Bicycle accidents in North Carolina and South Carolina can happen at any time. When a pedal-cyclist is struck by a vehicle or are hurt by a faulty cycle, major injuries can result. The cycling accident victim will likely need extensive medical treatment, possibly even hospitalization.
Significant debt can be acquired from hospital bills, missed work, and other costs while the victim recovers. Some victims may even die of their injuries, leaving families wondering what to do next.
In these situations, victims and their families should turn to an experienced bicycle accident lawyer. With the representation of an attorney, these individuals can seek compensation from all at-fault parties in order to pay for their medical bills and other losses.
Auger & Auger has represented bike injury victims in North and South Carolina since 1994. We have helped countless clients successfully win their cases and obtain the compensation they need to move on from their accident.
If you or a close family member have been hurt in a bicycle accident, know that you can have an ally to provide legal advice and represent your interests in a personal injury case. You can speak with a cycling accident attorney at Auger & Auger at not charge when you schedule your free, no obligation initial consultation now.
To schedule your free case evaluation, call (855) 969-5671 or contact us online today.
A bicycle accident injury claim seeks to recover all of the financial costs and other losses of the victim.
Depending on the circumstances of a case, this compensation can be obtained through a settlement with an insurer or through a court award following the end of a trial or arbitration. The majority of cases, fortunately, end in a settlement, saving victims and everyone else involved time and money.
Every cycling accident case is unique, but United States tort (injury) law typically provides a remedy for several types of losses, also known as damages:
Working with an experienced bicycle injury lawyer can ensure that you consider all available forms of compensation and seek the maximum amount available under state and federal law.
Handling bicycle accident cases often involves determining who was at fault for the accident and, thereby, liable for the resulting damages.
Most cases involving motor vehicle collisions will attempt to prove fault of a driver through the legal principle of negligence. In simple terms, a negligence case establishes that the defendant had a duty of care that they ignored, directly causing harm and damages to the injury victim, or plaintiff. A breach of duty of care could involve breaking a law, such as speeding. Or, it can indicate a failure to act as a “reasonable person” would, such as a failure to check for bicycles in a driver’s blind spot before turning right.
Your cycling accident attorney will identify all parties involved and evaluate whether their actions could qualify as negligence. At-fault parties can include a residential driver, or it can be a truck-driving employee of a big company. Sometimes, the negligent party was not a driver but instead a bike rental operation that failed to maintain their vehicles in a safe manner.
Some bicycle accident cases involve proving that the bike itself was defective. Manufacturers (and sometimes distributors or retailers) of products are strictly liable for the injuries their devices cause.
Since every bike crash injury case is unique, your attorney will have to determine what parties they should file a claim against, including the possibility of filing multiple claims at once.
With their scenic byways and active communities, the Carolinas are no strangers to bicycle trips. Look out on any boardwalk in Charleston or the Outer Banks, and you’re likely to see plenty of bicycles.
At the same time, you can look in any emergency room in the Carolinas on a given week and see at least one injured cyclist. Data from the North Carolina DOT shows that the state saw 734 pedal-cycle accidents in 2017, leading to 686 reported injuries and 28 deaths.
South Carolina fares no better; a study by the SCDOT revealed that even though the state had just 16 cyclist fatalities in 2016, their accident rate per million population places them in the top ten states by rate of cyclist fatalities.
Clearly, our roads and trails are outright dangerous and sometimes even deadly to those who use bicycles and other pedaled non-motor vehicle.
After your cycling accident, you may begin interacting with representatives from the insurance company of the driver who hit you. Be careful during these interactions because insurers have a motivation to reduce the amount paid out in claims.
One tactic insurers will use to reduce claims payouts is to offer accident victims a low settlement. This settlement may seem generous to the average person, but those experienced with bicycle accident cases will know whether the amount covers all damages, past and future.
Another strategy insurers use it to coax accident victims into giving a recorded statement or making statements that allegedly contradict their claim narrative. An insurer may even request access to medical records in order to dispute whether an injury existed before the accident occurred. In some cases, the insurer will content that the victim was partially responsible for the accident, making them ineligible to pursue compensation under North Carolina’s comparative negligence statute.
All of these possibilities illustrate how insurance companies are not looking out for the best interests of bicycle accident victims.
To protect your legal rights and improve your chances of a successful claim that compensates you for all of your losses, you can seek out the services of bicycle accident attorneys in your area. They will negotiate with insurers on your behalf and advise your legal strategy to give your case the maximum chances of success.
Auger & Auger has personal injury lawyers familiar with cycling accident cases similar to yours ready to represent you in your time of need.
Schedule a free, no obligation consultation with a bicycle accident lawyer now when you call (855) 969-5671 or contact us online.