Can I File a Claim if I Was Injured as a Pedestrian or Bicyclist in a Car Accident?

Each year, over 60,000 pedestrians and 50,000 bicyclists are injured in traffic crashes. As a pedestrian or bicyclist, you are vulnerable to catastrophic injuries, resulting in surgeries, follow-up visits with specialists, and thousands of dollars in medical expenses.

Accessibility issues may arise for individuals who suffer long-term injuries. To navigate their home, ramps may need to be installed, doorways may need to be widened, and other modifications may need to be made. These costs can be very expensive.

At Banks, Stubbs, & McFarland, our personal injury attorneys in Cumming have successfully helped countless clients restore their shattered life. If you have recently been struck by a motor vehicle, do not hesitate to give our office a call.

Proving a Motorist’s Negligence

Car accidents are typically centered around another person’s carelessness behind the wheel. A successful personal injury claim requires that the plaintiff prove the following elements:

Duty of care: Motor vehicle operators must follow traffic regulations to keep all road users safe.
Breach of duty: Either through an act or omission, a motorist (defendant) breaks the law.
Causation: The motorist’s action resulted in the plaintiff’s injuries. The defendant’s actions must have put a chain of events into motion that resulted in your injuries (actual cause). Additionally, the defendant’s actions must sufficiently relate to your injuries and foreseeable (proximate cause).
Damages: You have sustained measurable losses due to the harm suffered. These losses may be economic (money paid out of your pocket) or noneconomic (intangible losses that impact your quality of life). In some cases, you may be able to recover punitive damages if the motorist’s actions are considered egregious or reckless.

Filing a Personal Injury Claim in GA

If the motorist is found negligent, his or her auto insurer will pay for your lost wages, medical expenses, pain and suffering, and other damages. Georgia drivers must carry at least $25,000 in bodily injury coverage per person and $50,000 in bodily injury coverage per accident. If the at-fault driver does not have sufficient coverage, you can file a claim under your policy (if you have uninsured/underinsured motorist coverage). Alternatively, you can file a lawsuit against the other driver to recover damages.

In Georgia, at-fault insurance companies must respond to a time-limited demand from a personal injury lawyer within 30 days of receiving the demand. A proper written demand is a vehicle to obtain full compensation for all losses. Additionally, insurance companies must adhere to the following timelines regarding claims:

15 days to acknowledge the claim
15 days to investigate
40 days to approve or deny the claim
10 days to provide payment once a claim is approved

If the insurance company needs more time to decide on your claim, they must notify you in writing. If your claim is denied, a claims adjuster must provide a reason for the denial. Working with insurance can be extremely difficult and time-consuming, but it should be left to professionals. At Banks, Stubbs, & McFarland, our Cumming personal injury lawyers have a successful track record of negotiating with insurance companies and securing just compensation through the litigation process for our clients.

Struck by a Motor Vehicle? Speak with Our Cumming Personal Injury Attorneys Today

There is no denying that accidents can be complex, but finding excellent legal counsel should not be. At Banks, Stubbs, & McFarland, our legal team is passionate about obtaining the best possible outcome for accident victims. If you have been injured due to a run-in with a motor vehicle, our Cumming personal injury lawyers are ready to serve you. To learn more or arrange your initial consultation, contact us online or call (770) 887-1209 at your earliest convenience.