Bicycle Accident Lawyer in New Bern

Bicycle accidents can have life-changing consequences. From severe injuries to mounting medical bills, the consequences of a crash can disrupt every aspect of your life. If you’ve been injured in one, a New Bern personal injury lawyer can help you pursue damages.

Since 1974, Whitley Law Firm has been helping injury victims achieve justice. If you’ve been involved in a bike crash, our seasoned bicycle accident lawyers in New Bern can help you obtain the compensation you need.

Can I Sue After a Bike Accident?

Yes, you can sue after a bicycle crash if another party’s negligence caused your injuries. A New Bern bicycle accident lawyer can help determine whether you have a viable case.

How Can a New Bern Bicycle Accident Lawyer Help?

If you’ve been involved in a bike accident, a lawyer can help by:

• Investigating the accident: A lawyer can gather evidence such as police reports, witness statements, and video footage to build a strong case.
• Determining liability: An attorney can identify the party or parties at fault for the incident.
• Negotiating with insurers: A lawyer can ensure you receive a fair settlement by negotiating with insurance companies on your behalf.
• Representing you in court: If the case goes to trial, an attorney can advocate for you in court.

A New Bern bicycle accident attorney can provide invaluable support throughout the legal process.

New Bern Bicycle Accident Lawyer Near Me (800) 785-5000

How Much Does a Bicycle Accident Lawyer in North Carolina Charge?

The bicycle accident lawyers at Whitley Law Firm work on a contingency fee basis. This means you only have to pay if your attorney recovers compensation for you.

Your lawyer’s fee will be a predetermined percentage of your settlement or court award, which you can discuss during your consultation.

What is the Average Settlement for a Bicycle Accident?

Since every case is unique, there is no average settlement for a bicycle crash. Victims with minor injuries may receive payouts of four or five figures, while those with more serious injuries may receive settlements worth upwards of $100,000.

Some factors that will determine the value of your claim include the severity of your injuries, your medical expenses, and lost wages. A bicycle accident attorney in New Bern can make sure you’re compensated fairly.

Types of Damages You Can Recover

Bicycle accident victims in North Carolina can recover various types of damages, including:

• Medical expenses: You can recover costs for emergency care, hospital stays, surgeries, medications, and rehabilitation.
• Lost wages: If your injuries prevent you from working, you can recover compensation for lost income.
• Pain and suffering: You can be repaid for the physical pain, emotional distress, and loss of enjoyment of life caused by the incident.
• Property damage: You can seek compensation for the repair or replacement of your bicycle and other personal items damaged in the crash.
• Punitive damages: In cases of egregious negligence or intentional misconduct, you may receive additional compensation to punish the responsible party.

A New Bern personal injury attorney can help calculate your damages.

How is Injury Compensation Calculated?

Injury compensation is calculated by adding up economic and non-economic damages. Economic damages refer to measurable costs like medical bills and lost wages, while non-economic damages refer to more intangible losses like pain and suffering.

A personal injury lawyer in New Bern can use evidence such as medical records, expert testimony, and financial documents to determine the value of your claim.

How are Accident Settlements Paid Out?

Accident settlements are typically paid as a lump sum or through structured payments over time. A lump-sum payment gives you immediate access to your settlement, while structured settlements provide smaller amounts over an extended period.

A personal injury attorney in New Bern can advise you on the best option for you.

What Insurance Covers Bike Accidents?

Several types of insurance may cover bike accidents, including:

• Auto insurance: If a motorist caused the crash, their liability insurance should cover your damages.
• Homeowner’s or renter’s insurance: This type of insurance may apply if a pedestrian or other non-motorist was at fault.
• Personal injury protection (PIP): If you have PIP coverage through your auto insurance, it can help cover your medical expenses.

How Long Do I Have to File a Bike Accident Claim in North Carolina?

North Carolina’s statute of limitations for personal injury claims is three years from the date of the incident. If you miss this deadline, you may lose your right to file a lawsuit. A North Carolina bike accident lawyer can make sure you file on time.

How Long Does It Take to Settle a Bicycle Accident Claim?

The duration of bicycle accident claims varies from case to case. Simple cases may wrap up within a few months, while complex matters involving significant injuries or disputed liability can take a year or longer.

Factors that affect this timeline include:

• The severity of your injuries
• The duration of your medical treatment
• Whether insurance companies cooperate
• Whether the case goes to trial

A North Carolina bike accident attorney can work to expedite the process while ensuring you receive fair compensation.

Who is at Fault in a Bike Accident?

The fault for a bike crash can lie with one or more parties, including:

• Motorists: Drivers may be at fault if they engage in negligent behavior, such as speeding, failing to yield, running red lights, or driving while distracted.
• Cyclists: A cyclist may share responsibility if they disobey traffic laws, fail to signal, or ride recklessly.
• Pedestrians: A pedestrian who crosses unexpectedly or outside of designated areas can be held liable for a collision.
• Third parties: Government entities can be held responsible for poorly maintained roads or malfunctioning traffic signals. In addition, bicycle manufacturers can be held liable for defective bicycle equipment.

