What if I am riding a bicycle on a public road and a motor vehicle strikes me?
If you are riding a bicycle on a public road in North Carolina and a motor vehicle strikes you, then you may have legal recourse against the driver of the motor vehicle. North Carolina follows the legal doctrine of “comparative negligence” when it comes to bicycle accident cases. Comparative negligence means that each party is responsible for an accident, and each party’s portion of the blame is weighed against the other’s. This means that even if you partially caused the accident, you may still be able to recover damages from the other party. The First Injury Fund of North Carolina provides financial protection for those injured in motor vehicle accidents, including bicycle accidents. The fund will provide payment for medical expenses, wage loss, loss of earning capacity, and in some cases, even death benefits. Generally, you must file a claim with the fund within two years of the accident; however, the fund may accept claims at its discretion. Additionally, if another party was negligent in causing your bicycle accident, you may be eligible to seek damages through a personal injury lawsuit. Depending on the circumstances, you may be able to pursue damages for medical expenses, lost wages, pain and suffering, physical impairment, or even punitive damages. It is important to note that any legal action you decide to take should be done in consultation with an experienced bicycle accident lawyer. A lawyer can help you understand the legal process as it relates to your particular situation. Additionally, an attorney can investigate the facts of the case, determine who was at fault, and protect your rights when seeking compensation.
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