If you or someone you care for has been injured in a North Carolina Bicycle Accident, The Bishop Law Firm offers free case reviews by phone, or you can start your free case review online now.
Do you need a North Carolina Bicycle Accident Lawyer?
Unfortunately, bicycle riders who are hit by cars tend to suffer some of the most severe and traumatic injuries, resulting in long-lasting repercussions for families.
Broken bones, spinal injuries, traumatic brain injuries, and severe road rash are just a few of the injuries our clients have had to face.
Unfortunately, attaining fair compensation for your injuries is rarely as simple as filing an injury claim with the at-fault party's insurance.
Most insurance adjusters are looking for ways to pay as little as possible on claims, whether by denying fault, questioning injuries, or disputing the need for future medical care.
This is when many accident victims decide to hire The Bishop Law Firm.
How can a Bicycle Accident Lawyer help?
The Bishop Law Firm is not paid unless we win, so there are no upfront costs to the victim.
After an injury, a North Carolina Bicycle Accident Lawyer can investigate the accident to establish fault, gather evidence (witness statements, video, at-fault driver's driving record, to name a few), help you gather all your medical records, bills, and lost wage information, and send a demand package to the insurance adjuster, ensuring that all your present and future financial losses have been accounted for.
If the insurance won't offer fair compensation, litigation may be necessary, and a personal injury attorney at The Bishop Law Firm can file suit and represent your best interests to the court and jury.
What to do after a Bicycle Accident in North Carolina?
Immediately after a crash, if you are able to do so safely (or call someone you care for who can help you):
- Call 911
- Do not argue with the at-fault party
- Take photos of the scene (before moving your bike if you can do so safely), your injuries, and the at-fault party's vehicle.
- Talk to the police and report what happened - be sure to find out where your bike will be stored after the accident.
- If EMS recommends transport to the ER, you should go to the emergency room.
- Tell ambulance and ER personnel exactly what happened if you are able.
- Seek all recommended medical treatment.
- Avoid discussing your case on social media.
- Inform your employer of what has occurred and give them work absence notes from your doctor.
- Do not repair your bike! Also, you need photographs of your bike after the accident (and pre-accident bike photos help as well if you have them). The lighting and reflectors on your bike may get knocked off after an accident, and you need photographic evidence that they were there prior to the accident.
- Take photos of all injuries as they heal and of any medical equipment you have been prescribed (cane, walker, braces...).
- Document your difficulties with daily life and time missed from work.
- Call The Bishop Law Firm for a free case review.
North Carolina Bicycle Laws
In North Carolina, bicycles are defined as “vehicles” and thus, bicyclists are drivers of vehicles.
Bicyclists are entitled to the same protections as any other driver on the road.
However, bicyclists in NC are required by law to also do the following (via NCSU):
- Bicyclists and their passengers under the age of 16 are required to wear helmets on public roads. For those over the age of 16, helmets are encouraged but not required.
- Passengers under 40 pounds must be seated in a separate restrained seat.
- If riding a bicycle after dark (from sunset to sunrise), front and rear lights must be used to illuminate 300 feet (front) and 200 feet (rear).
- Bicyclists in traffic should ride on the right (in the same direction as other traffic); except when passing, avoiding an obstruction, riding on a one way street or preparing for a left turn.
- Despite treating bicyclists as motor vehicle drivers, a bicycle is not considered a vehicle for purposes of impaired driving.
- However, a bicyclist can be charged with reckless operation if they are riding without due caution.
- Bicycle racing on highways (unless approved by state/local authorities) is unlawful.
- Bicyclists must observe all traffic signs and signals (just like car drivers).
- Bicyclists must signal before making a turn (by electrical, mechanical, or arm/hand signaling).
- Bicyclists must yield when traffic signs dictate and when other vehicles have the right of way. They must also yield to pedestrians when they have the right of way.
North Carolina Personal Injury Law
Negligence is a major component of personal injury cases. First, the at-fault party must be negligent, and the victim must not be negligent.
All drivers and bicyclists on the road generally have a duty to operate vehicles safely. Failing to do so and injuring others is negligence.
North Carolina is one of the few remaining contributory negligence states.
This means that if you are injured by someone else's negligence, but your own negligence contributed to the injury, it may be a complete bar to recovery.
