According to the National Highway Traffic Safety Administration statistics, cyclists and pedestrians account for approximately 19% of all traffic fatalities.

Not only are you likely to suffer serious injuries, but you may also have to deal with complicated legal proceedings.

If you’ve been injured in a bike accident, it’s important to understand your rights and speak with an personal injury lawyer as soon as possible.

In this webpage, we’ll discuss the basics of bicycle accidents and why it’s crucial to have legal representation.

Common Injuries when bicycle accidents happen

Car accidents, as you might understand, may share some common injuries with one another.

Of course, that’s true also for motorcycle accidents. Biking wrecks, especially those involving Car vs Bicycle and Truck vs Bicycle and Bus vs Bicycle tend to be especially traumatic.

As an attorney who helps people with bicycle accidents on the Outer Banks and an avid cyclist myself, I’ve seen how badly people can be injured – Danny Glover Jr., OBX Bicycle Accident Lawyer

• Head injuries: Head injuries are one of the most common types of injuries sustained in bicycle accidents. TBI or Traumatic Brain Injuries are particularly problematic and can have life-altering consequences.
• Neck injuries: neck injuries can be very painful and debilitating. If you’ve been in a bicycle accident, it’s important to seek medical attention right away.
• Back injuries: back injuries can range from mild to severe. If you’ve been in a bicycle accident, it’s important to seek medical attention right away.
• Spinal cord injuries: spinal cord injuries can be life-threatening. If you or someone you know has been in a bicycle accident, it’s important to seek medical attention right away.
• Wrist, Hand, and Arm Injuries: wrist, hand, and arm injuries are some of the most common types of injuries sustained in bicycle accidents.
• Road Rash: road rash is a common type of injury sustained in bicycle accidents. It can be very painful and lead to infection if not treated properly.

What To Do If You Are In A Bicycle Accident

If you are involved in a bike crash, there are a few things you should do:

1. Seek medical attention right away. Even if you don’t think you’re injured, it’s important to get checked out by a doctor.

2. Call the police. The police will make a report of the accident, which can be helpful if you decide to file an insurance claim or personal injury lawsuit.

3. Take pictures of the scene of the accident, including any property damage and injuries.

4. Get the contact information of any witnesses to the bike crash.

5. Contact an experienced bicycle accident attorney as soon as possible.

When is the Best Time to Hire a Lawyer?

Is the insurance claims process different?

Bicycle accidents and bicyclist deaths due to the negligence of a motor vehicle driver can be somewhat unique in the fact that they may involve multiple insurance companies.

In some instances, the rider may have their own insurance policy that could cover some of the damages sustained in the accident.

The negligent motor vehicle driver’s insurance company may also be liable for the damages. A fair number of drivers do not understand bicycle riders enjoy many of the same rights as other motorists on the roadway.

Because there may be more than one insurance company involved, it is important to speak with a lawyer who has experience handling claims involving bike accidents.

An experienced lawyer will know how to navigate the complex web of insurance policies and seek to recover full and fair compensation for your injuries – Danny Glover, OBX Accident Lawyer

We offer a free consultation for accidents involving bicycles. Call now to schedule an appointment with OBX Cyclist Lawyer Danny Glover Jr.

What kind of damages can I receive for a bicycle accident?

If you’re involved in a bicycle accident, you may be able to receive damages for your injuries.

That may include compensation for things like medical expenses, lost wages, pain and suffering, and wrongful death claims.

In certain circumstances, punitive damges may be available if the negligent, at fault motorist was drunk driving at the time.

What is the statute of limitations for a bicycle accident?

The statute of limitations is the time period in which you can file a lawsuit and seek compensation when drivers fail to follow the traffic laws.

For a bicycle accident, the statute of limitations is usually three years.

If the accident results in the death of the plaintiff (fatal bike crashes), the statute of limitations may be as short as two years.

Each case is different.

It’s important to speak with an attorney as soon as possible after the bike accident to make sure you do not run afoul of the applicable statute of limitations in NC.

Failure to file suit within the period of time set under the law could result in the complete waiver of your right to recover damages.

