Yes, you can sue for wrongful death in a bicycle accident if the cyclist’s death resulted from another party’s negligence or wrongful act. Georgia law under O.C.G.A. § 51-4-2 allows specific family members to file a wrongful death claim seeking compensation for the full value of the deceased’s life, including both economic and non-economic damages.
Bicycle accidents often result in catastrophic injuries or death because cyclists have no protection against the force of a collision with a vehicle. When a loved one dies in a bicycle accident caused by a negligent driver, distracted motorist, or dangerous road conditions, the family faces not only emotional devastation but also financial hardship from medical bills, funeral costs, and lost income. Understanding your legal rights helps you determine whether pursuing a wrongful death claim can provide the compensation and accountability your family deserves.
What Constitutes Wrongful Death in a Bicycle Accident
Wrongful death occurs when a person dies due to the negligent, reckless, or intentional actions of another party. In bicycle accidents, this typically involves a motorist’s failure to exercise reasonable care while driving, resulting in a collision that causes fatal injuries to the cyclist.
The death must be a direct result of the defendant’s conduct. This means proving that the accident would not have occurred but for the at-fault party’s actions, and that the death was a foreseeable consequence of their negligence. Georgia law does not require the defendant to have intended to cause harm, only that their careless or wrongful behavior led directly to the fatality.
Who Can File a Wrongful Death Lawsuit for a Bicycle Accident
Georgia law establishes a strict hierarchy determining who has the legal right to file a wrongful death claim. The statute prioritizes certain family members over others to ensure the claim is brought by those most affected by the loss.
Surviving Spouse
If the deceased cyclist was married at the time of death, the surviving spouse has the primary right to file the wrongful death claim under O.C.G.A. § 51-4-2. This applies regardless of whether the couple had children together.
The spouse’s claim includes compensation for loss of companionship, protection, and the economic support the deceased would have provided throughout their expected lifetime. If children exist, the spouse must share the recovery equally with them, but the spouse retains sole authority to file and control the lawsuit.
Children of the Deceased
When no surviving spouse exists, the children of the deceased cyclist have the right to file the wrongful death claim. All children share equally in any recovery, and they must agree on who will serve as the representative to file the lawsuit on behalf of all siblings.
This category includes biological children, legally adopted children, and in some circumstances, stepchildren who were financially dependent on the deceased. The children’s claim encompasses both economic losses and the value of losing parental guidance, care, and companionship.
Parents of the Deceased
If the deceased cyclist had no spouse or children, the parents gain the right to file a wrongful death claim under O.C.G.A. § 51-4-2. Both parents typically share equally in any recovery, even if they were divorced or separated at the time of their child’s death.
Parents can recover damages for the full value of their child’s life, though the calculation differs from spousal or child claims. The measure of damages focuses on the intrinsic value of the parent-child relationship rather than economic dependency.
Administrator of the Estate
When no spouse, children, or parents survive the deceased, the administrator or executor of the estate may file the wrongful death claim. This person is appointed by the probate court and acts on behalf of the estate and next of kin.
The administrator’s claim follows the same legal framework as family members, seeking the full value of the deceased’s life. Any recovery becomes part of the estate and distributes according to Georgia’s intestacy laws or the deceased’s will.
Common Causes of Fatal Bicycle Accidents
Fatal bicycle accidents stem from various forms of negligence and dangerous conditions. Understanding these causes helps establish liability and strengthens your wrongful death claim.
Driver negligence – Motorists who fail to yield right-of-way, make unsafe turns, or ignore traffic signals frequently cause fatal bicycle accidents. Drivers often claim they did not see the cyclist, but failure to maintain proper lookout constitutes negligence under Georgia law.
Distracted driving – Texting, phone calls, eating, or adjusting navigation systems divert a driver’s attention from the road. Even a momentary glance away can prevent a driver from seeing a cyclist in time to avoid a collision, particularly at intersections or when changing lanes.
Speeding and reckless driving – Excessive speed reduces reaction time and increases the severity of impact. A cyclist struck by a vehicle traveling well above the speed limit faces significantly higher risk of fatal injuries than one hit at lower speeds.
Driving under the influence – Alcohol and drugs impair judgment, slow reaction time, and reduce coordination. Intoxicated drivers often drift into bike lanes, run red lights, or fail to notice cyclists until impact occurs.
Dooring accidents – When vehicle occupants open doors into the path of oncoming cyclists without checking mirrors or blind spots, the sudden obstacle can throw the cyclist into traffic or cause catastrophic injuries from the impact itself.