Violating any of the above North Carolina Bicycle Accident laws could prevent you from recovering for your injury.
For example, failing to signal before turning or failing to have appropriate lighting on a bike when riding after dark could prevent a bicycle accident victim from recovering after an injury due to contributory negligence.
What can a victim recover under North Carolina Personal Injury Law?
If the bicycle accident was not your fault, you can recover for your medical expenses, missed time from work, and your pain & suffering, as well as punitive damages (under specific facts).
Medical Expenses
Who pays for medical expenses after the accident?
The at-fault party (negligent driver) or their car insurance should pay for your accident-related medical expenses.
Medical expenses include costs for hospital visits, EMS rides, equipment, therapy (physical and mental), prescriptions, diagnostic testing, and specialist visits. In addition, if your medical provider recommends future medical treatment, the value of that treatment should also be included.
Read how to handle Medical Bills After A Car Accident.
Pain and Suffering
Can you receive compensation for emotional pain?
North Carolina pain and suffering settlements cover the physical pain and mental suffering that a victim has to endure due to the injury they have sustained.
If you break your leg, you will experience not only physical pain but also mental and emotional distress. Unfortunately, injuries can leave us with scars that affect our self-esteem.
You could develop depression, vehophobia, anxiety, or post-traumatic stress disorder after your injury. This is what pain and suffering damages attempt to compensate you for.
Learn about Pain & Suffering in NC Personal Injury Cases.
Lost Income
What if your injuries prevent you from returning to work?
A lost wage claim can be asserted against an at-fault driver for losing time from work because of personal injuries. In order to seek recovery for a lost wage claim, an injured accident victim needs documentation from a doctor of the actual days he or she has missed from work due to their injuries.
Lost wage documentation must also be verified by the injured accident victim’s employer. The employer should provide payroll records stating how many days the accident victim missed from work and the injured accident victim’s rate of pay.
What are Lost Wages and Earning Capacity in NC Car Accident Cases?
Punitive Damages
Punitive damages can be awarded by a jury. However, the at-fault party's conduct must be willful and wanton (think drunk driving or speed racing) for a victim to recover punitive damages. Ordinary negligence (for example, failing to keep a proper lookout) is generally not enough to attain punitive damages.
Read Punitive Damages and North Carolina Personal Injury
Facts about Bicycle Accidents
According to the North Carolina Department of Transportation, there were 41 fatal bicycle crashes and 798 non-fatal crashes in 2024.
This equates to almost 70 injured bicyclists a month in North Carolina and over three deaths per month.
According to NHTSA:
- The majority of bicycle fatalities took place at non-intersections and in urban areas
- Collisions with vehicles like SUVs, pickups, and vans resulted in the highest bicyclist fatalities
- Dawn, dusk, and night-time, as well as 6:00 p.m. - 8:59 p.m., are the most dangerous times of the day.
Motorists and bicyclists both have a responsibility to ensure safety on the road.
Bicyclists should ensure their bikes are in good working order and obey traffic laws, just like drivers. Also, bicyclists should assume that the other person does not see them to ensure safety.
Vehicle drivers should yield to bicyclists as they would to other motorists, keep a lookout, and reduce speed commensurate with road conditions (NHTSA).
Unfortunately, failing to share the road and distracted driving contribute to unnecessary injuries to bicyclists.
Free Case Reviews for Bicycle Accident Victims
The Bishop Law Firm represents injury victims throughout North Carolina, and we do not get paid unless we win.
In addition to a personal injury case, a bicyclist may need a Social Security Disability claim due to permanent disability or even a Workers' Compensation claim (if they were injured on their bike while working), or both.
The Bishop Law Firm can help with all three matters for severely injured bicyclists.
We represent bike injury victims and their families in personal injury claims in:
- Raleigh
- Cary
- Fayetteville
- Durham
- Rocky Mount
- Wilson
- Smithfield,
- Louisburg
- Chapel Hill
- Roanoke Rapids
- Greensboro
- Greenville
- Winston-Salem
- and throughout North Carolina
We do not get paid unless we win your case, and we offer free case reviews. Contact us today, (919) 615-3095! We wish you or your loved one a speedy recovery.
Also read North Carolina Personal Injury Lawyer
