Bike Accident Injury Attorneys in Kinston, NC

Who is Liable in North Carolina Bike Accident Cases?

If you're in a bike accident and find yourself recovering in the largest hospital in Kinston, you're probably wondering who was liable for your injuries. The party deemed negligent or careless in a bicycle accident generally bears responsibility for damages. Usually, this falls on the motorist, as they are expected to uphold a greater standard of care.

However, there are instances where both the driver and the cyclist may share some responsibility. In such situations, it is crucial for a qualified bicycle accident attorney in Raleigh to examine the specifics of your incident. North Carolina operates under a "contributory negligence" framework. This is a stringent and often unjust rule, that prevents you from receiving compensation if you are found to bear any portion of the fault for an accident.

What Does North Carolina Law Say About Bike Accident Cases?

According to North Carolina law, if the injured individual is found to be at fault in the accident - even just 1% at fault - they'll be unable to file a claim or receive compensation. Victims of injuries in these situations must exercise caution in all communications with insurance companies. Former claims adjuster Carl Nagle understands that insurance adjusters are incentivized to challenge valid claims, and in every pedestrian or bicycle accident scenario, they prioritize assigning blame to the victim to reject all injury claims.

Proving Negligence in North Carolina Bike Accident Cases

In most bicycle wreck cases in North Carolina, proving negligence is paramount in obtaining appropriate compensation. In order to prove negligence in these cases, you've got to show that the other driver:

• Owed You a Duty of Care
• Violated That Duty Because of An Action or Inaction
• Was Responsible for Causing Your Injuries

Often, you must also show that you experienced damages recognized by law because of the accident. Once proven, you may be entitled to receive payment for your financial and emotional losses.

Insurance Companies Are Not on Your Side

One frustrating truth that all bike accident victims must come to grips with is that insurance companies aren't on their side. They go out of their way to minimize payouts and deny claims - even when you're seriously injured. You might believe that they're in the business of helping hurt bicyclists, but nothing could be further from the truth. When you're hurt in a bike accident, and an adjuster from an insurance agency calls you, be wary. Sometimes, speaking to them can actually hurt your claim. They may ask you questions seemingly simple questions, like:

• Were you treated at the scene of your bike accident?
• Were you hurt in your bike accident?
• What direction were you traveling in during the accident?
• Will you describe what happened in the accident?

The good news is that you don't have to speak to these adjusters without your lawyer, who can provide guidance on how to answer these leading questions.

Hiring a Bike Accident Lawyer Can Help You Recover

Having a determined bike accident attorney in Kinston, NC, on your side ensures that your legal rights are advocated for and safeguarded. The compensation awarded at the end of your injury case can assist you in covering the various expenses related to your accident, including medical expenses and lost wages. If you have suffered injuries due to a negligent driver, you are entitled to financial compensation from the individual responsible for the incident. A monetary settlement can provide support for you and your family during your recovery, helping you to restore your life as quickly as possible.