Unsafe road conditions – Potholes, uneven pavement, missing signage, or poorly designed intersections can cause cyclists to lose control or force them into the path of vehicles. Government entities or private property owners may bear liability for dangerous conditions they failed to repair.
Commercial vehicle negligence – Truck drivers, delivery vehicles, and buses pose heightened danger to cyclists due to large blind spots and difficulty maneuvering. Companies may face liability for inadequate driver training, unrealistic delivery schedules that encourage reckless driving, or failure to maintain vehicles properly.
The Wrongful Death Claim Process in Georgia
Filing a wrongful death claim after a bicycle accident involves multiple stages. Each phase requires careful attention to legal deadlines and procedural requirements.
Consult with a Wrongful Death Attorney
Most wrongful death attorneys offer free initial consultations where they review the circumstances of the accident and assess whether you have a viable claim. During this meeting, bring any documentation you have including the police report, death certificate, medical records, and information about the deceased’s employment and earnings.
An attorney can immediately begin preserving evidence such as witness statements, surveillance footage, and accident scene photographs before they disappear. Georgia’s statute of limitations under O.C.G.A. § 9-3-33 gives you two years from the date of death to file a wrongful death lawsuit, but starting early strengthens your case significantly.
Investigation and Evidence Gathering
Your attorney will conduct a thorough investigation to establish liability and document damages. This includes obtaining the official accident report, interviewing witnesses, consulting with accident reconstruction experts, and reviewing the defendant’s driving history for prior violations or crashes.
Medical records and autopsy reports establish the cause of death and link it directly to the accident. Financial documentation such as tax returns, pay stubs, and employment records help calculate economic damages. This investigation phase can take several months depending on case complexity.
Filing the Lawsuit
If settlement negotiations fail or the insurance company refuses a fair offer, your attorney will file a wrongful death lawsuit in the appropriate Georgia court. The complaint must clearly state the legal basis for the claim, identify all defendants, and specify the damages sought.
Once filed, the defendants have 30 days to respond. The court sets deadlines for discovery, depositions, and motions. Many wrongful death cases settle during this litigation phase once defendants recognize the strength of the evidence against them.
Discovery and Depositions
Both sides exchange information through written interrogatories, document requests, and sworn testimony in depositions. Your attorney may depose the at-fault driver, eyewitnesses, investigating officers, and expert witnesses. This process reveals the strengths and weaknesses of each side’s case.
Discovery can last six months to over a year depending on case complexity and court scheduling. The information gathered often leads to settlement as parties gain clearer understanding of likely trial outcomes.
Settlement Negotiations or Trial
Most wrongful death claims settle before trial through negotiation or mediation. Your attorney presents evidence of liability and damages to the defendant’s insurance company and negotiates for maximum compensation. Settlement avoids the uncertainty of trial and provides faster resolution.
If settlement fails, the case proceeds to trial where a jury determines liability and awards damages. Trials can last several days to weeks depending on evidence complexity. Your attorney presents testimony from witnesses and experts, cross-examines defense witnesses, and argues why the evidence proves the defendant caused your loved one’s death.
Damages Available in Bicycle Accident Wrongful Death Cases
Georgia law allows recovery of both economic and non-economic damages in wrongful death claims. Understanding these categories helps you recognize the full value of your claim.
The Full Value of Life
Under O.C.G.A. § 51-4-2, the primary measure of damages is the full value of the life of the deceased. This includes both the economic value and the intangible value of the person’s life to their family.
Economic value encompasses all earnings the deceased would have earned over their expected lifetime, including salary, benefits, bonuses, and potential raises or promotions. Experts calculate this using the deceased’s age, health, education, skills, and career trajectory. The intangible value reflects the loss of companionship, care, guidance, and the unique relationship family members had with the deceased, which has no precise monetary equivalent but can be substantial.
Medical and Funeral Expenses
The estate can recover all medical expenses incurred from the time of injury until death. This includes emergency room treatment, hospitalization, surgery, medications, and any other medical care related to the bicycle accident injuries.
Funeral and burial expenses are also recoverable, including costs for the service, casket or cremation, burial plot, headstone, and related arrangements. Keep detailed records and receipts of all expenses to document these damages accurately.
Pain and Suffering Before Death
If the cyclist survived for any period between the accident and death, the estate may pursue a separate survival action under O.C.G.A. § 51-4-5 for the pain and suffering the deceased endured. This claim belongs to the estate rather than the wrongful death beneficiaries.
