What if a bicyclist collides with a motor vehicle while trying to avoid a pothole?
If a bicyclist collides with a motor vehicle while trying to avoid a pothole in North Carolina, the bicyclist may have a right to compensation from the driver of the motor vehicle. The state of North Carolina has a “comparative fault” law that states if both parties are at fault in an accident, liability can be divided between them. This means that if the bicyclist is able to show that the driver of the motor vehicle was negligent in some way, even if only partially, he or she may be able to recover compensation from the driver for the damages resulting from the crash. The bicyclist would also need to show that the driver of the motor vehicle was at least partially at fault in order to be able to file a claim for damages. Evidence that the driver was not paying attention or was speeding may be enough to prove the driver’s negligence. The bicyclist would also need to prove that he or she was indeed trying to avoid a pothole before the accident occurred. Witnesses to the accident, the police report, or pictures of the pothole may be used as evidence. The bicyclist may be able to recover compensation for medical expenses, pain and suffering, lost wages, and more. In order to maximize the chances of recovering compensation, it is important to seek the help of an experienced bicycle accident lawyer. An attorney will be able to review the facts of the case, gather evidence, and fight for the bicyclist’s rights in court.
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