After suffering injuries in a bicycle accident, you may bring personal injury claims against one or more responsible individuals or entities, depending upon the circumstances of your accident. In many cases, bicycle accidents occur because one or more motor vehicle drivers behave in a negligent or careless manner. Because the State of Georgia is a ‘fault state’ when it comes to motor vehicle collisions, you can file a bicycle accident claim or lawsuit directly against the negligent motor vehicle operator who caused your accident. At that point, the driver’s insurance coverage will come into play. Also, if the negligent driver was operating his or her vehicle during the course of employment, then the driver’s employer might also be negligent under an agency theory of liability.
If your bicycle accident occurred because of a defective road condition, such as an unmarked ditch or pothole on a road or near a construction site, you may include the governmental entity that is responsible for road maintenance in that area as a defendant. If your bicycle accident occurred because of a defective road condition near a construction site, you may also add the construction company as a defendant in your case, since construction companies have a duty to maintain these areas in a reasonably safe condition at all times.
In addition to filing a bicycle accident claim or lawsuit against the at-fault party or parties, in some instances, you may file a claim or lawsuit against your own insurance company. These types of claims are called either totally uninsured motorist claims or underinsured motorist claims.
An uninsured motorist claim exists in cases where the person or entity that caused the bicycle accident was completely uninsured—or where you cannot tell whether the at-fault party was insured or not. For example, if an irresponsible driver negligently collided with your bicycle and immediately left the scene before you could obtain a license number, then your uninsured motorist coverage may come into play.
Similarly, an underinsured motorist claim exists in cases where the at-fault person or entity did not have sufficient insurance at the time of the accident to cover your damages, including your medical bills, lost wages, pain and suffering, and other damages that resulted from injuries you suffered in your bicycle accident. In that instance, you may bring an underinsured motorist claim against your own insurance company, alleging breach of contract, such for failure to adequately compensate you for your damages as pursuant to your contract of insurance.
Given the various types of claims that can be filed following an Atlanta bicycle accident, it can be difficult to determine which claim(s) apply to the circumstances of your accident. An Atlanta bicycle accident attorney will determine which claim or claims you should file and can assist you throughout the entire claims process. If the insurance company fails to adequately compensate you for the injuries and damages that you suffered in your accident, your lawyer can file a lawsuit and litigate your bicycle accident case through the Georgia court system.
