Bicycle accidents can result in serious injuries to both cyclists and vehicle occupants. When the driver of a passenger car or truck fails to notice a bicyclist or drives recklessly despite seeing the bicyclist and causes a crash, they can be held accountable. A Gastonia bicycle accident lawyer is a great resource for initiating the process of filing a bicycle accident claim for your injuries.
The attorneys at DAS Law Group, P.A., possess a collective arsenal of legal experience that exceeds a century, with a strong presence in Gastonia and North Carolina. Our seasoned team is well-versed in the local legal landscape and the judicial systems. We are familiar with the judges, NC bicycle accident laws, court procedures, and the insurance companies. Our success rate and positive reputation precede us in every case we represent. If you need trusted legal guidance, our Gastonia Bicycle Accident Lawyer is ready to help protect your rights and pursue fair compensation.
Many bicyclists and motorists of passenger vehicles alike are unaware of who is liable in the event of a bicycle accident in NC. The truth is, both cyclists and drivers have responsibilities when travelling on the roads of NC, and either party could be held accountable for causing an accident. Ultimately, liability for an accident involving a bicycle depends on the circumstances.
A motorist may be held liable for an accident involving a cyclist and/or other vehicle drivers, their passengers, and other pedestrians. If the driver fails to obey traffic signals or violates a traffic law, they could be at fault. For instance, distracted driving, speeding, or running a red light can all be evidence of an at-fault party.
Bicyclists can also be held liable for accidents if they are negligent of traffic laws and their responsibilities as cyclists on the road. They, too, must follow traffic laws, such as riding with the flow of traffic rather than against it, safely maintaining their travel in the proper lane, and properly signaling drivers when turning.
Investigative skills are important in NC because shared fault in accidents prevents injured parties from collecting insurance claims for their injuries. When two or more parties are responsible for an accident, even in bicycle accidents, both the cyclist and the driver can be at fault.
Third-party entities can also sometimes be at fault for bicycle accidents. For instance, city municipalities or road maintenance departments could be liable for causing an accident if the disrepair of the roadway or an otherwise present safety hazard contributed to the accident.
The City of Gastonia’s Street & Traffic Division, located in the Gastonia City Hall building at 181 S. South Street, Gastonia, NC, is charged with resurfacing and repairing curbs, gutters, and sidewalks. If this type of road condition caused your accident, you may be entitled to compensation.
North Carolina bicycle accident laws only require bicyclists under 16 years of age to wear helmets. Bicycle helmets can be one of the most important pieces of equipment a cyclist can wear. In fact, bicycle helmets prevent 60% of head injury fatalities and reduce the risk of head injuries by up to 85%. Helmets further prevent brain injury risks by up to 88%. It may be surprising to learn, then, that only 23% of NC bicyclists wear helmets when biking on roadways throughout the state.
Assuming you’ve already received medical treatment for your bicycle accident injuries, your next call should be to a Gastonia bicycle accident attorney. If you aren’t sure why you need to hire a bicycle accident lawyer, here are some crucial reasons:
DAS Law Group, P.A., has represented numerous personal injury cases, including those involving bicycle accidents. In many of these cases, our skilled legal team successfully achieved a favorable outcome for our clients and secured a substantial settlement in their favor. If there is a valid claim, we can obtain it and maximize it. Our skills are unmatched in Gastonia, and our client reviews verify this. We are aggressive and determined in ensuring our clients receive fair compensation.
Bicycle accident claim amounts vary greatly, making it nearly impossible to suggest an average amount. Factors such as the severity and extent of the injuries, medical expenses, lost wages, and legal costs can impact the awarded settlement in a bicycle accident case. The quality of your legal representation and the insurance provider’s willingness to negotiate can also influence the settlement.
The liable party in a bicycle accident is determined by the cause of the accident. Even if a car hits a bicycle, fault could be pinned on the cyclist if they weren’t obeying traffic laws or rode out in front of the car without care. If the motorists, however, failed to maintain the legal speed limit or were texting while driving, they could be the at-fault party. In some instances, both can share fault for the crash.
NC statutes limit the time an individual can make a claim for a personal injury from a bicycle accident. NC General Statute § 1‑52 defines bicycle accident personal injury claims as having a three-year statute of limitations. It is recommended that you contact an attorney as soon as possible to preserve evidence and avoid making any mistakes early on.
Yes, auto insurance should cover, at a minimum, the other party’s expenses if you are at fault. Contact your insurance provider immediately following your accident to inquire about what is covered in your situation. When in doubt or as a rule of thumb, consult with a personal injury attorney who can help you look for all available sources of insurance. In some cases, a homeowner’s insurance policy may cover accidents like these.
DAS Law Group, P.A., is confident we can assist you in your case. Contact our office to learn more about our legal services.
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