When someone hits you while riding a bike, you may file a lawsuit if you can demonstrate:
The person who hit you owed you a duty of care, which is to say, they had a moral and legal obligation to protect you by acting correctly. The one who struck you failed to uphold this duty of care.
- Their carelessness resulted in the incident that wounded you.
- Your injuries resulted in losses in money and other harm.
You don’t have to take on the at-fault party or the legal system alone. The Stewart Miller Simmons Trial Attorneys will fight on your behalf to ensure you receive just compensation.
How to File a Lawsuit Following a Bike Accident?
Bicyclists are usually the victims of bicycle accidents involving motor vehicles. This is because, in comparison to cars or trucks, bicycles provide very little protection, and bicyclists invariably take the brunt of these incidents.
Depending on the circumstances, a motorist could run over a bicyclist:
- Drunk or sleepy
- Instead of the road, they were focusing on their phone or another device.
- sped up his speed
- Had been moving in the wrong direction
- excessively close to the bicyclist
In certain instances, the bicyclist, however, injures people equally as much (if not more).
Create a case for your argument
Your first move is to develop a solid, compelling argument that will withstand legal scrutiny.
Hiring a legal representative who is skilled in gathering information regarding your accident from all relevant sources, such as:
- Whoever it was that was operating the vehicle that hit you
- Any witnesses to the incident
- Your doctor, who could provide a statement concerning your wounds or access to your medical records
- Police responded, and a report of the collision was made (your lawyer can also request this report)
- Streaming or captured images or video from traffic cameras, cell phone cameras, or security cameras
Do I Have a Case After a Fatal Bike Accident?
It all depends on how you felt about the departed. In Georgia, if a spouse or parent died in a collision with a bicycle, the bereaved spouse and any orphan children, including those born outside of marriage, have the right to pursue a wrongful death claim.
- Give yourself two years to bring your case.
- Determine how much money you might be eligible for based on criteria unique to your situation.
- Give you a chance to bargain an equitable settlement outside of court with the responsible party’s insurance provider.
- Permit you to go to trial if required in your case.