Many people believe that biking is a safer mode of transportation than, say, driving a vehicle. It makes sense: Bicycles do not travel as fast, they aren’t permitted on highways and, in a pinch, can be maneuvered into tighter spaces. All of that said, bicycle accident do occur, and they occur frequently.
When a person is involved in a bicycle accident, especially an accident with a motor vehicle, they may sustain catastrophic injuries. In some instances, bicycle accidents are so serious that they result in a fatality. Being hurt in a bicycle accident is painful and scary, and we are frequently contacted by bicycle accident victims that want to know what they may be entitled to under the law.
Do I need a lawyer for my bicycle accident? Call us and we can help you figure out if a hiring our firm is the right decision for you following your bicycle accident. Below is some of the information that we will want to discuss with you.
Negligence is one of the elements that must be proven in any personal injury lawsuit. When the other party involved in the accident is cited for a traffic infraction it can be a helpful fact in proving your case. Please note that just because the other driver did not get a ticket, it doesn’t mean that the other driver was not responsible for causing the accident.
In order to have a successful personal injury lawsuit, you must have been injured in some way. This is easy to prove if you received medical care. Whether you had a doctor’s appointment to treat your injury or were hospitalized, your medical records from all of your medical providers will be necessary in proving your injury case.
Maybe it wasn’t you that were injured in the bicycle accident, but it was your child that was involved in an accident. Drivers may be held to a different standard of care if a child was involved. This can be an important fact in proving that the other driver breached their duty of care.
If your bicycle was damaged in the accident, don’t throw it away. Taking pictures of the damaged bicycle and storing it away for potential use as evidence later on can be essential to illustrating how the accident happened or the seriousness of the accident.
At the time of the accident, were you riding with the flow of traffic? If the accident was not during daylight hours, was your bicycle equipped with lamps that were turned on? Were wearing a helmet? If you can prove that you took all of the precautions necessary for a person riding a bicycle, you may have an easier time being successful with your personal injury claim or lawsuit.
Call Auger & Auger for a Free Case Evaluation
If you have been involved in a bicycle accident in Charlotte or the surrounding area, our team of attorneys is ready to represent you in court. Call today to schedule your appointment for a free case evaluation and let us tell you how we can be of assistance. We will review every aspect of your case to help you determine whether or not you have a solid case to bring to court.
When you were a child learning how to ride a bike, your parents undoubtedly gave you all sorts of advice. One of the things they may have told you the first time you went rolling down the road by yourself was to ride facing traffic. It makes sense. When you ride on the wrong side of the road, you can see what’s coming.
Unfortunately, and we must apologize to Mom and Dad for saying this: You were given bad advice. Pedaling on the wrong side of the road is not only more dangerous than riding with traffic but, in most areas, it is against the law. While no police officer is going to give a six-year-old a ticket for riding their bicycle incorrectly, they will certainly hand a citation to an adult doing so — or the parents of a kid doing so.
Urban areas across the country are being more accepting of bike riders. Dedicated bike lanes have been installed in several cities in an attempt to make riding safer. Where there aren’t dedicated bike lanes, riders must share a greater amount of space with traditional vehicles. Here is what you need to know before you set out upon two wheels again.
Bicycles are considered vehicles. In most cities, it is illegal to ride on the sidewalk or on parts of the road dedicated to pedestrian traffic. Bicyclists are legally responsible for following the same laws that dictate how motor vehicles operate on the road. That means staying on the right side, remaining in line with traffic rather than darting in and out of it and obeying traffic signals. If you are riding at night or in the early morning, make sure you understand your city’s laws regarding lights and reflectors on your bike.
Let’s ignore the fact that you can be ticketed for not following the law for a moment. While it is certainly true that you could be facing a judge if you don’t follow the law, it could be the least of your worries. Here are even better reasons to obey the law when you are riding on two wheels.
It has been shown that people involved in injuries while riding against traffic often suffer those that are more severe. Even a helmet cannot fully protect a rider who has been struck by a car or truck. Keep in mind that a bike rider will often sustain more serious injuries that a vehicle driver simply due to the lack of protection a bicycle offers.
A vehicle is less likely to see a bicyclist coming at them from the front. That is because most vehicle drivers expect cyclists to be riding with traffic. You are smaller on a bike and more difficult to see no matter which way you are riding, so improve your chances of being visible by riding with the flow.
