Whether it is done for exercise, enjoyment, or a sustainable way of commuting to work, riding a bicycle is a popular mode of transportation. Unfortunately, bike accidents occur often and can result in severe injuries and damages. Those who have been injured in a bike crash often sustain injuries such as broken bones, head trauma, and spinal damage. When a reckless motorist causes a collision, they could be held liable for damages.
If you or a loved one were severely injured due to a careless driver while riding your bike, you may be unsure of what to do next. Dealing with serious physical injuries and financial losses due to an accident can cause significant hardships. However, with a dedicated Marietta bicycle accident lawyer’s assistance, you may be able to recover compensation for those losses, as well as for your pain and suffering. Reach out to a skilled personal injury attorney to discuss your legal options.
At the core of many civil cases is the concept of legal negligence. Every motorist on the road including drivers, motorcyclists, and bicyclists must abide by an assumed duty of reasonable care. This means that they must behave as a reasonable person would under the same circumstances.
If a person drives carelessly or recklessly and causes an accident, their behavior could be considered a breach of their duty of care. The plaintiff and their attorney must prove that the defendant breached their duty of care in a way that directly caused them harm and damages. If they are able to prove the breach of duty, the plaintiff may be able to recover compensation for damages. A knowledgeable Marietta bike crash attorney could work to pursue appropriate compensation from the defendant.
It is important to note that civil plaintiffs can be found partially liable for their own accident and accordingly may have their recoverable compensation reduced. When determining how plaintiff liability may affect a civil case, courts in the State of Georgia follows a modified comparative negligence system.
According to Official Code of Georgia §51-12-33, any plaintiff found to be 50 percent or more at fault for the accident, they may be ineligible to recover any compensation for their losses. If the plaintiff is found to be less than 50 percent at fault, they may be eligible to recover compensation for damages, but their total recovery would be proportionately reduced by their percentage of fault. For example, a plaintiff found to be 25 percent at fault would only be able to recover for 75 percent of their damages.
A seasoned bike collision attorney in Marietta could explain the rules regarding shared negligence and devise a plan to help the plaintiff recover compensation for damages.
An important consideration to keep in mind when seeking compensation for damages following a bike wreck is the applicable statute of limitations. Under O.C.G.A. §9-3-33, civil plaintiffs have only two years from the date of their accident to file a personal injury claim. If an accident victim fails to take action within two years, they may be unable to recover compensation from the at-fault party.
However, there may be certain exceptions to this statutory period depending on the circumstances. An experienced bicycle accident lawyer in Marietta could provide further clarification on the exceptions to the filing deadline and how it may impact their particular case.
After suffering an injury due to an accident, victims are often left with serious injuries, damages, and financial hardships. Fortunately, a Marietta bicycle accident lawyer is here to help.
Call today to schedule a consultation.