. In some instances, drivers even flee the scene altogether.
Unbeknownst to many, your own auto insurance policy may cover the costs of bodily injury and property damage, even if you suffered injuries on a bicycle as opposed to a motor vehicle. Check your policy for coverage like uninsured motorist, medical payments, and more. In some cases, you might have to rely on your own health insurance too.
How do I prove the driver caused by accident?
Proving liability following a bicycle vs. automobile accident requires meeting four distinct elements duty of care,
Duty of care
: A motorist owes all other drivers (including cyclists) a duty of care and reasonable conduct behind the wheel.
:If a motorist engages in unreasonably dangerous behavior, such as texting, speeding, or failing to yield, that driver breached of the duty of care.
:Injured cyclists must also establish that the driver’s negligence caused the accident and resulting injuries.
:If the bicyclist suffered no injuries or bicycle damage, then he does not have a valid claim. However, if the injuries caused damages, then the bicyclist may establish their value and recover compensation.
Contact attorney John Morrison today!
Be sure to file your lawsuit soon after your injury, as
Georgia has a two-year statute of limitations on personal injury claims
If you suffered injuries in a bicycle accident involving a motor vehicle, contact the Law Offices of John Morrison, LLC today: 770-951-8900.