A bike accident lawyer in North Carolina can investigate to establish fault and ensure the appropriate parties are held accountable.

How Do I Prove Negligence?

To secure compensation for a bike crash, you must prove that the other party acted negligently. This requires demonstrating:

• Duty of care: The other party owed you a responsibility to follow the rules of the road.
• Breach of duty: They failed to uphold this duty, such as by speeding or texting while driving.
• Causation: Their actions directly caused the collision.
• Damages: You suffered injuries or other losses due to the crash.

A lawyer in New Bern can help collect evidence like eyewitness testimony and traffic camera footage to prove negligence.

What is Contributory Negligence in North Carolina?

North Carolina follows a strict contributory negligence rule, which bars injury victims from recovering compensation if they are even partially at fault for the incident. For instance, if you fail to signal while turning your bike and are hit by a car, you may be denied damages.

A bike accident attorney in North Carolina can build a strong case to ensure that the liable parties are held responsible for your injuries.

Common Causes of Bicycle Accidents

Bicycle crashes often result from:

• Distracted driving
• Failure to yield to cyclists at intersections or crosswalks
• Dooring incidents, where a driver opens their car door into a cyclist’s path
• Poor road conditions, including potholes, debris, or inadequate signage
• Speeding
• Driving under the influence of drugs or alcohol
• Aggressive driving, such as tailgating or cutting off cyclists
• Lack of visibility due to weather conditions
• Cyclist errors, such as riding against traffic or ignoring signals

Common Bicycle Accident Injuries

Some of the most common injuries suffered in cycling accidents include:

• Head injuries (including concussions and traumatic brain injuries)
• Broken bones and fractures
• Spinal cord injuries
• Lacerations and road rash
• Internal injuries and organ damage

How Long Does It Take to Recover from a Bicycle Accident?

The time it takes for you to recover from a bike crash will depend on the severity of your injuries. Minor scrapes and bruises may heal within a few weeks, while fractures or head injuries could take months or even years.

Throughout your recovery, you may have to deal with lost wages, medical expenses, and emotional distress. A lawyer can pursue compensation for these damages on your behalf.

How to Avoid Bicycle Accidents

While some accidents are unavoidable, these tips can reduce your risk:

• Always wear a helmet.
• Follow traffic laws and signals.
• Use bike lanes when available.
• Wear bright or reflective clothing for visibility.
• Install lights and reflectors on your bike.
• Stay alert and avoid distractions, such as using your phone.

What Happens if You Accidentally Hit a Cyclist?

If you hit a cyclist, the first thing you should do is ensure their safety and, if necessary, call for emergency medical help. Next, report the incident to law enforcement and your insurance company, but avoid admitting fault or making any statements that could be misconstrued.

Liability for the cyclist’s injuries will depend on the circumstances of the collision. If you’re found liable, you may be required to pay for the cyclist’s medical expenses and other damages. An attorney can provide guidance and legal support.

Can I Go to Jail for Hitting a Cyclist?

Whether you’ll go to jail for hitting a cyclist will depend on the circumstances of the incident. If the collision resulted from reckless driving, driving under the influence, or other illegal activities, you could face criminal charges that result in jail time.

In cases of negligence without criminal behavior, jail is unlikely. However, you may still face civil liability for damages. A North Carolina cycling accident lawyer can help you understand the potential consequences of your accident.

What Happens if I Hit a Car with My Bike?

If you hit a car while riding your bike, you should:

1. Check for injuries: Ensure you and others involved in the incident are safe.
2. Exchange information: Share your contact and insurance details with the driver.
3. Document the incident: Take photos of the scene, any damages, and the car’s license plate.
4. Report the accident: Depending on the severity of the damage, you may need to file a police report.
5. Contact an attorney: If disputes arise, a bike crash lawyer can help protect your rights.

What Do I Do if I Get Hit By a Car on My Bike?

If you’re hit while cycling, take these steps:

1. Call 911: Report the accident and, if necessary, request medical assistance.
2. Document the scene: Take photos of the crash, your bike, and your injuries.
3. Collect information: Get the driver’s contact and insurance details. If any witnesses are present, exchange contact information with them.
4. Seek medical attention: Visit a doctor to get evaluated and document your injuries, even if they appear minor.
5. Contact an attorney: A bicycle accident lawyer in New Bern can guide you through the legal process and help you seek compensation.

Speak to a Bicycle Accident Attorney in New Bern

Bike accident cases can be complicated. If you’ve been injured in a bike crash, a New Bern bicycle accident attorney from Whitley Law Firm can handle every aspect of your case so you can focus on your recovery.

Schedule a free consultation to learn about how to seek compensation for your injuries.