The addition of specific bike lanes and the promotion of green transit has resulted in a larger number of bicyclists using the same roadways as passenger vehicles. Unfortunately, the presence of more bicyclists means more opportunities for accidents to occur. If you were involved in a bicycle accident, you may suffer severe injury to your legs, back, neck, or head.
If your injuries persist after the initial impact, you may need the services of an experienced attorney to hold the operator of the vehicle that hit you responsible for the damages they caused. Retaining a Fulton County bicycle accident lawyer could be beneficial in ensuring you file a timely claim in order to protect the opportunity for financial recovery providing counsel on your duty to mitigate your damages.
Statute of Limitations
An injured party in a bicycle accident cannot simply bring a claim at any time following the impact. Claims for civil incidents in Fulton County such as bicycle accidents are governed by a statute of limitations. Specifically, under Official Code of Georgia §9-3-33, an injured party has only two years from the date of their accident to bring a claim for any losses they suffered in the crash.
Even if a claim is filed two years and one day after the accident, it could be prohibited by the court, and the injured party may be unable to recover. A Fulton County bicycle accident lawyer could calculate when a particular claim needs to be filed under statute and file in time to effectively pursue recovery.
Legal Duty Owed by the Injured Party
Georgia state law dictates the various elements that must be present in order for a claim to be considered by a trier of fact. An accomplished lawyer in Fulton County could explain the elements required and why they are needed for a claim to be considered.
One of those elements is the duty owed by the injured party. If the injured party in a bicycle accident case fails to take steps to mitigate their injuries, a civil judge may not award any compensation. Pursuant to O.C.G.A. §51-12-11, the actions of an injured bicyclist following an accident must mimic the actions a person demonstrating ordinary care would have taken.
For example, if someone breaks their leg, using ordinary care would constitute going to the hospital or an outpatient care center for evaluation and treatment of the leg. If a bicyclist is hurt but does not seek medical care to manage that injury, they may not meet the threshold of their duty to mitigate the injury.
Calling a Fulton County Bicycle Accident Attorney
Personal injuries resulting from a bicycle accident may take time and care to fully recover from. However, care and attention should also be taken during this period to ensure that the claim is preserved under the law for any potential future financial award.
If you were injured in a bicycle accident, a Fulton County bicycle accident lawyer could help you preserve your claim under Georgia law and present a timely and complete case the compensation of your losses. Schedule a consultation today to get started on your case.