Because drivers don’t expect to see a bicycle heading towards them, they will be surprised. That surprise will limit reaction time on the part of the driver, making them less likely to maneuver accordingly.
If you are involved in a bicycle accident in Charlotte, reach out to Auger Law for a free consultation. We will review the details of your accident and advise you of your legal options.
It is not unusual for people to have questions after they have been involved in an accident. This is especially true when that accident is bicycle versus vehicle. Most people have a misconception that if a bike and car are involved in an accident, the driver is always at fault. This is not the case. Here are the most common questions we receive after a bicycle versus vehicle accident.
If you ride a bike in the city, chances are you have had at least one close call with a car door that opens suddenly. If you were unfortunate enough to be hit by the door, you may be wondering if you can sue for damages. The answer is that it depends on the situation. If the door opened into you because the driver failed to notice you, you may have a lawsuit. If you hit the open door because you weren’t paying attention, the chances of winning a lawsuit are minimal.
Whether or not cities are responsible for plowing bike lanes depends on the jurisdiction in which you live. To discover the answer to this question, contact your local city hall or law enforcement agency. Keep in mind that even if a city is required to keep bike lanes clear, choosing to ride in one that is full of slush and ice is exactly that: your choice.
Of course. While a cyclist doesn’t have vehicle insurance, they are still liable for any damage they cause to your vehicle if the accident was their fault. If, on the other hand, the accident was your fault, the damage will be paid for by your insurance company or out of your own pocket.
The best proof that you can have in a car versus bike accident is a police report. Make sure that you get a copy of the responding officer’s report. Whether or not you feel like you are injured, you need to contact the authorities. You don’t know how you will feel tomorrow, a week from now or even a month from now.
If you have been injured in a bicycle accident in Charlotte, we will review the details of your accident at no cost to you and help you decide if you may be entitled to compensation for injury or damage. Call our team today and schedule an appointment for your no-cost case evaluation.
People are commuting to work and school by bike in larger numbers than ever before. There are a variety of reasons that one may choose to take two wheels instead of four. Some choose to bike as part of an adoption of a greener lifestyle, others do it to stay fit. Many people choose to bike as a way to save money. No matter the reason behind your decision to commute to work in this alternative fashion, it is important to do everything you can to keep yourself safe. Here are a few tips to help make sure you get to work or class without injury.
One of the best things you can do to improve your safety is to stay visible. Wear brightly-colored clothing, put lights on your bicycle’s front and back, and consider putting a few strips of reflective tape on your chest and back. Try not to ride in areas where seeing you will be difficult for other drivers.
You may be able to cruise to work on the highway while in your car, but you can’t do the same on your bike. Take time to choose a route that will be safest. Look for one that has wide roads and even terrain. Consider back roads if they are available to avoid heavy amounts of traffic. If you aren’t sure the route you are choosing is safe or time-effective, bike it on the weekend and test it out.
If you can’t keep all of your important things stashed at the office, chances are you will need to carry them with you in the morning and again in the afternoon. If your bike isn’t equipped with a rack, a backpack is the safest option. Make sure the weight is distributed evenly and use both arm straps when you put the pack on.
We all know that we can’t always depend on a week-long forecast to tell us what the weather will be like. Check the weather the night before your commute and again in the morning. If the weather isn’t going to be conducive to your pedaling to work, consider a different form of transportation. Don’t take chances.
If you are injured in a bike accident in Charlotte or the surrounding area, call our office. A member of our team will speak to you at no cost to you or your family and advise you of the options available to you under current local and state law. Call now and let us help you begin the process of seeking compensation for your injuries.
Earlier in the year, Dave Mirra was found dead of what was eventually ruled a suicide. The BMX star left those behind questioning why he would have ever considered killing himself. By all accounts, he was a healthy and happy man. Eventually, his death began to be tentatively linked with CTE, or chronic traumatic encephalopathy. The degenerative brain condition occurs when people are victim of repeated head impacts.
While CTE may not have killed Mirra, it certainly contributed to his suicide. People with CTE are known to have depression, impulse control issues and, eventually, dementia. Professional athletes in sports like hockey and football are believed to be at a high risk of developing CTE. Mirra’s death had medical professionals questioning just how high the risk was for cyclists.
While bicyclists are at high risk for traumatic brain injury due to crashes and falls, it is not believed that they are at a higher than normal risk for CTE when compared to other athletes. It is a misconception that anyone who suffers a traumatic brain injury is prone to developing CTE. The truth of the matter is that it generally takes repeated impacts to the brain before CTE becomes a concern.
