Bicycle Accident Attorney in Wilmington, North Carolina

Bicycle accidents often result in serious injuries and emotional distress, especially when cyclists share the road with motor vehicles. Cyclists must understand their rights and seek skilled legal representation following an accident. After all, the aftermath will likely involve interactions with insurance companies, medical providers, and other legal procedures.

At Robert Louis Armstrong, Personal Injury Attorney, I am experienced in helping clients seek compensation and justice for their injuries. Located in Wilmington, North Carolina, I serve clients throughout the state, including New Hanover County, Pender County, Brunswick County, and Onslow County. Reach out today to schedule a consultation.

Understanding Bicycle Accidents

Cyclists are particularly vulnerable due to the lack of protection compared to motor vehicles. Injuries sustained in these accidents can include fractures, head trauma, spinal cord injuries, and other severe personal injuries.

The consequences of these injuries can affect a person's quality of life, leading to long-term medical treatment, rehabilitation, and financial strain.

In North Carolina, cyclists have the same rights and responsibilities as motor vehicle operators. This means that if a cyclist is injured due to another party's negligence, they may have the right to pursue compensation for their injuries. 

Understanding these rights is crucial for anyone involved in a bicycle accident. This knowledge can empower cyclists to take the necessary steps to protect themselves and their interests after an accident.

Common Causes of Bicycle Accidents

Identifying the causes of bicycle accidents can aid in establishing liability. Here are some common factors that contribute to these incidents:

• Distracted driving: Distractions such as texting, phone calls, and other activities can divert a driver's attention from the road, increasing the risk of accidents involving cyclists. When a driver fails to notice a cyclist due to distractions, serious personal injuries can occur.
  

• Impaired driving: Driving under the influence of drugs or alcohol can severely impair judgment and reaction times. Cyclists are at a higher risk when they share the road with impaired drivers. Legal representation can help hold these drivers accountable for their actions.
  

• Road conditions: Poorly maintained roads, lack of signage, and inadequate bike lanes can create hazardous conditions for cyclists. When accidents occur due to road conditions, local government entities may be held responsible for failing to maintain safe roadways. An attorney can investigate these aspects to determine liability.
  

• Reckless driving: Aggressive driving behaviors, such as speeding or weaving between lanes, can put cyclists in harm’s way. When a driver behaves recklessly, they can be held liable for the personal injuries sustained by cyclists.

The Role of Negligence in Bicycle Accidents

Negligence plays a central role in personal injury cases, including bicycle accidents. To establish negligence, it must be demonstrated that the at-fault party failed to act with reasonable care, resulting in harm. This involves showing four key elements:

• Duty of care: All drivers have a legal obligation to operate their vehicles safely and responsibly. This duty extends to cyclists on the road. Drivers must be aware of cyclists and take necessary precautions to make sure of their safety, such as giving them enough space when passing and being mindful of their presence at intersections.
  

• Breach of duty: If a driver engages in behavior that endangers cyclists, such as distracted driving or running a stop sign, they may be considered to have breached their duty of care. In such cases, the driver may be held liable for any harm caused to the cyclist.
  

• Causation: You must prove that the breach of duty directly caused the accident and the resulting injuries. This often requires gathering evidence and witness testimonies to establish a clear link between the driver's actions and the harm caused to the cyclist.
  

• Damages: Finally, you must demonstrate that you suffered damages due to the accident. This can include evidence of medical bills, lost wages, and other related expenses that result from the injuries sustained in the accident. 

What to Do After a Bicycle Accident

Bicycle accidents can lead to significant personal injuries and emotional distress. Going through the legal process following an accident can be overwhelming, but having competent legal representation can make a substantial difference in the outcome. 

In North Carolina, cyclists have rights that deserve protection. Whether through negotiations with insurance companies or representation in court, an attorney can advocate for those affected by bicycle accidents. After a bicycle accident, taking certain steps can be crucial in protecting one's rights. Here’s a recommended course of action:

1. Seek medical attention: The health and safety of everyone involved should always be the top priority. Seeking medical attention promptly can help address any injuries, even those that may not be immediately apparent.
   

2. Document the accident scene: Gathering evidence at the scene can strengthen a personal injury case. Take photos of the accident site, vehicle damage, injuries, and any relevant signage. Collect contact information from witnesses who may provide statements later.
   

3. Report the accident: Notify local law enforcement about the accident. A police report can serve as an essential piece of evidence when pursuing a claim.
   

4. Avoid admission of fault: Emotions can run high after an accident. It's important to avoid admitting fault or making statements that could be construed as liability. These statements can complicate the pursuit of compensation later on.
   

5. Consult with an attorney: Contacting a personal injury attorney as soon as possible can help traverse the subsequent legal process. An attorney can provide guidance on what to do next and outline potential options for seeking compensation.

The Importance of Legal Representation

When facing the aftermath of a bicycle accident, having skilled legal representation can make a significant difference. The challenges that arise in personal injury cases can be overwhelming. An experienced attorney can provide guidance through the legal process and advocate for a fair settlement. Here’s why legal representation is essential:

Dealing With Insurance Claims

After an accident, dealing with insurance companies can be challenging. Insurance adjusters may attempt to minimize the payout or deny a claim altogether. An attorney familiar with personal injury law can handle communications with insurance companies, seeing that the cyclist's rights are protected.

Investigating the Accident

A thorough investigation is often required to establish liability in a bicycle accident. An attorney can gather evidence, interview witnesses, and consult professionals if necessary. This process is critical for building a strong case that supports the victim’s claims and justifies the compensation sought.

Understanding Compensation Options

In North Carolina, victims of bicycle accidents may be entitled to various types of compensation for their personal injuries. This can include medical expenses, lost wages, pain and suffering, and property damage. A knowledgeable attorney can assess the specifics of the case and determine the best course of action for seeking compensation.

Representation in Court

While many personal injury cases are settled out of court, some may require litigation. If a fair settlement can’t be reached, having an attorney experienced in personal injury law prepared to represent the cyclist in court is crucial.

Call My Law Office Today

With decades of experience handling personal injury cases, I’m here to go to the mat for the people of our community. If you need legal support in Wilmington, North Carolina, or throughout all of North Carolina including New Hanover County, Pender County, Brunswick County, and Onslow County, reach out to Robert Louis Armstrong Personal Injury Attorney today.