With the growing congestion of traffic everywhere, it seems that many people have resorted to using bicycles instead of cars to go wherever they may need to be — and for good reasons.
This well-loved means of transportation is cheaper on the wallet, easier to maintain and friendlier for the environment. However, since bicycles are smaller in size compared to cars, buses and trucks, cycling accidents on the road also tend to happen regularly.
If you have been involved in a crash with another party, it is important to understand how you can protect your right to fair compensation.
How is driver negligence determined in North Carolina?
Under North Carolina law, bicycles are recognized as vehicles. This means that cyclists like yourself have the same rights and responsibilities as other motorists on the road.
To determine liability for your accident, you must prove that the other driver’s action was negligent or reckless. Five common examples of these actions include:
- They failed to yield to cyclists
- They ignored traffic lights
- They were distracted by cell phone use
- They were speeding in a bike zone
- They were drunk driving
However, it is important to remember that North Carolina follows the contributory negligence doctrine. Under this tort rule, if you contributed fault to the crash by 1%, you will be barred from filing a claim for damages.
Are there exceptions?
Since this tort rule makes it almost impossible for victims to receive financial help for their injuries, plaintiffs can use “the last clear chance” doctrine in their defense. Under this doctrine, a judge will determine which party had the final opportunity to avoid the accident that caused the harm.
A helping hand in times of difficulty
Going through your case while you’re still trying to recover from your injuries can feel challenging. By seeking the guidance of a personal injury lawyer, they can help safeguard your rights, determine fault in the accident and build a defense for your specific situation.
