College Park Georgia Bicycle Accident Lawyers

The statute of limitations in Georgia for personal injury lawsuits to be filed is two years, per O.C.G.A. 9-3-33. This means that if your claim is not settled within that time frame, suit must be filed or you may lose the right to bring a claim and recover damages. There are some limited exceptions, such as if a driver hit you and received a traffic citation, the statutory time may be extended until the ticket is disposed of. Another exception is for injured children, who have until two years from the date of majority to bring a claim, meaning two years beyond their 18th birthday to file lawsuit.

If the car or truck that hit a bicyclist (or anyone else) was owned by a city government or driven by an on-the-job city government employee, a special notice known as an ante-litem notice must be filed within 6 months of the date of injury. If the vehicle was driven or owned by a County or State Employee, an ante-litem notice must be submitted within 12 months of the date of injury. The Rules for what must be included in an ante-litem notice and who it must be served on are complex and unforgiving. If you attempt to submit an ante-litem notice on your own, careful research is recommended. The Millar Law Firm is very familiar with ante-litem notices and we recommend consulting an attorney well-versed in state or local government claims if you think your injury incident may involve a government entity or employee.

Yes, if a drunk driver hits a bike rider, this is as bad or worse than the intoxicated driver hitting another vehicle. In such cases an award of punitive damages can be recovered due to drunk driving being considered reckless and wanton behavior.