Seek legal advice immediately to discuss the unique aspects and fact pattern of your matter.

What is negligence? When is someone legally liable?

To prove someone is liable for your injuries in a bike accident, the Plaintiff bears the Burden of Proof to show that the other person was negligent.

Negligence is defined as the failure to take reasonable care to avoid causing injury or loss. Driver negligence is a leading cause of dangerous collisions, injuries and fatalities in North Carolina.

In order to succeed in a negligence claim, you will need to prove four elements: duty, breach, causation, and damages.

Duty of Care

The first element of negligence is duty. The defendant (the person you are suing) must owe you a duty of care.

This means that they must take reasonable care to avoid a collision, causing you injury. Relative to protecting bicycle riders, it involves making smart decisions and keeping a proper lookout.

For example, all drivers on the road have a duty of care to other motorists, pedestrians, and cyclists in a bike lane.

Breach of Duty

The second element of negligence is the breach or the “breach of duty” owed to others. This means that the defendant must have breached their duty of care to you.

Relative to Bike Accidents, traffic crashes may involve negligence such as:

• Failing to give way when they should have
• Failure to observe road markings, street signs, and bike lanes
• Speeding and Unsafe Lane changes
• Running Red Lights or Stop Signs
• Driving while under the influence of drugs or alcohol
• Not paying attention to the road
• Failing to signal and Failure to Remain in the proper traffic lanes
• Failure to change driving due to dangerous conditions or inclement weather
• Failure to Yield to Oncoming Traffic

Causation – Proximate Cause

The third element of negligence is causation. This means that the breach of duty must have caused your injuries. Lawyers may refer to that as the proximate cause of the wreck or collision.

There would be no negligence claim if you were not injured as a result of the defendant’s breach.

Damages

The fourth and final element of negligence is damages. This means that you must have suffered some type of loss or damage as a result of the defendant’s breach.

This could include:

• Physical injuries
• Pain and Suffering
• Loss of earnings
• Property Damage
• Wrongful Death
• Scarring
• Permanent Disfigurement

If you can prove all four elements of negligence, then you could have a successful claim against the person who injured you and they may be held liable.

It’s important to understand though, there may be certain defenses available to the person who caused the accident.

For example, even if the other driver caused the accident, the fact pattern may support the defense of contributory negligence.

That’s why we think it’s important to speak with an experienced bicycle accident lawyer.

We can help explain your legal options and your rights under the NC accident laws.

What is “Contrib” and What Does It Mean?

In North Carolina, contributory negligence is a legal doctrine that may be used as a defense to avoid liability.

If the jury finds that the plaintiff was even 1% at fault for the accident, then the plaintiff will be completely barred from recovering any damages.

So, if a driver hits you while you are riding your bike and the jury finds that you were not paying attention and failed to see the car coming (even though the driver ran a red light), then you would not be able to recover any damages because you were also negligent.

This is just one example of how contributory negligence can come into play in bicycle accident cases in North Carolina.

The last thing vacationers want to deal with is an accident while on a get-away. Even a minor bump-up can be a hassle if you’re from out-of-town.

Most people know a local lawyer if they need legal help back home.

Calling friends, family, and co-workers for a referral and reference may take a bit of time, but it’s not an insurmountable task.

If you’re not from the OBX community, it can be a time-consuming process finding an accident attorney who is experienced not just with the area of law but where you were hurt. I firmly believe your case deserves a local attorney who understands the local protocols and nuances of the Outer Banks – Danny Glover, Outer Banks Accident Lawyer

What should I do after an accident?

Immediately following an accident, while still “on-scene,” first make sure you and your passengers are safe.

Some of the most serious, life-threatening wrecks take place during secondary collisions when people are still dazed, walking around the accident scene.

That is especially true on high-traffic roadways, highways, and areas with a substantial number of cars, pedestrians, bicycles, etc.

While travel speeds on highways, including those with 18-Wheeler traffic, have the potential for high-impact collisions, a substantial number of serious injuries occur in relatively low-speed areas and downtown areas.