Survival action damages compensate for the physical pain, mental anguish, and awareness of impending death the cyclist experienced. Medical records documenting consciousness, pain levels, and treatments support these damages.
Punitive Damages in Cases of Gross Negligence
When the defendant’s conduct showed willful misconduct, malice, fraud, wantonness, or conscious indifference to consequences, Georgia law allows punitive damages under O.C.G.A. § 51-12-5.1. These damages punish the wrongdoer and deter similar conduct.
Examples include drunk driving accidents, extreme speeding, or intentionally running a cyclist off the road. Punitive damages require clear and convincing evidence of egregious behavior beyond simple negligence.
Proving Liability in a Bicycle Accident Wrongful Death Case
Winning a wrongful death claim requires proving the defendant’s negligence or wrongful act caused the cyclist’s death. Georgia law requires establishing four essential elements.
Duty of Care
You must first prove the defendant owed a duty of care to the deceased cyclist. All motorists have a legal duty to operate vehicles safely and follow traffic laws to avoid harming others sharing the road, including cyclists.
Georgia law treats bicycles as vehicles under O.C.G.A. § 40-1-1, meaning cyclists have the same rights to use roadways as motor vehicles. Drivers must exercise reasonable care to avoid collisions with cyclists, including maintaining proper lookout, yielding right-of-way when required, and keeping safe distances when passing.
Breach of Duty
Next, you must show the defendant breached their duty through negligent or wrongful conduct. This means proving they failed to act as a reasonably prudent person would under similar circumstances.
Common breaches include violating traffic laws, driving while distracted or impaired, speeding, or failing to yield. Evidence such as traffic citations, witness testimony, and expert analysis of the accident demonstrates how the defendant’s actions fell below acceptable standards of care.
Causation
You must establish a direct causal link between the defendant’s breach and the cyclist’s death. This requires proving both cause-in-fact (the death would not have occurred but for the defendant’s actions) and proximate cause (the death was a foreseeable result of the defendant’s negligence).
Accident reconstruction experts often testify about vehicle speeds, points of impact, and whether the collision could have been avoided if the defendant had acted properly. Medical experts link the accident trauma directly to the cause of death.
Damages
Finally, you must prove actual damages resulted from the death. This includes documenting the deceased’s earning capacity, the family’s financial dependence, medical and funeral expenses, and the intangible losses suffered by survivors.
Financial records, employment history, expert economic testimony, and family testimony establish the scope of damages. The more thoroughly you document losses, the stronger your claim for maximum compensation.
Comparative Negligence and Its Impact on Recovery
Georgia follows a modified comparative negligence rule under O.C.G.A. § 51-12-33 that can reduce or eliminate recovery if the deceased cyclist shared fault for the accident. Understanding how this applies protects you from unfair blame tactics insurance companies often employ.
If the deceased cyclist is found less than 50 percent at fault, the family can still recover damages, but the award reduces by the percentage of fault assigned to the cyclist. For example, if total damages equal $1 million and the cyclist is found 20 percent at fault, the recovery reduces to $800,000.
If the cyclist is found 50 percent or more at fault, Georgia law bars any recovery under the comparative negligence rule. Insurance companies frequently argue cyclists violated traffic laws, failed to wear helmets, or rode unsafely to shift blame and reduce their liability. Strong evidence countering these arguments is essential to protecting your full recovery.
Statute of Limitations for Bicycle Accident Wrongful Death Claims
Georgia law strictly limits the time to file wrongful death lawsuits. Missing these deadlines permanently bars your claim regardless of how strong your case may be.
Two-Year Filing Deadline
Under O.C.G.A. § 9-3-33, you must file a wrongful death lawsuit within two years from the date of the cyclist’s death. This deadline applies even if you did not immediately know all the facts surrounding the accident or identify all potential defendants.
The clock starts on the date of death, not the date of the accident. If the cyclist survived for days or weeks after the collision before dying from injuries, the two-year period begins when death occurs. Courts strictly enforce this deadline, and very few exceptions exist.
Exceptions to the Standard Deadline
Certain circumstances can pause or extend the statute of limitations. If the at-fault party leaves Georgia to avoid service of process, the time they spend outside the state may not count toward the two-year limit under O.C.G.A. § 9-3-31.
If the deceased cyclist was a minor, different rules may apply. Claims involving government entities face much shorter notice requirements, often requiring filing a claim within six months to one year depending on whether the entity is a county, city, or state agency.
