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How is Fault Determined In Bicycle vs Car Accident?

In 2014 in North Carolina, 17 bicyclists were killed in auto accidents. More than half were between the ages of 50 and 59, according to the North Carolina Division of Motor Vehicles.

When a bicycle accident occurs, determining who is at fault is important. If the collision is caused by a driver’s negligence or by a driver’s violation of the rules of the road, the driver may be legally liable for losses. North Carolina is a fault state, so motorists who cause collisions can be held responsible for consequences of careless or unsafe driving decisions.

Under North Carolina’s fault laws, a driver who caused a bicycle crash could be liable for both economic and non-financial losses resulting from the bicycle rider’s injuries or resulting from the death of a bicycle rider.  In the vast majority of cases, the compensation for losses is paid by the insurer of the driver who caused the bicycle accident.

To recover compensation, a bicycle crash victim or surviving family members must prove fault by a preponderance of the evidence. This means proving that more likely than not, the vehicle driver was negligent or broke safety rules and caused a bicycle crash to occur.

Proving fault is important because bicycle riders are more likely than people in cars to suffer serious injuries or lose their lives when collisions happen. These bicycle riders and their families deserve compensation from the at-fault driver.

A Charlotte, NC bicycle accident lawyer can help collision victims to prove fault. Contact an injury attorney as soon as possible following a bike crash for help conducting an investigation and pursuing a damage claim.

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