Dallas Bicycle Accident Lawyer
While biking is a great form of transportation and exercise, cyclists must operate their bike with extreme caution when riding around other motorists. This is because bicyclists have a higher risk of suffering significant injuries in a crash than drivers of motor vehicles.
If you suffered injuries in a bicycle wreck, it may be challenging to pursue legal recovery on your own. Fortunately, a Dallas bicycle accident lawyer could guide you through the complex claims process. As a seasoned personal injury attorney, they could review your case and help you strategize for your future recovery options.
Filing an Insurance Claim
Those who suffer injuries in a bike accident may be able to seek compensation by filing an insurance claim. Because Georgia is an at-fault auto insurance state, claimants are afforded three recovery options. First, an injured party may file a claim with their own insurance company under their policy limits.
A hurt bicyclist also may file an insurance claim against the at-fault driver’s insurance company. If an injured party decides to take legal action, they also have the option to submit a civil claim against the responsible driver. It is important to note that fault states do not require a plaintiff to meet a serious injury or monetary threshold to file a personal injury lawsuit, as some no-fault states do.
Comparative Fault
When the plaintiff and defendant contributed to the cause of an accident, this could impact the amount of compensation a claimant may be able to receive and how much the opposing party must pay. Under the state’s modified comparative fault rule, plaintiffs may only recover damages if they are 49 percent or less at fault for their injuries. If they exceed this bar, the court may prohibit them from recovering any damages.
When a plaintiff is less than 49 percent to blame, the court may reduce their damages by their percentage of fault. For example, if a bicyclist is 25 percent at fault, they may only receive 75 percent of their damages. A Dallas lawyer who is familiar with bicycle accident cases could review the details of a claimant’s case and determine if the court may find them partially at fault.
Statute of Limitations
Claimants are required to file their lawsuit within the statute of limitations. Official Georgia Code Annotated §9-3-33 sets the statute of limitations for personal injury actions. According to this law, an injured party must file their claim within two years of the date of their accident.
There are, however, some exceptions to this deadline. For instance, if someone is bringing an action against a government entity, this statutory deadline may be shorter. An experienced Dallas bicycle accident attorney could help an injured cyclist meet all the applicable legal deadlines in their case.
Contact a Dallas Bicycle Accident Attorney
Due to the lack of protection against the force of a motor vehicle, the injuries someone suffers in a bicycle accident can be devastating. If you sustained significant bodily harm in a bike wreck, you may be considering how to move forward with your recovery.
A Dallas bicycle accident lawyer could help by providing insight and support throughout the legal process. Reach out today to start building your case for recovery.