Wrongful Death Claims Against Government Entities
When dangerous road conditions, inadequate signage, or government vehicle operators contribute to fatal bicycle accidents, special rules govern claims against cities, counties, or the State of Georgia. These cases require strict adherence to notice requirements and procedural rules.
Government entities enjoy sovereign immunity, meaning they cannot be sued without their consent. Georgia has waived immunity in certain circumstances under the Georgia Tort Claims Act, O.C.G.A. § 50-21-20 et seq., but recovery is limited and procedural requirements are strict.
You must file a written notice of claim with the appropriate government entity within six months for state claims or one year for local government claims. The notice must describe the incident, injuries, time and location, and the amount of damages sought. Failure to provide proper notice within these short deadlines can permanently bar your claim even if the filing deadline for the lawsuit itself has not expired.
How Bicycle Accident Investigations Strengthen Wrongful Death Claims
Thorough accident investigation provides the evidence foundation for successful wrongful death claims. The quality and completeness of this investigation often determines whether you receive fair compensation or face an uphill battle against well-funded insurance defense teams.
Accident Scene Documentation
Photographs and measurements of the accident scene capture critical details before weather, traffic, or road repairs alter conditions. Your attorney or investigator should document skid marks, debris fields, sight line obstructions, traffic control devices, and road surface conditions.
Video footage from nearby businesses, traffic cameras, or dashboard cameras can provide objective evidence of how the collision occurred. This footage often disappears quickly as businesses recycle surveillance recordings, making immediate investigation essential.
Witness Identification and Interviews
Eyewitness testimony can corroborate your version of events and counter the defendant’s claims. Witnesses may include other motorists, pedestrians, nearby residents, or cyclists who saw the accident or observed the defendant’s driving behavior before impact.
Witnesses often leave accident scenes before police arrive, or fail to provide contact information. An investigator can canvass the area, knock on doors, and check social media for people who mentioned seeing the accident. Early contact preserves memories before they fade or become influenced by media coverage.
Vehicle Inspection and Data Recovery
Examining the at-fault vehicle can reveal mechanical failures, inadequate maintenance, or evidence contradicting the driver’s account. Modern vehicles contain event data recorders that capture speed, braking, steering inputs, and other data in the seconds before impact.
Your attorney can file motions to preserve this evidence and prevent its destruction. Expert analysis of vehicle data often proves defendants were speeding, failed to brake, or did not attempt evasive action before striking the cyclist.
Expert Reconstruction Analysis
Accident reconstruction experts use physics, engineering principles, and available evidence to determine how the collision occurred. They calculate vehicle speeds, analyze impact forces, determine sight distances, and create diagrams or animations showing the sequence of events.
Expert testimony translates complex technical evidence into understandable explanations for juries. Reconstruction analysis can definitively prove the defendant had adequate time and distance to avoid the collision if they had been paying attention or driving at safe speeds.
The Role of Insurance in Bicycle Accident Wrongful Death Cases
Most wrongful death claims resolve through the at-fault party’s insurance coverage rather than personal assets. Understanding insurance dynamics helps you navigate settlement negotiations and recognize when coverage limits create challenges.
Auto Liability Insurance Coverage
Georgia requires all drivers to carry minimum liability insurance of $25,000 per person and $50,000 per accident under O.C.G.A. § 33-7-11. This coverage pays damages when the insured driver causes injury or death to others through negligent operation of their vehicle.
Many fatal bicycle accidents involve damages far exceeding minimum coverage limits. Drivers with only minimum insurance cannot pay more than their policy limits regardless of the full value of your claim. Your attorney will investigate whether the defendant carries higher coverage limits or additional umbrella policies.
Uninsured and Underinsured Motorist Coverage
If the at-fault driver has no insurance or insufficient coverage, you may recover through your own uninsured motorist or underinsured motorist coverage. These policies pay when uninsured drivers cause accidents or when at-fault drivers carry limits below your damages.
Check the deceased cyclist’s auto insurance policy, and the policies of family members living in the same household. Some policies allow stacking multiple vehicles’ coverage, significantly increasing available compensation when the at-fault driver is uninsured or underinsured.
Insurance Company Tactics to Minimize Payouts
Insurance adjusters work to protect their company’s financial interests by minimizing claim payouts. Common tactics include arguing comparative negligence, claiming the cyclist violated traffic laws, disputing causation between the accident and death, or offering quick lowball settlements before families understand full damages.
