Rocky Mount Bicycle Accident Lawyer
Bicycle accidents tend to incur some of the more severe injuries. Due to the lack of protection owed to cyclists, victims could suffer long-term injuries such as paralysis, broken bones, and traumatic head injuries.
If you were in a bicycle accident, you might benefit from the care and consideration of a seasoned injury attorney. A Rocky Mount bicycle accident lawyer could provide you with the guidance necessary for pursuing compensation. Schedule a consultation today to learn more about your eligibility for damages.
Tort Law & Negligence in Bicycle Accident Injury Claims
A tort is typically defined as a civil wrong that infringes upon the rights of another that could lead to legal liability. Torts could be committed intentionally or unintentionally. In the context of bicycle accident tort cases, it is normally the latter.
Unintentional torts, also referred to as negligence, require one party to cause harm to another accidentally. Four elements must be present in order to hold someone liable for negligence. First, the defendant must owe a duty of care to the plaintiff. For example, motorists are required to drive with reasonable care and prevent unreasonable risk of harm to other drivers, bicyclists, and pedestrians.
Second, the defendant breached their duty of care. If a motorist is speeding over the speed limit and causes a bicycle accident, they would be in breach of their duty of care. Third, the defendant must have been the proximate and actual cause of the plaintiff’s injuries. If the defendant was negligent and nearly hit the plaintiff, but the plaintiff suffered their injuries three hours later from an unrelated incident, the defendant would not be held liable for the plaintiff’s injuries. Fourth, the plaintiff must have suffered actual damages that they may be compensated for in court.
Contributory Fault Implications for Bicycle Accidents in Rocky Mount
North Carolina is one of a handful of states that still follows the pure contributory fault rule under North Carolina General Statutes §1-139. The pure contributory fault rule states that if a plaintiff is found even one percent at fault for causing the accident, they are completely barred from recovering damages. If a contributory fault defense is raised by the defendant, a Rocky Mount bicycle accident lawyer would have to assert evidence proving that the defendant was 100% at fault and liable for the cause of the accident.
Reach Out to a Rocky Mount Bicycle Accident Attorney Today
Bicycling could turn from an innocent exercise activity to one of the most harmful experiences of someone’s life in a flash. Few are prepared for the physical and mental obstacles that come with suffering a bicycle accident injury, and even fewer are prepared for the legal battles that lie ahead.
Going after your own legal recovery could leave you vulnerable to mistakes that might be avoided with experienced legal counsel. A Rocky Mount bicycle accident lawyer could stand by your side, asserting your right to relief throughout each step of the process. Start your journey to legal recovery, contact us today.