Although negligence may seem clear-cut, proving it requires navigating a complex legal process.
The injured party (plaintiff) and their lawyer must demonstrate that:
The driver (defendant) owed them a duty of care.
The defendant breached this duty.
The breach directly caused the injury.
They suffered damages due to this injury.
Under Georgia's modified comparative negligence law, if you, as a cyclist, contributed less than 50 percent of responsibility for the accident, you can still recover damages, albeit reduced by your percentage of fault.
A reputable attorney can help you maximize your potential recovery settlement or verdict by ensuring that a defendant or insurance adjuster does not assign you more than your share of blame.