GA Bike Accident Claims: Don’t Lose $ Over a Myth

There’s a lot of misinformation floating around about what you can recover after a bicycle accident in Georgia, especially in areas like Brookhaven. Sorting fact from fiction is critical to protecting your rights.

Myth #1: If I was even partially at fault for the bicycle accident, I can’t recover anything.

This is simply not true. Georgia operates under a modified comparative negligence system, as outlined in O.C.G.A. § 51-12-33. This means that you can still recover damages even if you were partially at fault for the bicycle accident. The catch? Your percentage of fault must be less than 50%.

Here’s how it works: Let’s say you were riding your bike through Brookhaven, near the intersection of Dresden Drive and Peachtree Road, and a car ran a red light, hitting you. However, you weren’t wearing a helmet, which may have increased the severity of your injuries. A jury might find the driver 80% at fault for running the red light, and you 20% at fault for not wearing a helmet. In that scenario, you can recover damages. But if the jury finds you 50% or more at fault, you recover nothing. Furthermore, the amount you receive is reduced by your percentage of fault. So, if your total damages are assessed at $100,000, and you are 20% at fault, you would receive $80,000.

I had a client last year who was hit by a car while biking on Clairmont Road near Emory University. Initially, the insurance company argued he was fully at fault because he didn’t have a headlight on his bike at dusk. We were able to demonstrate that the driver was primarily responsible for failing to yield, and we ultimately secured a settlement for him, even though he shared some of the blame. It’s important to understand GA bike accident fault.

Myth #2: There’s no time limit to file a bicycle accident claim.

Wrong. There is a statute of limitations for filing a personal injury claim in Georgia. Generally, you have two years from the date of the accident to file a lawsuit. This is governed by O.C.G.A. § 9-3-33. If you miss this deadline, you lose your right to sue for damages.

This is why it’s so important to speak with an attorney as soon as possible after a bicycle accident. Gathering evidence, negotiating with insurance companies, and preparing a lawsuit takes time. Don’t wait until the last minute and risk missing the deadline. The Fulton County Superior Court is where many of these cases end up, and the wheels of justice turn slowly.

Myth #3: The only damages I can recover are for the damage to my bicycle.

Absolutely not. While the cost to repair or replace your bicycle is certainly a component of your damages, you can also recover for a wide range of other losses. These include:

• Medical expenses: This includes all costs associated with your medical treatment, such as ambulance rides, emergency room visits, doctor’s appointments, physical therapy, prescription medications, and any future medical care you may need as a result of the accident.

• Lost wages: If you were unable to work as a result of your injuries, you can recover for your lost income. This includes not only your regular salary or hourly wage, but also any lost bonuses, commissions, or other benefits.

• Pain and suffering: This is compensation for the physical pain, emotional distress, and mental anguish you have experienced as a result of the accident. This is often the most significant component of damages in a serious bicycle accident case.

• Property damage: As mentioned, this includes the cost to repair or replace your bicycle, as well as any other personal property that was damaged in the accident, such as clothing, a helmet, or a cell phone.

• Other expenses: You may also be able to recover for other out-of-pocket expenses you incurred as a result of the accident, such as transportation costs to and from medical appointments, the cost of hiring someone to help with household chores, and other related expenses.

Myth #4: Insurance companies are always on my side and will offer a fair settlement.

This is a dangerous assumption. Insurance companies are businesses, and their primary goal is to minimize their payouts. While they may seem friendly and helpful at first, their interests are ultimately adverse to yours. They may try to lowball you with an initial settlement offer, pressure you to accept a quick settlement before you fully understand the extent of your injuries, or even deny your claim altogether.

Here’s what nobody tells you: insurance adjusters are trained to look for any reason to reduce or deny your claim. They might scrutinize your medical records, question your version of events, or even try to use your own words against you. That’s why having an experienced attorney on your side is so important. We know how to deal with insurance companies, and we will fight to protect your rights and get you the compensation you deserve. For example, it’s important to know are you getting fair compensation?

Myth #5: If the driver who hit me didn’t have insurance, I’m out of luck.

Not necessarily. Even if the at-fault driver was uninsured, you may still have options for recovering compensation. Here are a few possibilities:

• Uninsured motorist (UM) coverage: If you have UM coverage as part of your own auto insurance policy, you can make a claim against your own insurance company for damages caused by an uninsured driver. Georgia law requires insurance companies to offer UM coverage, although you can reject it in writing.

• Underinsured motorist (UIM) coverage: If the at-fault driver has insurance, but their policy limits are not sufficient to cover your damages, you can make a claim against your own insurance policy for underinsured motorist coverage.

• Other responsible parties: In some cases, there may be other parties who are liable for the accident, such as a negligent bicycle manufacturer, a government entity responsible for maintaining safe roads, or even a bar that served alcohol to the driver before the accident.

We recently handled a case where a cyclist was seriously injured by a hit-and-run driver in the Buckhead area. The driver was never identified, but we were able to secure a significant settlement for our client through his own uninsured motorist coverage. The policy initially offered only $25,000, but after we presented evidence of his extensive medical bills and lost wages, we were able to negotiate a settlement of $250,000. It’s important to know you may still get paid. Also, don’t make these GA bike accident claim mistakes.

Don’t let misinformation derail your chances of recovering what you deserve after a bicycle accident. Speaking with an attorney is the best way to understand your rights and options. After a bicycle accident in Georgia, protect yourself by consulting with a qualified attorney as soon as possible.