Bicycle riders in North Carolina have strong and enforceable legal rights. Our traffic laws contain many statutes that impose legal duties on bicycle riders. However, the thrust of these laws is to guarantee that bicycle riders have the right to share our roadways. Unfortunately, impatient drivers often disregard bicyclists and the resulting collisions between cars/trucks and bicycles often cause catastrophic personal injury.
Raleigh bicycle accident attorney Carl Nagle is ready to protect the rights of victims throughout North Carolina, including in Asheville, Winston-Salem, and Wilmington. As a former claims adjuster, he handled bicycle accidents from the other side. He knows exactly how your claims adjuster will seek to blame you for the accident, or to minimize your injury payments. As a former insurance defense lawyer, he can anticipate and avoid the potential legal defenses set forth by companies that unfairly try to avoid paying bicycle accident claims. Our firm only handles North Carolina roadway accident cases and we have successfully recovered over $290,000,000.00 for injured individuals.Pursuing a Legal Claim after a Bicycle Accident
Bicycle accidents can result in devastating injuries and lasting psychological harm. At Nagle & Associates, we are familiar with the North Carolina Vehicle Code and local traffic laws. Pursuing a legal claim for compensation following a bicycle accident often requires proving the negligence of the driver who struck you. Our team is available to start working today on a contingency fee basis. You pay nothing unless or until we settle your case on terms that you agree to, yet we can begin today investigating the collision scene and securing evidence to prove your innocence and to establish the legal liability of all outside parties who caused your accident.
To succeed in a claim against a negligent motorist, a victim must show that the motorist breached a duty of care owed to him or her. This usually means that the plaintiff would need to prove that the defendant failed to act as a reasonable person would have acted under similar circumstances. Negligence requires proof of four elements: duty, breach, causation, and damages.
Drivers owe everyone on the road a duty to act reasonably, which includes abiding by traffic rules and all posted road safety signs. A breach of a duty of care takes place when a driver acts unreasonably, such as when a driver fails to check a blind spot before changing lanes or makes a right turn directly in front of a bicyclist. Drivers who fail to stop at stop signs or pull out from driveways without looking also pose a risk to others on the road. If this behavior directly caused injuries to a bicyclist, the motorist may be deemed negligent.
In bicycle accident cases, the North Carolina pure contributory negligence law can bar all claims for injury compensation. Insurance companies know that if they can show just slight fault/blame on the part of the bicycle rider (even if the bicyclist was just 1% at fault), then the bicycle rider cannot collect for property loss of for personal injury damages. Insurance companies always seek to deny claims, especially cases involving serious injuries and large financial losses. Following a bicycle accident, you must act immediately to secure evidence to prove that you were riding safely, that you were following the rules of the road, and that the other driver was solely responsible for your bicycle accident.
As the final element of a negligence claim, the injured bicyclist must provide evidence of damages. These may include both economic and noneconomic harm. Medical and hospital bills, physical therapy costs, and missed wages from work usually can be recovered. Short term or long term disability may be available. Additionally, bicyclists are entitled to recover damages for pain and suffering, as well as other forms of emotional harm associated with the accident, including any loss of quality of life.
Serious accidents may result in lifelong medical costs. Our attorneys often rely on the use of accident reconstruction experts to demonstrate a culpable party’s responsibility for the victim’s injuries. Specialized medical experts can help support our clients’ claims, ensuring that their compensation accounts for the full extent of their present and future needs.Contact an Experienced North Carolina Bicycle Accident Attorney
At Nagle & Associates, we have extensive experience evaluating the circumstances of serious motor vehicle and bicycle accidents. Injured individuals in many areas of North Carolina have benefited from our firm’s high degree of focus and commitment. We charge a legal fee of only 25% of any settlement or 33% of a trial verdict, rather than the 33% in settlement and 40+% in litigation that most firms charge. Bicycle accident lawyer Carl Nagle has handled cases for victims of bicycle accidents all over North Carolina including towns very popular with bicycle enthusiasts including Asheville, Raleigh, Chapel Hill, Charlotte, Wilmington, Winston-Salem, Greensboro, Hickory, and other communities throughout Guilford, Durham, Wake, Mecklenburg, New Hanover, Brunswick, Catawba, and Cumberland Counties. We can be reached by calling (800) 411-1583 or using our online form to set up a free consultation with a car crash attorney.