Pedestrian & Bicycle Accidents
Pedestrian and bicycle accidents can cause serious injury and even death. You and your family will likely need every dollar that you can get in financial compensation to pay for medical bills and lost income. However, insurance companies intentionally do not make pedestrian or bicycle accident claims easy, and you will need to fight to get the settlement or resolution you deserve. The pedestrian and bicycle accident attorneys at the Howard Stallings Law Firm fight for the rights of injured accident victims as they pursue the money they deserve from the responsible driver and their insurance company.
Why Serious Pedestrian and Bicycle Accidents Are Increasing
The number of serious pedestrian and bicycle accidents has skyrocketed. Recently, pedestrian accidents have reached a 40-year high, and the trend shows no sign of abating. Reasons for the spike in these types of serious accidents include:
- Larger cars: The average vehicle is larger and weighs more, leading to serious injuries.
- More pedestrians: People are being encouraged to walk more often for health and environmental reasons, so there has been an increase in the number of pedestrians.
- Less regard for the law: There has been an overall drop in the level of respect that drivers may have for traffic laws and the mores of society.
- Distracted driving: Drivers now have mobile devices that take their attention away when they are behind the wheel, and they often do not see pedestrians and bicyclists until it is too late.
Pedestrian Laws in North Carolina
North Carolina law gives pedestrians the right of way at a marked crosswalk, and drivers must yield to them. At intersections without traffic signals, pedestrians are given the right of way at unmarked crosswalks that are formed by imaginary lines from the sidewalk to the street.
However, pedestrians must also yield the right-of-way when there is a traffic or crossing signal that directs them to stop. They must also yield the right-of-way to a driver when crossing outside of a marked crosswalk.
Bicycle Laws in North Carolina
North Carolina law gives both rights and obligations to bicyclists. On one hand, bicyclists must observe all traffic laws when they are on the road, such as stopping at lights and stop signs. Only bicyclists below the age of 16 are required to wear a helmet, even though it is a good idea for everyone to do so.
Bicyclists are entitled to their own lane in traffic, and they must drive on the right side of the road. When a motorist attempts to pass a bicyclist, they must allow at least two feet to the left of the bicycle, and shall not again drive to the right side of the highway until safely clear of the bike.
How to Win a Pedestrian and Bicycle Accident Case
The legal standard is the same in both a pedestrian and bicycle accident case. In order to get a settlement check or an award for the compensation you deserve, you must prove that the driver involved in the accident was negligent. The fact that the accident happened itself is not any proof of negligence. You must have evidence of a wrongful action, such as:
- Failure to stop when you were in a crosswalk or had the right of way
- Not allowing enough space when trying to pass you on your bike
- Opening a car door into the bicycle lane when you were passing by them
- Running a red light or stop sign when you were crossing the street
Our accident and injury lawyers will gather the evidence that you need to prove your pedsetrian or bicycle accident case, and they will present it to an insurance company or jury.
Tricks Insurance Companies Use to Beat You
Insurance companies know that pedestrian and bicycle accident claims can be worth a considerable amount of money. Therefore, they try to do everything in their power to defeat your claim, whether it is by denying it entirely or by paying you less than you deserve.
One of the insurance company’s favorite tactics is to blame the accident victim. In North Carolina, you cannot recover any financial compensation if you were even partially to blame for the accident. Your attorney would need to defend you from any wrongful allegations made against you.
Insurance companies often make lowball offers to catch you unaware of the value of your claim and to run time off the clock. Our accident and injury attorneys can keep the pressure on the insurance company to pay you what they owe in a more timely manner.
Damages in a Pedestrian and Bicycle Accident Case
If you have been injured in a pedestrian or bicycle accident case, your damages can be considerable. You may have large medical expenses, while you are unable to work. At the same time, you are feeling the physical and emotional effects of your accident injuries.
Your damages in a pedestrian or bicycle accident can include:
- Medical expenses
- Lost wages
- Pain and suffering
- Loss of enjoyment of life
- Scarring and disfigurement
- Emotional distress
Before you can even file a claim, you need to know how much your case is worth. The insurance company has this information, and they often make settlement offers for a figure below this number. Our experienced pedestrian and bicycle accident lawyers can help you learn the value of your claim and fight for you to get every dollar. Our pedestrian and bicycle accident lawyers can advise you to reject any offers that do not fairly pay you, while demanding more money on your behalf.
Contact a Raleigh Pedestrian and Bicycle Accident Lawyer Today
If you have been injured in a pedestrian or bicycle accident, the dedicated attorneys at the Howard Stallings Law Firm are the fighters and advocates you need. Here, justice would come in the form of a settlement check or a jury verdict that fully pays for the damages that the driver has caused you. The first step in the legal process is contacting a bicycle and pedestrian accident lawyer to schedule a free initial consultation. You can speak with one of our attentive and aggressive lawyers by calling us today at 919-821-7700 or sending us a message through our website.
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