What if a driver fails to yield to a cyclist in a bicycle accident?
If a driver fails to yield to a cyclist in a bicycle accident in North Carolina, the cyclist may be able to pursue a legal claim against the driver. Generally, cyclists in North Carolina have the same rights as drivers of motor vehicles and, as a result, drivers must yield to cyclists just as they must yield to other motor vehicles. As such, if a driver fails to yield to a cyclist, they may be held legally responsible for any resulting damages. Additionally, North Carolina follows the doctrine of contributory negligence, which means that if a driver is found to have contributed to the accident’s cause, the driver may be held responsible for all the damages caused. This is true even if the cyclist was found to be partially at fault for the accident. Some common ways drivers may be found to have contributed to an accident include failing to obey traffic laws, such as not yielding to cyclists when legally required, speeding, or texting while driving. Therefore, if a driver fails to yield to a cyclist in a bicycle accident in North Carolina, the cyclist has the right to pursue a legal claim against the driver. The cyclist’s claim may be successful if the driver is found to have breached their duty of care, such as by failing to yield to the cyclist when legally required. Additionally, even if the cyclist is found to be partially at fault, the driver may still be held responsible for all the resulting damages if the driver is found to have contributed to the accident.
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