What if the driver who caused my bicycle accident was a government employee?
In North Carolina, if a government employee was at fault for a bicycle accident, the injured cyclist could seek compensation from the state. The North Carolina Tort Claims Act governs the procedures for suing the state or any of its subdivisions. Under the act, the state may be liable if the state or its employees were negligent in a certain action that led to the bicycle accident. It is important to note that the state’s liability can vary depending on the type of employee involved. For instance, the state may be more liable for the actions of its employees in a major department than it would be for the actions of a low-level employee. To potentially receive compensation from the state, injured cyclists must file a written notice of their claim with the North Carolina Department of Administration within six months of the accident. The notice should include details of the accident and related medical bills, evidence of damages, and a written statement outlining why the state is liable for the bicycle accident. The Department of Administration will then either decide on the claim or forward it to the Office of the Attorney General for further review. If a claim is not awarded, cyclists may be able to file a lawsuit against the state or its employees in court. Though the state is protected from some liability, the court could still award compensation if the state or its employees were found to be negligent in the bicycle accident.
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