A lot depends on the nature and circumstances of the accident. Pedestrians, bicycles, and motorcycles do not have the protections afforded by cars upon impact. Low speed collisions can and do result in traumatic injuries – Danny Glover

After confirming you are safe, you may wish to check on other vehicles and people involved in the accident.

It’s also a good idea to call 911, even in minor collisions as there may be important information to exchange, paperwork to complete, and at times, traffic tickets and citations to be issued.

OBX Bicycle Accidents

Take pictures of the resting positions of the vehicles involved. Take pictures of license plates, Take pictures of any information that is shared like driver’s licenses, registration, insurance cards, etc., if possible.

If your vehicle or other vehicles involved in the wreck are blocking the roadway, assuming it is safe to do so, move them either off the roadway or as far to the side as the road as is practicable.

There are certain duties under the NC accident laws and the NC Criminal Laws regarding remaining on the scene of the accident, rendering aid, and exchanging of information.

Failure to do so can not only adversely affect your accident claim. It can also result in criminal charges.

What information do I need to give to the police?

Again, how to handle things on an accident scene depends a lot on the nature, circumstances, and location of the wreck.

Generally speaking, medics, police, NC Highway Patrol, and other “first responders,” will want to assess the accident scene.

They will want to prevent additional collisions and injuries.

That includes both the safety of the people involved in the accident as well as other law enforcement officers, EMT personnel, tow-truck drivers, and other passing motorists.

That can involve removing people trapped in vehicles, transporting to the hospital, and in some instances, rendering emergency medical treatment, aiding people on-scene with life-threatening injuries.

Thereafter they may direct moving vehicles, assigning a process and personnel to an investigation.

There may be a division of labor among first responders, where some police officers gather evidence, speak to witnesses, and handle the accident investigation.

Should I hire a lawyer?

Other officers may be involved in crowd-control, directing traffic, and supervising moving vehicles and roadway cleanup.

When appropriate, officers may begin a “drunk driving” investigation, conducting dexterity tests, a breathalyzer, etc., if someone has had too much to drink and possibly caused the wreck.

As such, once official personnel arrives, let them take lead. Let them direct what needs to be done. Listen to their instructions and follow them.

Once the scene is “secured,” officers involved with the accident investigation, including the officer or officers responsible for preparing and filing an official Accident Report, will likely begin by gathering information.

Information gathering can be one of the most important aspects of a case. It’s not just a matter of looking at the cars and deciding what happened – Danny Glover

In addition to taking photographs of the accident scene, police officers (law enforcement) may want your driver’s license, a copy of the vehicle registration, rental agreement paperwork, if any, and your insurance card.

It’s also not unusual to separate the parties (the people involved in the accident) to determine what happened and who is at fault.

No such thing as an “Accident”

Outer Banks Accident Lawyer

If you or a loved one has been hurt in an OBX wreck, we’re here to help.

Danny Glover Jr. is a local, Outer Banks Attorney with substantial courtroom experience helping people with serious personal injury matters, traumatic injury cases, and wrongful death claims.

My law firm is dedicated to compassionate legal representation for clients who have been hurt due to the negligence of others. We’re here to help – Danny Glover, OBX Attorney

Call now to schedule a confidential consultation. Talking to us is entirely free. We do not charge consultation fees.

Everything you tell lawyers in North Carolina, including during the initial consultation, remains subject to the attorney-client privilege.

Lawyers are trusted with sensitive information. As such, we keep and protect such confidences.

You may also email: Danny@DannyGloverLawFirm.com

Proof of Insurance

This applies to both automobile, homeowners, business and umbrella liability insurance coverages, as well as health insurance.

Unfortunately, the fact that neither side to a lawsuit can tell the jury about how much liability or health insurance the other side has often complicates the case and/or confuses the jury.

In North Carolina evidence of insurance is typically not admissible in court – Danny Glover

Many times a jury incorrectly concludes that a plaintiff who is suing for injuries has already received all of the other person’s automobile insurance and is in court simply to try to get the other person’s personal money or assets.

