At Nagle & Associates, we understand the importance of bicycle safety, particularly as it relates to the safety of bicycle riders who are sharing the road with motor vehicles. Raleigh bicycle accident lawyer Carl Nagle has many years of experience negotiating and litigating personal injury claims on behalf of accident victims. Mr. Nagle served as a claims adjuster and insurance defense lawyer before founding Nagle & Associates. His insider understanding of insurance companies strengthens his advocacy for victims, giving his clients a strong advantage in settlement negotiations and at trial. Mr. Nagle can represent injured people throughout North Carolina, including in Winston-Salem, Wilmington, and Asheville.Bringing an Injury Claim after a Serious Bicycle Accident
Establishing fault in a bicycle crash is important because a negligent individual may be held liable for the accident. This means that he or she may be responsible for the other party’s injuries and medical expenses, as well as other damages like lost wages, property damage, and pain and suffering. It is important that an injured cyclist abide by the rules of the road to maximize their recovery and reduce the likelihood of being held at fault for an accident.
To bring a personal injury lawsuit against a negligent driver after a bicycle accident, the victim would need to show that the driver owed a duty of care that was breached, directly resulting in their injuries and damages. All drivers have a duty of care to avoid posing foreseeable risks to others on the road, including bicyclists. A breach of this duty of care occurs when a driver fails to exercise the appropriate level of caution that a reasonable person would use. For example, a driver who opens a parked car door into an oncoming bicyclist may be at fault for breaching the duty of care. Another example is a motorist who fails to slow down to provide enough space for a cyclist on the road. It is the duty of the driver to wait to pass until it is safe. A driver who knocks down a bicyclist is clearly negligent and should be held fully responsible for all injuries suffered by the bicycle rider who had control of their lane and the clear legal right to share the road!
Liability for an accident involving a bicycle and a motor vehicle often rests on which vehicle had the right of way. Generally, a bicycle has the same right to use the road as a car and is required to ride on the far right side of the road. The danger is that by riding close to the right side of the road, many bicyclists are exposed to the risk of accidents, such as being struck by a vehicle turning right or the opening door of a parked car.
Many motorists fail to see approaching cyclists, due to the small size of a bike. To enhance your safety, it is best to keep a proper lookout when approaching an intersection and adjust your riding lane to the left, which makes you more visible to drivers. At an intersection, if no traffic signal is present, the right of way is determined by the vehicle that arrives first. If the bicycle and the car arrived at the same time, the vehicle to the right has the right of way.
In a common scenario, a motorist may turn left in front of a bicycle at an intersection. As the motorist and bicyclist approach the intersection from opposite directions, the turning motorist collides with the cyclist. Often, the driver did not see the bicyclist or miscalculated the bike’s speed. When this happens, the motorist likely can be held liable for the bicyclist’s injuries.
In some cases, a car and a bike are both waiting at a traffic light, and the car turns and cuts the cyclist off. Sometimes cars pass through the path of a bicycle when it slows to turn. A motorist is also likely liable for this type of accident, since a vehicle is not permitted to turn unless it is safe to do so.Contact a Raleigh Attorney Skilled in Bicycle Accident Cases
If you have been knocked down on your bike by a careless motorist, you should contact dedicated Raleigh bicycle accident lawyer Carl Nagle. Unlike many other personal injury attorneys, he charges a fee of just 25% of your bicycle injury settlement, leaving his clients with more money for themselves and their family. With offices throughout the state, Nagle & Associates has represented bicycle accident victims in Asheville, Wilmington, Winston-Salem, Hickory, Greensboro, and other communities throughout Mecklenburg, Wake, Forsyth, Brunswick, Durham, New Hanover, Guilford, Cumberland, and Catawba Counties. Call us at (800) 411-1583 or complete our online form to set up a free consultation with a car crash attorney.