A Guide to Bike Accidents and Lawsuits in N.C.
If you’re cycling in Raleigh and struck by a car, filing a bike accident lawsuit may be necessary to receive compensation for your injuries and property damage. Bicycle riding is a healthy, enjoyable hobby, but too often cyclists are injured due to another person’s negligence. Follow along to learn how bike and car accidents happen, what to do when you’ve been struck while cycling, and how to pursue a bike accident lawsuit in the greater Raleigh area.
What To Expect After a Bike Accident
When a vehicle hits you on a bike, you may be left with serious injuries and extensive property damage, while the vehicle and driver remain unharmed. While we hope all drivers will remain on scene to exchange information and take responsibility for the crash, don’t expect them to do so. We’ve seen drivers leave the scene of bike and car accidents, deny the events of the crash, or try to blame the cyclist, complicating your recovery. If this happens to you after a collision, get help from an attorney experienced in bike accident injuries.
Bicycle Accident Statistics for North Carolina
You may feel safe while cycling, but bike and car accidents happen more often than you think. According to Insurance Institute for Highway Safety (IIHS) bike statistics, each year 2% of the nation’s motor vehicle crash deaths are bicyclists. The statistics in North Carolina are even more alarming.
The North Carolina Department of Transportation bicycle crash statistics show the frequency and harm of bicycle and car accidents. Out of the approximately 1,000 crashes reported each year:
- 20 bicyclists die as a result
- 60 cyclists are seriously injured
- Children and young adults are the most frequent victims
Causes of Bike and Car Accidents
Distracted driving isn’t only a trucking industry problem; it’s a leading cause of collisions between cyclists and cars. When a driver is texting and driving or otherwise unaware of their surroundings, they may fail to see a cyclist in their lane until it’s too late.
Traffic violations, including speeding, running a red light, or failing to yield, also contribute to bike and car accidents. In most cases, these crashes stem from negligence, which refers to drivers failing to use reasonable care while behind the wheel.
When an injured bicyclist can prove a driver’s negligence caused their injuries, they may be entitled to compensation by filing a bike accident lawsuit in Raleigh or the city where the crash occurred. Our attorneys can help you investigate the incident and gather evidence to support your claim.
Bike Accident Injuries
A car colliding with a bike can cause the cyclist to suffer head injuries, contusions, and broken bones, while the vehicle occupant is unharmed. Even when they wear protective gear, bicyclists rarely stand a chance against the impact of motor vehicles.
While our law firm can’t protect you while you bike, we can safeguard your legal rights after an accident and hold parties responsible liable. If a driver attempts a hit-and-run bike accident, tries to blame you for the collision, or you’re troubled by insurance claim denials, give Miller Law Group personal injury lawyers a call.
Damages a Bike Accident Lawsuit Can Recover
A bike accident lawsuit is a personal injury claim, offering the victim compensation for physical, financial, and emotional damages. Some of the common types of damages recovered in accidents between a bike and a car include:
- Past medical bills and future treatment expenses
- Lost wages and income from missed work
- Pain and suffering
- Emotional anguish and post-traumatic stress
- Loss of consortium
- Permanent disability or disfigurement
If the driver acted recklessly, the cyclist may be entitled to punitive damages under North Carolina laws. These cases go beyond negligence and can include speeding while driving under the influence or a hit-and-run bike accident. Punitive damages can be awarded at three times compensatory damages, intending to punish the driver and discourage future negative behavior.
Reporting Bicycle Accidents in N.C.
In North Carolina, the rules for reporting bicycle accidents are the same as those for motor vehicle crashes. Reporting is mandatory if there are injuries or fatalities, or if the damage caused by the accident exceeds $1,000. Most collisions are reportable due to the monetary value of specialized cycling equipment and e-bikes, plus injuries are common for bike riders who are struck by vehicles. Even if the law doesn’t strictly require it, reporting the crash be an advantageous move in many situations:
Hit-and-Run Bike Accidents
A hit-and-run in North Carolina is a misdemeanor, punishable by jail time and fines that drivers will go to great lengths to avoid. Immediately alerting the police of a hit-and-run bike accident can provide them with valuable details to help apprehend the person who hit you. Getting the incident on record establishes the scene and the driver’s potential reckless actions during and after the crash, which may be necessary for a claim with punitive damages.
Crashes With Unclear Fault
A police report can help provide a neutral account of situations involving unclear traffic signals or multiple parties. If you need to file a bike accident insurance claim or lawsuit later, this record can help substantiate your experience. The report also provides your legal team with a strong starting point for investigating the situation and finding witnesses.
Latent Bike Accident Injuries
Not all harm from a bike and car accident will be immediately apparent. Reporting a North Carolina bike accident in which injuries may manifest later can be a smart move to get the incident on record. You should also be evaluated by a physician to make sure the accident didn’t cause a concussion, internal bleeding, or other serious harm. The police report and medical records can be invaluable for your claim.
It may not be enough to simply report a bike and car accident, especially if your injuries require treatment and ongoing care. Our experienced attorneys have helped cyclists in Raleigh and across North Carolina hold negligent drivers accountable and recover meaningful compensation. Contact Miller Law Group for a free evaluation today.