Cyclists who are concerned with incurring a concussion can take precautionary measures. This is especially important for freestyle riders and racers, as well as any cyclist who has had a previous concussion. The most proactive thing a cyclist can do is to wear a helmet lined with an MIPS Brain Protection System. These liners can lesson the impact of rotational forces and reduce the danger of sustaining a concussion.
If you are a cyclist who is concerned with concussion and the potential for CTE, it is recommended that you speak with your doctor. A medical professional can assess your unique risk and advise of the precautions that would be most suitable to your situation.
If you have been involved in a bicycle accident in Charlotte, call our office for assistance. A member of our team will review the details of your accident and advise you of the options available to you under state law. Call now or browse our website for more information about our firm.
Charlotte and its surrounding area is a beautiful place for bike riding. Many people choose to continue biking even after they have children, just a bit differently. Once toddlers are old enough, many new parents find themselves with a choice: bike trailer or bike seat?
Most of us have seen bike trailers, even if we don’t know what they are called. These contraptions hook to the back of a bike and look a bit like rolling pup tents. Bike trailers provide stability, but they can make navigating the bike different, especially around turns and in tight spaces.
Some children do not enjoy bike trailers because they feel far away from their parents. This can lead to a feeling of being unsafe. Some children who enjoy taking in the scenery may find it difficult to see out of a bike trailer.
These traditional seats are things that many of us are used to from our own childhoods. They attach over the rear wheel of an adult bicycle, providing the child with a place to sit directly behind the bike operator. These seats allow the child to sit close to their parent, and the seats provide a great view of all that is being ridden past.
There really is no right or wrong answer when deciding between a bike trailer and a bike seat for your child. No matter which you choose, these basic safety tips should be followed:
In the event that you and your child are involved in an automobile vs. bicycle crash in North Carolina, you may be able to file a claim for damages. Call our team today for a free case evaluation. We will review the details of your accident and advise you of the options you have available to you under state law. Call now or browse our website for more information about our firm and how we can assist you and your family.
Every parent has an innate desire to keep their children safe. Unfortunately, accidents do happen and injuries occur. The weather has turned warmer and parents are encouraging their little ones to get outside and enjoy the fresh air. For many children, this enjoyment includes bicycle riding.
Bike riding is a fun and healthy way to exercise, but a bike is not a toy. Technically-speaking, a bicycle is a vehicle and should be treated as such. Keep your kids safe on their bikes by following these tips.
This is especially important whether you are purchasing a new bike or your child is riding the same bike they did last summer. Your child should have about 3 inches of space between them and the bicycle when straddling a mountain bike. There should be an inch or two of space on a road bike. When your child is sitting on the seat, their knee should be slightly bent when the pedal is at its lowest point. The handlebar and seat should be level with one another.
Your little one should be wearing a helmet every time they take off on their bicycle. Always check to make sure that your child’s helmet fits properly at the start of the season. Heads grow, too!
Clothing should be light and bright. White does not make children more visible. Think fluorescent colors when outfitting your child for a day of riding. Another good idea is to put a strip of reflective tape on their chest and back.
Teach your child to ride their bike properly. That means that at least one had is on the handlebars at all times. Books, papers and other belongings should be carried in a backpack, if they are carried at all. Make sure your child knows to keep an eye out for road hazards and understands how to avoid them. Do not let your child ride alone at night.
While some bicycle accidents are the fault of a vehicle driver, many are to blame on the cyclist. When you take the time to teach your child how to ride safely, you are more relaxed letting them go off and explore on two wheels.
Bicycle accidents occur in North Carolina and around the country. If you have been involved in an accident locally, please call our office. A member of our team will review the details of your accident at no cost to you and advise you of your options.
You’ve heard of the Adkins Diet. Maybe you’ve even heard of the Mediterranean Diet. But have you heard of the road diet? If not, you aren’t alone. Road diets are a fairly new concept, but the idea is simple: Narrow streets in such a way that it wouldn’t cause vehicle congestion, and make more room for bike paths.
The concept is almost exclusive to the United States. In countries like Great Britain, there is no need to narrow the already thin roads. Here, though, roads seem to widen on a daily basis, making more room for cars and less for those who choose to commute in a more eco-friendly way.
