How long do I have to file a bicycle accident case?
In Georgia, you typically have two years from the date of the accident to file a personal injury lawsuit. However, it is important not to delay because key evidence such as traffic footage, witness memories, and crash data can quickly fade away.
What if I wasn’t wearing a helmet?
You can still file a claim. Under Georgia law, helmets are only required for cyclists under the age of 16. Even if you were not wearing a helmet, this does not prevent you from recovering compensation.
Can I sue if I was hit by a hit-and-run driver?
In some situations, you may be able to pursue a claim related to a hit-and-run accident, including through uninsured motorist coverage or other legal avenues, depending on the facts. This compensation may cover medical expenses, lost wages, pain and suffering, and other related costs.
Are bike accidents covered under no-fault insurance?
Georgia is not a no-fault state, meaning that coverage for accidents depends on who is at fault. If a driver is found to be negligent and caused the crash, you can file a claim through their liability insurance. However, if the at-fault driver is uninsured or underinsured, you may use your own uninsured/underinsured motorist (UM/UIM) coverage to pursue compensation.
Can I recover damages if I was partially at fault?
Georgia follows a modified comparative negligence rule. This means you can still recover compensation if you are less than 50% at fault. However, your total award will be reduced by your percentage of fault.