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After a bike accident, many injured riders do not get fair treatment from the insurance companies. Recent studies show that settlements for injuries suffered in cars are up to 30% to 40% higher than for the same type of injuries suffered by cyclists. Hire an experienced Daggett Shuler Bicycle Accident Attorney to ensure your fair treatment.
Daggett Shuler’s bike accident team will investigate and, where appropriate, closely analyze any damage that occurred to the bicycle, such as chipped paint, stressed metal, bent wheels, and torn brake pads; examine the remains of a bike wreck and seek to counter a motorist’s typical claims that a cyclist was speeding, squeezed the brakes too hard, or swerved into traffic.
Due to increased bike traffic throughout the United States and North Carolina, many cities have constructed special bike lanes. Parks now have bike-accessible trails, and some vehicle manufacturers are even offering bike racks as standard equipment. However, many motorists do not respect bicyclists’ rights to share the roads, and, more importantly, many cyclists have not been properly educated on how to safely share the roads with automobiles.
If you’ve been injured in a North Carolina bicycle accident, call the dedicated bike accident lawyers at Daggett Shuler today or fill out the form below to set up a free, no-obligation consultation today.
A bicycle accident often results from a motorist’s negligence or inattentiveness while operating their vehicle. The following are some common types of bike accidents:
After a bike accident, the types of compensation you may be entitled to can include:
Coverage for medical bills related to treating injuries sustained in the accident, including hospital stays, surgeries, doctor visits, medication, rehabilitation, and therapy.
Compensation for income lost due to time off work for recovery from injuries sustained in the accident. This can also include loss of future earning capacity if injuries prevent you from returning to your previous job or affect your ability to work in the future.
Non-economic damages intended to compensate for physical pain, emotional distress, and psychological trauma caused by the accident and resulting injuries.
Reimbursement for repairing or replacing your bicycle and any other personal property damaged in the accident.
Compensation for the impact the injuries have on your relationship with your spouse or significant other, including loss of companionship, affection, and support.
In cases where the at-fault party's conduct was particularly reckless or egregious, punitive damages may be awarded to punish the wrongdoer and deter similar behavior in the future.
Depending on the circumstances and the laws in your jurisdiction, you may be entitled to reimbursement of reasonable attorney fees and litigation costs if you pursue a claim or lawsuit and are successful.
The specific types and compensation amount you may be entitled to can vary based on factors such as the severity of your injuries, the circumstances of the accident, insurance coverage, and local laws. Consult with a knowledgeable personal injury attorney who can assess your case, advise you on your rights, and help you pursue fair compensation for your losses.
With the passage of the Bicycle and Bikeway Act of 1974, North Carolina established the first state bicycle program in the nation, which quickly became a national model.
In North Carolina, a bicycle has the same legal status as a vehicle. This means that bicyclists have full rights and responsibilities on the roads, and are subject to the regulations governing the operation of a motor vehicle.
According to the North Carolina Department of Transportation (NCDOT.gov), North Carolina traffic laws require bicyclists to:
The Child Bicycle Safety Act of 2001 also requires the following:
Bicycling on Interstate or fully controlled limited access highways, such as beltlines, is prohibited by policy, unless otherwise specified by action of the Board of Transportation. Currently, the only exception to the policy is the US 17 bridge over the Chowan River between Chowan and Bertie Counties.
In addition, bicyclists should not park bicycles on the main traveled portion of a highway or bridge outside municipal corporate limits.
By taking these steps, you can protect your health and rights and ensure a smoother process for any insurance claims or legal actions arising from the bike accident.
Common causes of bicycle accidents include:
Distracted Driving: Motorists distracted by texting, talking on the phone, adjusting controls, or other activities may not see cyclists on the road.
Dooring: This is when a driver or passenger opens a car door into the path of an oncoming cyclist, causing a collision.
Unsafe Passing: Passing cyclists too closely or quickly without allowing enough space, potentially causing the cyclist to lose control or collide with the vehicle.
Failure to Yield: Failing to yield the right-of-way to cyclists at intersections, crosswalks, or when making turns.
Running Red Lights or Stop Signs: Ignoring traffic signals or signs, leading to collisions with cyclists who have the right-of-way.
Speeding: Excessive speed by motorists reduces reaction times and increases the severity of accidents involving cyclists.
Poor Road Conditions: Potholes, debris, gravel, or uneven pavement can cause cyclists to lose control and crash.
Driver Aggression or Road Rage: Aggressive driving behaviors towards cyclists, such as tailgating, honking, or deliberate intimidation.
Impaired Driving: Drivers under the influence of alcohol, drugs, or medications may have impaired judgment and slower reaction times, increasing the likelihood of accidents involving cyclists.
Weather Conditions: Rain, fog, or icy conditions can reduce visibility and traction, making cycling more hazardous.
Left-Turning Vehicles: Collisions can occur when vehicles turn left in front of oncoming cyclists, often because the driver misjudges the cyclist's speed or fails to see them.
Awareness of these common causes can help cyclists and motorists take preventative measures to reduce the risk of accidents and promote road safety for everyone.
These rights can vary depending on the laws in your jurisdiction and the specific circumstances of your case. Consulting with a qualified personal injury attorney who is well-versed in bicycle accidents can help ensure that your rights are protected and that you receive the compensation you deserve for your injuries and losses. As an injured biker in an accident, you have several legal rights to protect your interests and ensure fair treatment. These rights generally include:
You can seek compensation for injuries and damages caused by the accident. This includes medical expenses, lost wages, pain and suffering, property damage, and other losses, depending on the circumstances.
You can receive medical treatment for your injuries. This includes emergency care, ongoing treatment, rehabilitation, and therapy as healthcare professionals recommend.
You can consult with and hire a bicycle accident lawyer to provide legal advice, evaluate your case, and represent your interests in negotiations with insurance companies or in court.
If negotiations with insurance companies do not lead to a fair settlement, you can file a lawsuit against the at-fault party to seek compensation through the legal system.
Insurance companies must handle claims in good faith and fairly evaluate your claim based on the facts and applicable laws.
Your personal information, medical records, and communications with your attorney are protected by privacy laws. You have the right to confidentiality in these matters.
You can preserve evidence related to the accident, including photographs of the scene, witness statements, medical records, and any other documentation that may support your claim.
Depending on the severity of your injuries, you may be entitled to compensation for future medical expenses, ongoing care, and loss of future earning capacity.
If you disagree with an insurance company's decision regarding your claim, you can appeal their decision or challenge it legally.
Our attorneys have helped clients with legal support through workers’ compensation, Social Security Disability, personal injury, car accident claims, and more. Our clients know that we stand beside them when they are going through a difficult time. Read reviews from real clients, and if you had a positive experience with Daggett Shuler Law, please consider leaving a review.
Contact the attorneys at Daggett Shuler today for a free, no-obligation consultation. You can depend on us.