The idea of road diets has been gaining momentum over the last 10 years. Urban planners have been studying city streets and looking for ways to improve traffic flow and cut down on accidents at the same time. Widening roads doesn’t seem to be the solution that planners were hoping for. Slimming streets is now being considered.
Road diets have been a success in cities like San Francisco. Here, closer to home, the new diet hasn’t been as successful. Way back in 2010, Carolina Beach attempted to make Lake Park Boulevard more narrow. Businesses complained and traffic jams during the holidays were at a peak.
Unfortunately, in many cases, road diets don’t do much more than immediately anger drivers who are simply not willing to drive on skinny streets. Bike riders, however, love the safety that dedicated bike paths and lanes provide. What is the answer? In a car culture, sticking to a road diet could prove to be as difficult as never letting a carb pass through your lips again.
One thing is certain when it comes to road diets: They are a topic of hot contention. While they do work in some cities, they have proven difficult to maintain in others. Whether or not thinner roadways will be a thing of the future remains to be seen.
If you have been involved in a bike accident in North Carolina, call our offices. A member of our team will review the details of your case at no cost to you. Reach out to us today.
You know that your child is required to wear a helmet while riding their bicycle. You may even wear a helmet yourself when you are out on your two wheels. Knowing what you should be doing, and even doing it, does not mean that it is being done correctly. Brush up on your knowledge with the following helmet how-to.
Never go to the store and buy the first helmet that you see. Even if your little one is begging for the purple helmet with sparkles, it may not be the best choice. A helmet should fit snugly on the head without being too large or too small. Always have your child try on several helmets to find the right size.
It is not enough to find a helmet that fits correctly if your child is going to wear it haphazardly. A helmet should be placed on the head so that the front covers the majority of the forehead. The helmet should never be tipped back or forward. Secure all of the straps and adjust them so that the helmet does not twist around on the head.
After a Crash
The typical bike helmet has one good crash in it. If your child falls off of their bicycle and hits their head, be happy that the helmet did its job and throw it away. Every time the helmet strikes the ground, its effectiveness is reduced. After your child crashes, get a new helmet.
It isn’t unusual for children to fight wearing a helmet because it is uncool. Decorating the helmet won’t detract from its protective capabilities. Get out the paints, stickers and glitter, and let your child decorate the helmet in any way they wish. When the helmet has a “cool” factor, your child is more likely to wear it.
If you are unsure what size helmet to buy your child, don’t shop at the neighborhood big box store. Visit a bike store instead. The employees there are trained in helping you find the perfect helmet for your little one. They can even help you fit a helmet to your own head.
Wearing a helmet is not enough. Any helmet on your head should fit properly. Use the tips above to find the perfect head gear for your little one.
If you or your child has been injured in a bicycle accident, call our offices. Our attorneys are here to help you get the compensation you may deserve. Call for your free initial consultation today.
Have you ever wondered why more people don’t choose to commute to work or school by bicycle? It seems a valid option, particularly when living in a big city. You may think that people are just too lazy to pedal on two wheels instead of driving four, but you may be wrong. Here are the top five reasons people give for sticking with the car.
The number one reason often given is the danger factor. There is undoubtedly a risk associated with cycling, but it is far less than people may think. A group called Exponent conducted a study of cycling safety. The number of fatalities, per million of hours of exposure, was less for cycling than it was for driving.
Some have simply determined that they work or study too far away from home to make cycling a sensible option. This may be true, but successful commuters have determined that taking the bus or train halfway and biking the rest is an easy thing to do.
There is a general train of thought that goes something like this: “If I want to commute, I need an expensive bike.” This is not the case at all. Anyone interested should be able to find a new or used bike for under $500. Visiting a bike shop and speaking to someone knowledgeable can make choosing a budget-friendly bike easier.
No one can deny that riding a bike will make you sweat. Your office or school may not have a shower available for you to use. Have you thought of baby wipes? A couple of wipes and a bathroom stall are all you need to freshen up. You can also look for a gym or fitness club nearby that offers “shower-only” memberships.
This does have a bit of truth to it. Impotence is a risk among serious bike riders who race on bicycles with seats that are not properly fitted. Choose a bike with an ergonomically-designed seat and you will be fine.
Commuting to work by bicycle is not only healthy for the environment, it’s healthy for you. Don’t use these popular excuses to talk yourself out of cycling. There are ways around anything.
If you have been injured in a cycling accident, our attorneys are here for you. We can help you get the compensation entitled to you by law. Call our offices today for a free initial consultation.