Never accept a settlement offer without consulting an attorney. Initial offers typically represent a fraction of true claim value. Insurance companies know grieving families face financial pressure and may accept inadequate amounts out of desperation.
Wrongful Death Claims Involving Multiple Liable Parties
Some bicycle accidents involve liability shared among several defendants. Identifying all responsible parties maximizes available compensation and ensures complete accountability.
Negligent drivers – The motorist who struck the cyclist bears primary liability in most cases. Their actions directly caused the collision and resulting death.
Employers in commercial vehicle accidents – When company vehicles or employees driving for work purposes cause fatal accidents, the employer may face vicarious liability under the doctrine of respondeat superior. Trucking companies, delivery services, and rideshare companies can be held responsible for their drivers’ negligence.
Vehicle manufacturers – Defective brakes, steering systems, or other mechanical failures that contribute to accidents may create product liability claims against manufacturers. If brake failure prevented the driver from stopping in time, the brake manufacturer shares responsibility.
Government entities – Cities, counties, or state transportation departments responsible for road design, maintenance, and traffic control may bear liability when dangerous conditions contribute to fatal accidents. Missing stop signs, obscured sight lines, or potholes that cause cyclists to swerve into traffic can support claims against government defendants.
Bars and restaurants in dram shop cases – Georgia’s dram shop law under O.C.G.A. § 51-1-40 allows claims against alcohol vendors who serve visibly intoxicated patrons who then cause fatal accidents. If the driver was drunk and a bar continued serving them despite obvious intoxication, the establishment shares liability.
Property owners – Private property owners may face premises liability if dangerous conditions on their property contributed to the accident. Overgrown vegetation blocking sight lines, inadequate lighting, or improperly designed parking lot exits can create liability.
Bicycle or equipment manufacturers – Though less common in wrongful death cases where driver negligence is primary, defective bicycle components that fail and cause the cyclist to lose control may support product liability claims against manufacturers.
Choosing the Right Attorney for Your Wrongful Death Claim
The attorney you select significantly impacts your claim’s outcome. Wrongful death cases require specific expertise, resources, and commitment that not all personal injury lawyers possess.
Experience with Wrongful Death and Bicycle Accident Cases
Look for attorneys with proven track records handling wrongful death claims and bicycle accident cases specifically. These cases involve unique legal issues, damage calculations, and emotional complexities that general practice attorneys may not fully understand.
Ask potential attorneys about their recent wrongful death settlements and verdicts. Request references from past clients whose cases involved similar circumstances. Experience with bicycle accident reconstruction and understanding of cycling laws and road-sharing principles strengthens your representation.
Resources to Handle Complex Litigation
Wrongful death cases require significant financial investment in expert witnesses, accident reconstruction, medical analysis, and discovery. Your attorney should have resources to advance these costs without requiring upfront payment from you.
Large insurance companies and corporate defendants employ teams of lawyers and experts to defend claims. Your attorney needs comparable resources to level the playing field and build a compelling case that forces fair settlement or wins at trial.
Communication and Compassion
Beyond legal skills, your attorney should communicate clearly, respond promptly to questions, and treat you with compassion during this difficult time. You should feel comfortable discussing sensitive topics and confident your attorney genuinely cares about your family’s wellbeing, not just the financial outcome.
Schedule consultations with multiple attorneys before deciding. Pay attention to how they explain complex legal concepts, whether they listen to your concerns, and how their staff treats you. Trust your instincts about who will best represent your interests and honor your loved one’s memory.
Tax Implications of Wrongful Death Settlements
Understanding tax consequences helps you plan financially and avoid unexpected liabilities after receiving a wrongful death settlement or verdict.
Most wrongful death compensation is not taxable under federal law. The IRS does not tax damages received for physical injuries or death under 26 U.S.C. § 104. This includes economic damages for lost income and non-economic damages for loss of companionship and the value of life.
Punitive damages are taxable as ordinary income. If your settlement or verdict includes punitive damages, you must report that portion as income on your tax return and pay applicable taxes. Your attorney should clearly separate punitive damages from compensatory damages in settlement agreements to avoid confusion.
Interest earned on settlement funds after you receive them is taxable. If you invest your settlement and earn dividends or interest, those earnings are subject to tax just like any investment income.
Frequently Asked Questions
How long does a wrongful death lawsuit take to resolve?
Most wrongful death cases settle within one to two years from filing, though complex cases involving disputed liability or multiple defendants can take longer. The timeline depends on investigation complexity, court scheduling, and willingness of parties to negotiate. Cases that go to trial typically take two to three years from initial filing to final verdict, while straightforward cases with clear liability and adequate insurance may settle in six to twelve months.
