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Comparative Negligence In A Bicycle Accident in Atlanta

As a biker on the roads of Atlanta, you are more exposed to inherent risks and the elements. Following a bicycle accident, you may have a bunch of questions on your mind. Can you sue the at-fault car driver for causing the mishap? What is your claim worth? How long will it get to recover a settlement? You need to engage a reliable Atlanta bicycle accident attorney to find answers to all that. One of the aspects that impacts your settlement is your role in causing the incident. This is where the comparative negligence rule comes into play. In this post, we are discussing the laws in Georgia for your help.

The basics

In some states, a plaintiff cannot recover anything even when they are at a minor fault for a bicycle accident. Other states are more open in their approach and follow the comparative negligence rule. There are two variants of this rule – Pure and Modified. Georgia is a modified comparative negligence state. This essentially means that you can recover compensation from the other party responsible for the accident only when your fault share is 50% or less. Also, your final settlement depends on the fault share. Let’s say that you were 30% responsible for a road mishap and recovered $50,000 in a settlement; you can now get only 70% of it, which is $35,000.

What is your bicycle accident claim worth?

An attorney will check all relevant aspects to review your bicycle accident claim. Besides your share in the fault, if any, there are several factors that can influence the outcome of your case. Typically, things that influence settlements include the severity of the injuries, treatment required, expected recovery, clarity on liability, and impact on the plaintiff’s life.

Finding a good lawyer

Not all lawyers can claim to be the best in business for bicycle accident claims, and it is best to hire someone who has worked in the field and has handled similar cases. Make sure that you check the work profile of the lawyer and the number of cases they have taken to trial. While you would never want your case to end up in litigation, it is best to find a lawyer who can tackle the worst situation too. Also, don’t shy away from asking relevant questions about the worth of your claim and the maximum settlements they have won for bicycle accident cases in particular.

Hire a lawyer soon after the mishap so that they have enough time.

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