Charlotte Bicycle Accident Attorney
Representing Bike Injury Victims Throughout North Carolina & Texas
When a bicyclist is hit by a car or another type of vehicle, the bicyclist is likely to sustain serious, life-altering injuries. Even when wearing proper safety gear—like helmets and sturdy, reflective clothing—a cyclist is simply no match for a large, multi-ton vehicle. Sadly, bike accidents happen frequently in Charlotte and throughout North Carolina. In most cases, they are entirely preventable.
If you were injured in a bicycle accident in the Charlotte area, turn to the team at Payne Law Firm. We aggressively represent injured cyclists in complex personal injury litigation. We understand just how devastating these accidents can be—we know the challenges you are currently facing, as well as those that still lay ahead, and we are here to help you overcome them.
Grounds for Filing a Bike Accident Claim
Like any personal injury claim, bicycle accident cases typically rely on the issue of negligence. In other words, you will need to show that another person/party was negligent and that this led to your injuries and other damages.
In order to bring a bicycle accident claim, you will need to prove all of the following:
- Another person or party, whether that’s the driver of a passenger car or another cyclist, owed you a duty of care. This means that the other party had a duty to take reasonable actions to prevent you from coming to harm.
- Next, you need to prove that the other person or party failed to uphold that duty of care. Typically, this means that the other person was somehow negligent, which is to say they acted carelessly, recklessly, or wrongfully.
- As a result, you were injured and suffered measurable damages. This means you sustained certain economic and non-economic losses, like medical bills, lost income, lost earning capacity, pain and suffering, emotional distress, etc.
For example, motorists are expected to obey the rules of the road and follow all traffic laws to ensure the safety of others. If the driver of a motor vehicle fails to uphold this duty of care, say by texting while driving, they may have acted negligently. If the texting driver hits you while you are riding your bicycle and you are injured in the crash, you have grounds to bring a personal injury claim against the at-fault driver. This claim is typically filed with the driver’s auto insurance provider.
To learn more about your specific case, please contact one of our dedicated bicycle accident attorney in Charlotte today.
When Is a Bicycle Accident Caused by Negligence?
How can you tell if another person, such as a motorist, was negligent? Generally speaking, if someone else caused the accident that left you injured, that person was likely negligent and is therefore legally liable in the eyes of the law.
Some examples of this include:
- Driving while distracted
- Running a red light or stop sign
- Failing to check for cyclists before turning
- Driving a car in a designated bicycle lane
- Following too closely (tailgating)
- Driving while under the influence of alcohol or drugs
- Texting or using a cell phone or hand-held device while driving
- Opening a parked car door into the path of oncoming cyclists
- Engaging in road rage or aggressive driving behaviors
- Passing too closely to cyclists who are lawfully sharing the road
While these are just some of the many ways in which motorists can negligently cause bicycle accidents, it’s important to note that automobile drivers are not the only ones who can cause these types of collisions. Another bicyclist may behave recklessly or carelessly, resulting in a collision. A pedestrian may run across a bicycle lane, leading to a crash. A bicycle accident may even be caused by or aggravated by a defective bicycle, bike part, or piece of safety equipment, such as a bicycle helmet.
At Payne Law Firm, we know how to investigate these types of claims in order to determine exactly what happened and, importantly, who is liable. From there, we are able to build powerful cases aimed at securing all of the compensation our clients are owed.
We Care About Your Success
We have helped numerous injured cyclists get back on their feet after serious accidents. We have seen firsthand just how much of an impact a serious injury can have on every aspect of a person’s life. As seasoned bicycle accident lawyers in Charlotte, our team is not only here to serve as your aggressive legal advocates but also as your guides as you navigate the recovery process.
At Payne Law Firm, your success is our success. We offer contingency fees, meaning you do not owe any out-of-pocket expenses at the start of your case. Instead, we only collect attorney’s fees and expenses if we are successful in securing compensation for you.