If you or a loved one have been involved in a bicycle accident in Charlotte or the surrounding areas, you need an experienced Charlotte bicycle accident lawyer on your side. At Shane Smith Law, we focus on helping victims of bicycle accidents get the compensation they deserve for their injuries and damages.
Our Charlotte personal injury lawyer is dedicated to providing the highest level of legal representation for those injured in bicycle accidents. We have a deep understanding of the laws and regulations governing bicycle accidents in these areas, and we know how to build a strong case on your behalf. In pain? Call Shane!
Common Causes of Bicycle Accidents
A bicycle accident refers to an incident involving a collision or some form of unexpected event that results in harm or damage to a cyclist and/or their bicycle.
Bicycle accidents can occur for various reasons and involve different factors, including the cyclist’s actions, the actions of other road users (such as motorists or pedestrians), road conditions, weather, and more, which is why you should speak with a Charlotte pedestrian accident lawyer.
Here are some common causes of bicycle accidents involving vehicles that our Charlotte car accident lawyer at Shane Smith Law has seen:
- Intersection Collisions: Intersections are a hotspot for accidents. Cyclists and motorists may misjudge each other’s intentions or fail to yield the right of way, leading to collisions when turning, crossing, or merging.
- Right Hook: A right hook occurs when a vehicle turns right across the path of a cyclist, going straight. This can happen if the driver doesn’t notice the cyclist or misjudges their speed.
- Left Cross: A left cross involves a vehicle turning left in front of an oncoming cyclist. This often happens when a driver underestimates the cyclist’s speed or fails to notice them.
- Dooring: Dooring occurs when a parked vehicle’s occupant opens the door into the path of an oncoming cyclist. This can lead to a serious collision or force the cyclist into traffic.
- Overtaking Accidents: When a vehicle passes a cyclist too closely without providing enough space, it can result in a sideswipe collision or force the cyclist off the road.
- Rear-End Collisions: A vehicle rear-ending a cyclist can occur if the motorist isn’t paying attention or misjudges the cyclist’s speed. This can lead to severe injuries for the cyclist.
- Intersection Right–of–Way Violations: Some accidents occur when either the cyclist or the driver doesn’t obey traffic signals or signs, leading to a collision at an intersection.
- Unsafe Lane Changes: If a vehicle suddenly changes lanes without checking for cyclists, it can lead to a collision or force the cyclist off the road.
- Distracted Driving: Drivers distracted by phones, navigation systems, or other distractions might not notice cyclists in their vicinity, increasing the risk of collisions.
- Impaired Driving: Drivers under the influence of alcohol, drugs, or medications might have impaired judgment and reaction times, making it harder for them to avoid colliding with cyclists.
- Speeding: Speeding vehicles have reduced reaction times, which can be especially dangerous when encountering cyclists who might suddenly appear in their path.
- Lack of Awareness: Some drivers simply don’t anticipate encountering cyclists on the road or underestimate their vulnerability, leading to accidents.
- Weather Conditions: Rain, fog, or other adverse weather conditions can reduce visibility for both cyclists and drivers, increasing the likelihood of accidents.
- Poor Road Conditions: Potholes, debris, and uneven road surfaces can cause cyclists to lose control and collide with vehicles or other obstacles.
- Driver Aggression: Road rage or aggressive driving behaviors toward cyclists can escalate situations and lead to accidents.
- Inadequate Infrastructure: A lack of dedicated bike lanes or poorly designed intersections can create unsafe conditions for both cyclists and motorists.
The challenge for accident victims is that they must prove that these losses occurred and demonstrate how impactful those losses have been to them.
That is not always simplistic, especially if there is evidence that shows that you may be partially at fault. A bicycle accident attorney in Charlotte from our firm will work to build a strong case to minimize this risk.
For a free legal consultation with a bicycle accident lawyer serving Charlotte, call 980-246-2656
North Carolina Bicycle Laws
According to Bicycle Safety Information from NCSU Transportation, bicyclists in North Carolina are generally considered vehicles and must follow the same traffic laws as motorists. This includes stopping at stop signs and red lights, yielding the right of way when appropriate, and obeying speed limits.
Bicycles are generally required to be operated on the road and not on sidewalks. However, you can ride on the sidewalk in most areas of Charlotte.
Bicycles must be equipped with a white headlight visible from at least 300 feet and a rear red reflector visible from at least 200 feet at night. Additional reflectors and lights can also improve visibility.
Bicyclists must use hand signals to indicate turns or stops, just like motorists. Use your left arm straight out to indicate a left turn, your left arm bent upwards to indicate a right turn, and your left arm bent downwards to indicate a stop. North Carolina doesn’t have a statewide helmet law for adult bicyclists.
Charlotte Bicycle Accident Lawyer Near Me 980-246-2656
Negligence in Bicycle Accidents
Understanding the cause of your bike accident will help to determine who is at fault, including whether more than one party could be at fault for your injuries and losses. It is critical for victims to prove negligence to seek compensation. There are four components to doing that:
- Duty of care: Demonstrate the other party owes you a duty of care.
- Breach of duty of care: Show how the driver or at-fault party breached that duty of care through their actions or inactions
- Causation: Build a clear connection between that breach of care and the cause of the accident you were in.
- Losses: Demonstrate how the accident caused physical and financial losses to you
To prove negligence, we may be able to use evidence from your accident to show that the other driver was speeding or driving in an aggressive manner.
We may be able to show that poor lighting or bad road conditions are the cause of the city being at fault in your case. In other cases, we may be able to demonstrate that the employer of a commercial driver who struck you is responsible.
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Steps to Take After a Bicycle Accident to Build Your Case
Victims of a bicycle accident may need emergency medical care, and that means your first step should be to call 911 and get yourself out of the way of further harm if possible.
, and when possible, follow these steps:
- Follow the instructions of the dispatcher to keep yourself safe while you wait for medical care to arrive. If you are okay, assist others who may be hurt.
- When possible, take photos of every detail you can. That includes the other driver, the vehicle, the bike, the surrounding area, and the current road conditions
- Use your phone’s video recording to document the layout from where you are showing what took place
- Ask any witnesses helping you if they could provide their name and phone number so that you can contact them later if you need to do so
- Get the name and insurance information from the other driver involved in the accident
- Get medical care by going to the hospital right away, and be sure that your doctors complete a full workup after you explain that you were in a bicycle accident
As soon as you are safe to do so, contact a bicycle accident lawyer in Charlotte from our firm to start working on your case. We will help you get all of the evidence you need to hold others accountable. Do not wait to get legal support from a Charlotte wrongful death lawyer.
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Contact Our Charlotte Bicycle Accident Attorney Now
As your Charlotte bicycle accident lawyer, we will work tirelessly to investigate the accident and determine who is at fault. We will gather evidence, speak to witnesses, and negotiate with insurance companies to ensure that you receive the maximum compensation possible for your injuries.
The team at Shane Smith Law brings experience and dedication to your fight.
Call or text 980-246-2656 or complete a Free Case Evaluation form