Or, sometimes the jury concludes that the responsible person must have no insurance or the case would have already been settled with the insurance company.

See More: Personal Injury Cases in Eastern NC

This is almost never true, as insurance companies typically will not pay any money for injuries or losses until or unless the entire case has been resolved.

Therefore, if you are ever sitting on the jury of a personal injury case, never assume that the plaintiff has already been paid anything, because most of the time the plaintiff has not been paid anything, and never assume that the responsible person does not have insurance, because most of the time they do.

Juries also often incorrectly conclude that the plaintiff’s health insurance has already paid all of the medical bills.

See More: North Carolina Rules of Evidence

This is also often untrue, as many health insurance companies, as well as Medicare, are considered secondary payors that do not have to pay until the primary insurance company, i.e. the automobile liability insurance company, has paid what it owes.

Further, more and more medical providers, including our local hospital, are refusing to bill health insurance companies for car wreck medical treatment.

This is because the hospital or other medical provider is trying to get paid more from the car wreck settlement than it would be paid by the person’s health insurance, Medicare or Medicaid.

If you are ever sitting on the jury for a personal injury case, you should assume that none of the medical bills have been paid – Danny Glover

These things often result in a person being injured through no fault of their own but being unable to use their own health insurance while at the same time having to deal with an automobile or homeowners insurance company that will not pay a fair settlement.

In fact, is you are going to assume anything, it would be that none of the medical bills have been paid.

Besides, if some of the medical bills have already been paid by health insurance, oftentimes the plaintiff will have to reimburse the health insurance company, especially Medicare, Medicaid and other government benefit sources, from any personal injury settlement or recovery that the plaintiff receives, which is yet another thing that a jury is often not allowed to hear about.

Settlement negotiations:

In most court cases neither side is allowed to mention or present evidence of any previous settlement negotiations or previous settlement offers by either side.

The applies in both criminal and civil lawsuits.

Again, it would be a mistake to assume that one or both sides has not already tried to settle or resolve the case.

Most times, there have already been extensive settlement negotiations, but the two parties to the case, for any number of reasons, have been unable to resolve the case short of a trial.

Danny Glover, Jr.
Glover Law Firm
Danny@DannyGloverLawFirm.com
252-299-5300
Past President, North Carolina Advocates for Justice

If you have begun searching for lawyers on the Internet or doing research on how insurance issues work, chances are you’ve already begun experiencing the complexities of making a claim.

If you are frustrated with the carrier or the process, that’s OK.

We wouldn’t need lawyers if the process was always simple, fair, made common sense, or was something that only took a couple seconds to do – Danny Glover

That brings up an important point: the time associated with presenting a claim, collecting, assembling, and organizing medical records, histories, and explaining the causation of a wreck, normally takes a long time and a fair amount of experience to do so in a format that insurance companies both understand and recognize as valid.

Furthermore, experienced injury attorneys have a good idea of what a fair settlement amount actually is.

A lot of people get so frustrated with the process they just give up. That’s too bad.

And that’s one reason why retaining a lawyer can help. We help explain the process.

We do the hard and sometime tedious work behind making a claim. We take on the burden of demanding a proper settlement with the insurance company or at fault party.

Lawyers take the responsibility on of making certain the law is followed, that the responsible party is held accountable, and that the insurance company pays a fair settlement.

When legally appropriate, that sometimes requires preparing a Complaint and filing suit, and as part of the Discovery process, making demands for documents, filing requests for admissions, and taking depositions of witnesses and parties.

Whether you realize it or not, that is a substantial load and responsibility. We tell clients that the most important thing for them to do is focus on getting healthy.

That is not just lip service. Taking the time to focus on things like physical therapy, scheduling appointments, making arrangements for work and childcare for all the above, can be a tremendous job in and of itself.

