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When a driver causes a bicycle collision, we can investigate what happened, address disputes over fault, identify available insurance coverage, and document the losses tied to your injuries.
Our Bostic bicycle accident lawyers at Farmer & Morris Law, PLLC represent injured cyclists and families throughout North Carolina. We have served more than 10,000 clients and recovered more than $100 million for the people we represent.
If you were hurt while riding, contact our Bostic personal injury lawyers for a free case evaluation.
When a Driver May Be Liable for a Bicycle Accident
Drivers have a responsibility to use reasonable care around cyclists. A claim may arise when a motorist fails to see a bicycle that was already in the roadway, makes a turn across the rider’s path, follows too closely, or passes without leaving enough room.
North Carolina traffic laws generally grant bicyclists the same rights and responsibilities as vehicle operators when they use public roads. That means the circumstances of the collision, including where each person was traveling and who had the right of way, can directly affect a negligence claim.
Conduct that may support a bicycle accident claim includes:
- Failing to yield at an intersection.
- Turning into the path of a cyclist.
- Passing a bicycle unsafely.
- Speeding.
- Following too closely.
- Driving while distracted.
- Running a traffic signal or stop sign.
- Driving while impaired.
- Opening a vehicle door into a cyclist’s path.
Under North Carolina law, a motorist overtaking another vehicle generally must pass at least 2 feet to the left, subject to the statute’s requirements and exceptions. That rule may become relevant when a cyclist is struck during a passing attempt.
Bicycle Accidents Can Cause Significant Injuries
Unlike someone inside a car or truck, a cyclist has little protection from the force of a collision. The initial impact may cause injury, and the rider may then be thrown onto the pavement, another vehicle, or a roadside object.
We handle claims involving injuries such as:
- Traumatic brain injuries.
- Concussions.
- Broken bones.
- Neck and back injuries.
- Spinal cord injuries.
- Shoulder and knee injuries.
- Internal injuries.
- Facial injuries.
- Severe cuts and abrasions.
- Road rash and scarring.
Recovery may involve surgery, physical therapy, follow-up appointments, medication, or restrictions on work and everyday activity. Our bicycle accident attorneys in Bostic consider both your current treatment and the medical care you may reasonably need in the future.
North Carolina’s Contributory Negligence Rule Can Affect Your Recovery
Fault disputes require particular attention in North Carolina because the state follows the contributory negligence doctrine. In an ordinary negligence case, a person whose own negligence contributed to the injury can be barred from recovering damages. North Carolina appellate courts continue to apply that rule.
An insurer may argue that a cyclist failed to yield, entered traffic unsafely, ignored a signal, or otherwise contributed to the collision. Those allegations should be evaluated against the actual evidence rather than accepted at face value.
A lawyer can review the crash report, roadway evidence, witness accounts, and applicable traffic laws before responding to an insurer’s position on fault.
What Compensation Can You Seek After a Bicycle Accident?
The financial effects of a bicycle collision can extend well beyond the ambulance ride or emergency room bill. Some people miss weeks or months of work, require continued rehabilitation, or are left with lasting pain or mobility problems.
Depending on the facts of your case, you may be able to pursue compensation for:
- Emergency treatment and hospitalization.
- Surgery and follow-up medical care.
- Rehabilitation and physical therapy.
- Future medical expenses.
- Lost wages.
- Reduced earning capacity.
- Damage to your bicycle and other personal property.
- Physical pain and suffering.
- Scarring or disfigurement.
- Long-term physical limitations.
Our Bostic bicycle accident attorneys use medical records, employment information, bills, and other documentation to evaluate the losses associated with your injuries.
Who Else Could Be Responsible for a Bicycle Crash?
The negligent driver is often the primary person responsible for a bicycle accident, but some claims involve additional parties. We look at how the vehicle was being used, who owned it, and whether the driver was working at the time.
Possible responsible parties may include:
A Driver
A motorist may be liable when careless driving causes a cyclist’s injuries.
An Employer
If the driver caused the collision while performing work duties, the employer may also be legally responsible in certain circumstances.
A Vehicle Owner or Other Party
Ownership, permission to use the vehicle, and other facts may affect which insurance policies or legal claims are available.
Cases involving government-owned roads or public entities may follow different procedures and deadlines than those for an ordinary claim against a private driver. We assess those issues separately when the facts raise them.
How Long Do You Have to File a Bicycle Accident Claim in North Carolina?
North Carolina generally allows three years to file a lawsuit seeking damages for personal injury. The correct deadline can depend on the type of claim and other circumstances, so you should not assume that every bicycle accident follows the same timeline.
Wrongful death claims follow a different rule. North Carolina generally provides two years from the date of death to bring a wrongful death action.
Waiting can also create problems well before a filing deadline expires. Witnesses can become harder to locate, video may be erased, and evidence from the crash scene may no longer exist.
How Our Bicycle Accident Lawyers in Bostic Handle Your Case
A bicycle injury case should be built around the specific collision, not assumptions about cyclists or drivers. We review how the accident occurred, the evidence available to prove fault, the insurance coverage involved, and the effect your injuries have had on your work and daily life.
Our work may include:
- Investigating the collision.
- Gathering police reports and other records.
- Preserving available evidence.
- Identifying responsible parties.
- Reviewing insurance coverage.
- Collecting medical documentation.
- Calculating lost wages and other financial losses.
- Responding to allegations of contributory negligence.
- Communicating with insurance adjusters.
- Negotiating for a fair settlement.
- Filing a lawsuit when appropriate.
Throughout the process, we explain where your claim stands and what options are available so you can make informed decisions about how to proceed.
Contact a Bostic Bicycle Accident Attorney Today for a FREE Case Review
If a driver injured you while you were riding a bicycle, you may have medical costs, lost income, and other losses that should be considered in an injury claim. Our bicycle accident lawyers in Bostic can review the evidence, explain how North Carolina law applies, and determine what compensation you may be able to pursue.
Farmer & Morris Law, PLLC offers free case evaluations and is available 24/7. Contact us today to discuss your bicycle accident and learn how we can help.
