Filing a Personal Injury Claim After a Bicycle Accident in North Carolina

What to Do Immediately After My Bicycle Accident in North Carolina?

After a wreck, your health is your number one priority. If you can, move to a safe location. Then, immediately, call 911. You must realize that a formal police report creates an official record of the incident, which can be a key piece of evidence later if you must file a personal injury lawsuit.

Even if you think your injuries are minor, you must get a medical check-up, as adrenaline can mask pain, and even some dire injuries, like internal bleeding or concussions, which might not be obvious right away.

While you are waiting for help, and if you are able, gather as much information as you can. Get the driver’s name, contact information, insurance details, license plate number, etc. Always attempt to take photos of the accident scene, including your bike, the vehicle, and any visible injuries. Take extensive pictures of the road conditions, traffic signs, and other details that might show what happened. If you cannot do this yourself, see if you can get assistance, as these vital steps lay a sound legal foundation for your case.

How Do I Begin to File a Personal Injury Claim After a Bicycle Accident in North Carolina?

The outcome is rarely fair when a bicycle and a car collide on a road. Most experienced personal injury lawyers see this firsthand in their communities, such as Carthage and Asheboro. Bicycling is more than a hobby for many folks; it is a way to get around, stay fit, and enjoy the beautiful scenery of the North Carolina countryside. But when a driver’s carelessness causes a wreck, a person on a bike is often left with serious injuries and a great deal of uncertainty.

The personal injury lawyers at Rowland & Yauger, Attorneys & Counselors at Law, all come from this area, just like you. They believe in helping their neighbors when they need it most. Especially when going through the detailed and intricate process of filing a personal injury claim after a bicycle accident, it can be overwhelming. After your injuries and receiving proper medical care, many legal issues arise, and a legal professional must address them all. So the best path to follow is to get the empathetic and knowledgeable legal help you need to start down this path successfully.

Why Must I Understand North Carolina’s Contributory Negligence Law?

North Carolina’s law differs from most other states in this area. The state operates under a stringent rule called “contributory negligence.” This means that if you are found to be even one percent at fault for the accident, you cannot recover any damages from the other driver.

For example, if a car swerves and hits you, but you were riding with a defective headlight at dusk, a court might find you were slightly at fault. Even this small error on your part could prevent you from getting any compensation. This is why the details you gather at the scene and the police report are critical to your case. It is also why having a personal injury lawyer who knows the ins and outs of all of North Carolina law is crucial for your case.

After My Bicycle Accident, How Can the Statute of Limitations for a Personal Injury Claim Affect My Case?

North Carolina has a time limit for filing a personal injury claim. This is called the “statute of limitations.” For most personal injury cases, including those involving bicycle accidents, you have three years from the accident date to file a lawsuit. These three years are laid out in North Carolina General Statute § 1-52(5).

If you miss this deadline, you lose your right to sue, no matter how strong your case is. There are some exceptions, such as if the injured person is a minor, but generally, the three-year clock starts ticking on the crash day. Therefore, it’s recommended that you contact a personal injury lawyer as soon as possible after the accident to ensure you do not miss this critical deadline.

What are Some Of the Bicycle and Driver Responsibilities in North Carolina?

Under North Carolina law, bicycles are treated as vehicles, and bicyclists have the same rights and responsibilities as motorists on public roads. Therefore, you must obey traffic signals, stop signs, and lane rules. You should be fully aware of the specific laws that apply to you for your safety.

For example, North Carolina law requires all bicycle operators and passengers under 16 to wear helmets on public roadways. It is also essential to use a front white light and a rear red reflector or light when riding at night.

Other car and vehicle drivers also have a duty to operate their vehicles safely. For example, drivers must give at least four feet of clearance when passing a bicycle. Failing to follow this rule can be a sign of negligence. Drivers who are distracted by a cell phone or driving too fast can also cause serious wrecks.

After My Bicycle Accident, What Damages Could I Recover?

If your claim is successful, you can recover damages for various losses.

Just a few of these types of losses can include:

• Your Medical Bills and Treatment Costs: This covers everything from your initial hospital visit to long-term physical therapy and future medical needs.
• Any Lost wages: If your injuries prevent you from working, you can seek to recover the income you lost.
• Pain and suffering: This compensates for possible ongoing physical pain and emotional distress caused by your accident.
• Property damage: The cost to repair or replace your damaged bicycle and gear.

The sole purpose of a sound legal personal injury claim is to make you whole again, or as close to it as possible. So, your lawyer will endeavor to recover all the costs you faced because of the other person’s negligent actions.

Why a Local Law Firm on Your Bicycle Accident Case Matters.

Dealing with any insurance company on your own can be a daunting, frustrating, and arduous task. All insurance companies will try to minimize their payout. Without a complete understanding of North Carolina law, you could easily agree to a settlement that does not totally cover your costs. This is only one of the reasons having a local firm on your side can make all the difference.

Our personal injury lawyers grew up in Moore County and serve clients in Carthage and Asheboro. They know the roads you ride and the people you share them with. More importantly, they know the local courts and your community’s unique challenges. They have spent over 25 years helping hardworking people get back on their feet.

The personal injury lawyers at Rowland & Yauger, Attorneys & Counselors at Law, have served over 60,000 clients throughout their careers and have built a highly experienced, empathetic reputation based on trust and hard work. Their two offices have more than 1100 5-star reviews from people and their families, whom they have helped through tough times.

If you or a loved one has been injured in a bicycle accident, they stand by ready to help. Their experienced law team will listen to your story and fully and clearly explain your options without legal jargon. We want you to feel confident and informed every step of the way.

You can be assured that they will provide their level of excellence to you and your family, no matter what issues you may be facing. Call us today at our Carthage office at (910)-621-2991 or our Asheboro office at (336)-537-5547 to schedule a consultation, and they will work tirelessly to get you the full compensation you need and rightfully deserve.