We have experience helping people through difficult times. That’s what we do. We help people – Danny Glover

Checklist for Making a Claim:

• Provide Notice of a Claim
  • At Fault Carrier
  • Injured Party’s Carrier
  • Employer, as appropriate
  • Employer’s Insurance Carrier
  • Employer’s Worker’s Compensation Carrier, as appropriate
• Assemble Medical Expenses Documentation
  • IMPORTANT NOTE: LIMIT DISCLOSURE OF CONFIDENTIAL AND OTHERWISE IRRELEVANT MEDICAL HISTORIES
  • Do NOT execute a Medical Authorization and Release
    • Talk to an Attorney first
    • Limit the materials that can be sought and disclosed
    • Protect and Preserve HIPAA rights
  • Making a Claim does not require unlimited access to medical histories, prior medical treatments, or disclosure of medical conditions that are not relevant to making a claim
• Assemble Expense Documentation for Lost Wages
• Assemble Expense Documentation for Personal Property Damages
  • Vehicle Repairs
  • Lost Value
  • Rental
  • Personal Items
    • Tag, Title, Registration Fees – If Vehicle Replacement Becomes Necessary

Is a Recorded Statement Necessary or Required?

The quick answer is USUALLY NOT.

In fact, many insurance adjustors just flat get this wrong. While there are certain legal requirements to properly making a claim, providing a recorded statement to any carrier is rarely one of them.

Making a claim does not require you do everything requested by an adjustor. Putting them on notice should be pretty simple. Talking about the facts of the case is often the first step in an insurance company trying to find a way NOT to pay a claim – Danny Glover

People are sometimes floored to find out that insurance companies are not necessarily looking out for the best interests of the injured party.

Make no mistake, insurance companies make money protecting their bottom line.

If they can convince you to accept a very small amount quickly in exchange for a complete release of your claim, they save money in long run. Contrary to what you may see in commercials, insurance companies are in the business of taking in premiums and limiting paying claims.

It is not always a fair system.

In fact, there are regularly lawsuits filed in North Carolina because insurance companies have proceeded in “bad faith.”

You may be surprised to find out that a good number of “bad faith” claims are filed by the insured against their own carriers.

Even if the person whom caused the wreck wants to settle, sometimes the insurance companies just refuse to settle.

They can require a lawsuit to be filed. . .despite the fact that their own “insured” has admitted to doing something wrong and wants the carrier to settle.

We’re not trying to be negative in stating this. Insurance Companies often feel people are making up claims, hoping to recover damages when they were not hurt.

Disputes arise in filing claims. It can be complicated.

What Does It Cost to Hire a Lawyer?

Well, actually, it doesn’t really “cost” anything, if you think of laying out money.

Lawyers in personal injury cases get paid if a case settles. If there is no recovery from a claim, just like the client, the attorney receives nothing.

That is what it means to be a “contingency” agreement.

Legal fees are contingent upon a successful recovery.

Now there can and often are expenses associated with presenting a claim such as:

• Filing Fees
• Service of Process
• Court Reporter – Recording & Transcriptions
• Medical Records / Copy Charges
• Private Investigator Fees
• Expert Witness Fees

While some of those costs of presenting a claim may be advanced by a law firm, ultimately they are the responsibility of the client.

Those costs are often taken from the “settlement proceeds” upon disbursement of funds.

It can be a bit confusing. Talk to us. We’re more than willing to explain how things work. In fact, we will give you a written contract, where everything is set forth in writing.

We want you to understand how things work and what it costs.

The consultation is free.

We do not charge to talk to you, to review a case, and to see if it makes sense to hire a lawyer.

Transcription of “What Are Benefits of Hiring a Lawyer?” for the Hearing Impaired

One of the big benefits of hiring an attorney is that we take all the pressure and workload off of you for everything claims or case-related. You can focus on getting healthy or helping your loved one to recover from their injuries.

We deal with the insurance company, we get all the medical records, we have them reviewed by medical experts. We negotiate with the insurance company.

Remember the insurance company is trying to low-ball you. They may be the nicest people on the phone but they’re trying to make money of off your claim by saving money on your claim.

An attorney can help you avoid making that mistake.

Danny Glover, Jr.
Glover Law Firm
Danny@DannyGloverLawFirm.com
252-299-5300
Past President, North Carolina Advocates for Justice