Settlement timing also depends on your willingness to accept offers versus proceeding to trial. Your attorney will advise whether settlement offers represent fair value or whether continuing litigation is likely to produce better results. Patience often leads to higher compensation, but your family’s financial needs and emotional readiness for closure also matter.
Can I sue if my family member was partially at fault for the bicycle accident?
Yes, you can still pursue a wrongful death claim even if your loved one shared some fault for the accident, as long as they were less than 50 percent responsible under Georgia’s comparative negligence rule in O.C.G.A. § 51-12-33. Your recovery will be reduced by the percentage of fault assigned to the deceased cyclist, but you are not completely barred from compensation.
For example, if the cyclist was deemed 30 percent at fault for riding without lights at night while the driver was 70 percent at fault for speeding and failing to maintain proper lookout, your family could still recover 70 percent of total damages. Insurance companies often exaggerate cyclist fault to reduce payouts, so strong legal representation is essential to counter unfair blame tactics.
What if the driver who killed my loved one was uninsured?
If the at-fault driver has no insurance, you may still recover compensation through uninsured motorist coverage on your own auto insurance policy or the deceased cyclist’s policy. Many people do not realize their auto insurance covers them even when riding bicycles, but uninsured motorist provisions typically extend to any accident caused by an uninsured driver.
You can also file a lawsuit directly against the uninsured driver seeking personal assets, though collecting from individuals without insurance often proves difficult if they lack significant personal wealth. Your attorney can investigate whether other parties share liability, such as employers if the driver was working, or whether dram shop claims against bars might provide additional recovery sources.
How is the settlement or verdict distributed among family members?
Georgia law determines distribution based on who files the claim under O.C.G.A. § 51-4-2. If the surviving spouse files, they share recovery equally with any children. If children file without a surviving spouse, they share equally among themselves. If parents file, they typically share equally between them.
The family cannot alter these statutory distributions through private agreements. The law dictates who receives what percentage to prevent disputes and ensure fair treatment of all beneficiaries. If disagreements arise about settlement decisions or distribution, the court may appoint a guardian ad litem to protect interests of minor children or incapacitated beneficiaries.
Do I need to pay my attorney upfront for a wrongful death case?
Most wrongful death attorneys work on contingency fee agreements, meaning they receive payment only if you win your case through settlement or verdict. The fee is a percentage of your recovery, typically 33 to 40 percent depending on case complexity and whether trial is necessary.
Contingency arrangements allow families to pursue justice without upfront costs or financial risk. Your attorney advances all case expenses including expert fees, court costs, and investigation expenses, then recovers these costs from the settlement or verdict. If you lose, you owe nothing for attorney fees, though you may be responsible for certain court costs depending on your fee agreement terms.
Can I reopen a claim if I accepted a settlement but later discovered additional damages?
Once you sign a settlement release, you cannot reopen the claim or seek additional compensation even if you later discover damages you did not know about at the time of settlement. Release agreements are final and binding, which is why you should never settle without fully understanding the value of your claim.
This makes thorough investigation and accurate damage calculation critical before accepting any settlement offer. Your attorney should ensure all medical records are complete, all economic losses are calculated, and sufficient time has passed to understand the full impact of your loss before recommending settlement.
What happens if the at-fault driver is criminally charged?
Criminal prosecution runs separately from your civil wrongful death claim. A criminal conviction for vehicular homicide or DUI can strengthen your civil case by establishing the defendant’s negligence or recklessness, but it is not required for you to win your civil claim.
Civil cases use a lower burden of proof than criminal cases. You must prove negligence by a preponderance of the evidence, meaning more likely than not, while criminal cases require proof beyond a reasonable doubt. You can win your civil claim even if criminal charges are never filed or if the defendant is acquitted in criminal court.
Conclusion
Losing a loved one in a bicycle accident leaves families facing emotional devastation and financial uncertainty. Georgia law provides a path to compensation and accountability through wrongful death claims when negligence causes these tragedies. Understanding who can file, what damages are available, and how the legal process works empowers you to make informed decisions about pursuing justice.
The two-year statute of limitations means time is critical. Consulting with an experienced wrongful death attorney preserves evidence, protects your legal rights, and ensures insurance companies cannot take advantage of your grief to minimize what you deserve. No amount of money replaces your loved one, but fair compensation provides financial security and holds negligent parties accountable for the harm they caused.