Cycling is a popular activity and method of transportation in Georgia, but it comes with risks.
If you’ve suffered injuries in a bike accident, understanding your legal options is crucial.
This guide will provide an overview of a bike accident lawsuit in Georgia, covering the timeline, what to expect, and what makes up a successful bike accident claim.
To schedule a free consultation with a skilled Atlanta, Georgia bike accident attorney and learn more about the path to recovery, please contact our office online or call (770) 988-5252 today.
The Timeline of a Bicycle Accident Lawsuit
Learning the steps necessary in a cycling accident claim can help you understand what to expect throughout the legal process. Here are the key stages:
1. Consultation with an Attorney
The first step in pursuing a bike accident lawsuit is consulting with an experienced attorney. During this initial meeting, you’ll discuss the details of your accident, your injuries, and the potential for a successful claim. Your attorney will evaluate the strength of your case and guide you through the next steps. Make sure to share all information you have, including pictures of your injuries, bicycle, or other evidence from the collision.
2. Investigation and Evidence Gathering
Once you decide to proceed, your attorney will begin investigating the accident. This process includes gathering evidence such as police reports, witness statements, medical records, and any available surveillance footage. Preserving physical evidence, like your damaged bike and helmet, is also essential as they will be critical pieces of evidence.
3. Filing the Complaint
After collecting sufficient evidence, your attorney will draft and file a complaint in the appropriate court. This document outlines the case facts, the injuries and damages you suffered, and the legal basis for your claim. Filing the complaint starts the lawsuit process and must be done within the statute of limitations.
4. Discovery Phase
During the discovery phase, both sides exchange information and evidence. Discovery may include written questions (interrogatories), requests for documents, and depositions (formal interviews under oath). The discovery phase is vital for building a strong case.
5. Mediation and Settlement Negotiations
Many bike accident claims settle before reaching trial. The most common way to accomplish this is through mediation. Mediation is a process where both parties and their attorneys meet with a neutral third party (the mediator) to try to reach a settlement. Sometimes, the court might order mediation, while other times the parties may voluntarily agree to it. Settlement negotiations can save time and money compared to a trial.
6. Trial Preparation and Trial
If the parties cannot reach a settlement, they will begin to prepare for trial. However, the process can take an exceptionally long time as the trial date depends on the court’s calendar and how often the case gets rescheduled. When the trial does occur, both sides present their evidence and arguments to a judge or jury during the trial. Your attorney will prepare you and any witnesses for testimony. After hearing both sides, the judge or jury will make a decision.
7. Verdict and Appeals
If you win the case, the court will determine the compensation you are entitled to. If either party is dissatisfied with the verdict, they may file an appeal, asking a higher court to review the decision.
What Makes Up a Successful Bicycle Accident Claim?
You must be able to prove your case before you can negotiate a settlement or ask a judge or jury to award you compensation in court.
Proving Liability
To win a bike accident lawsuit, you must prove that the other party was at fault. Proving liability involves showing that they were negligent and that their negligence directly caused your injuries. Evidence such as police reports, witness statements, and expert testimony can support your claim.
Documenting Injuries and Damages
Thorough documentation of your injuries and damages is essential. Medical records, bills, and photographs of your injuries can demonstrate the extent of your suffering. Additionally, documenting any property damage, such as repairs to your bike, is crucial. In one case we tried in front of a jury, we showed the jury pictures of our client’s damaged helmet, torn clothing/jersey, and injuries.
Calculating Compensation
Your attorney will help calculate the compensation you are entitled to, which can include medical expenses, lost wages, pain and suffering, and property damage. In some cases, you may also be entitled to punitive damages if the other party’s behavior was particularly egregious.
The Pre-Litigation Claims Process
Before your lawyer files a lawsuit, they may try to resolve the claim directly with the driver’s insurance company. The timeline for this process will vary depending on whether it’s disputed liability or a disagreement on your damages. Your attorney can help negotiate with the insurer to seek a fair settlement. If the insurance company offers inadequate compensation, you can proceed with a lawsuit.
Insurance adjusters will try to minimize the payout. If the insurance company offers a settlement, you can choose to accept or reject it. Your attorney will advise whether the offer is fair based on the evidence and the extent of your injuries. If you reject the offer, you can proceed with filing a lawsuit.
Contact MG Law
Filing a bike accident lawsuit in Georgia can be complex, but with the proper legal guidance, you can seek the compensation you deserve. If you need assistance with filing a bike accident lawsuit in Georgia, contact MG Law. We have decades of combined experience with personal injury accidents, including cycling accidents.
Reach us online or call (770) 988-5252 today to schedule a free consultation.
Amer Ahmad is a trial lawyer at MG Law. He represents seriously injured clients who are going through some of the most difficult moments of their lives. Amer’s practice includes representing families in wrongful death cases and individuals seriously injured by motor vehicle accidents, negligently maintained premises, and defective products. As a former insurance attorney who knows the insurance companies’ playbook, he helps MG Law clients even the playing field and avoid insurance tricks. Due to his experience and results, Amer has been named a Georgia Rising Star by Super Lawyers and Atlanta Magazine from 2019 until 2024. Only 2.5% of all lawyers in Georgia are selected as Rising Stars.