Raleigh Bicycle and E-Bike Accident Lawyers
If you were injured on a bicycle or e-bike (electric bicycle), you have the right under North Carolina law to receive compensation for your injuries from the at-fault or responsible driver. Our experienced Raleigh bicycle and e-bike accident lawyers can help.
Our compassionate team helps clients with medical care, medical bills, property damage, and dealing with the stress of their physical recovery. We provide support, care, and concern in the aftermath of tragedies.
As former insurance defense attorneys, we know how to fight for every penny you deserve.
Bicycle and E-Bike Lawyers Serving North Carolina
Determining Fault in a Bicycle and E-Bike Accident in Raleigh, NC
Determining fault in a bicycle or e-bike accident can be a complex process because there are many factors that can contribute to an accident, including the actions of other drivers, road conditions, and weather. There are several types of fault (or negligence) that can be considered in a bicycle or e-bike accident case:
DISTRACTED DRIVING:
This includes activities such as texting, eating, or using a navigation system while driving. Distracted driving is a leading cause of bicycle or e-bike accidents in North Carolina and can result in significant fines and penalties for those who are found to be at fault.
IMPAIRMENT:
Driving under the influence of drugs or alcohol can significantly impair a person's ability to operate a vehicle safely. In North Carolina, it is illegal to operate a vehicle with a blood alcohol concentration of 0.08% or higher. If a driver is found to be impaired at the time of an accident, they may be held liable for any damages or injuries that occur.
SPEEDING/UNSAFE DRIVING MANEUVERS:
This includes actions such as speeding, tailgating, or failing to follow traffic laws. Reckless driving can be extremely dangerous and can result in serious accidents and injuries. If a driver is found to be reckless, they may be held liable for any damages or injuries that occur.
FAILURE TO MAINTAIN A VEHICLE:
It is the responsibility of a driver to ensure that their vehicle is in good working order and safe to operate. If a driver fails to maintain their vehicle and this leads to an accident, they may be held liable for any damages or injuries that occur.
In some cases, more than one party may be found to be at fault for a motorcycle and scooter accident.
Common Injuries Caused By Bicycle and E-Bike Accidents in Raleigh, NC
Bicycle or e-bike accidents in Raleigh, NC can cause serious injuries to everyone involved, even death. Some of the most common types of injuries our bicycle accident attorneys see in their cases are:
Back and spine injuries
Neck injuries
Brain injuries (concussions and traumatic brain injuries or TBI)
Sprained and bruised knees, ankles, wrists, hips, and shoulders
Broken bones
Fire, electrocution, and burns
Eye injuries
Hearing loss
Amputations
Chest and abdominal injuries
Anxiety and psychological injuries
Damages Our Raleigh Bicycle and E-Bike Accident Lawyers Can Recover for You
The personal injuries you suffered in your bicycle or e-bike accident may entitle you to monetary payments and compensation. Some of the most common types of damages (explained in more detail here) recovered in the cases handled by our Raleigh bicycle or e-bike accident attorneys are:
Medical bills paid/reimbursed
Future medical expenses
Lost wages and income for time you missed at work
Pain and suffering/mental anguish
Loss of consortium if your accident affected your relationship with your spouse
Permanent disability, scarring, or disfigurement
Punitive damages to punish the other party for particularly bad, reckless, or outrageous conduct that caused your injuries
A Guide to North Carolina Bicycle and E-Bike Accident Claims
Most bicycle or e-bike accident injury victims have questions about what they should/shouldn’t do and how the legal system works. It’s understandable because this kind of accident rarely happens to a person more than once. Unfortunately, there is little reliable or correct information about bicycle or e-bike accident claims that is available to the public, which causes confusion about the accident process and hurts injury victims’ chances for recovery. Here’s what our team of Raleigh bicycle or e-bike accident lawyers believe you should know:
1. What Should I Do After I’m Involved in a Bicycle or E-Bike Accident in Raleigh, NC?
The initial moments and days after your bicycle or e-bike accident are critical, not only for your well-being but for your chances for compensation as well. These are the most important steps to take after your injury accident:
Take photos of your injuries
Take photos of the damage to your bicycle or e-bike and the other vehicles (including vehicle positioning)
Visit a doctor if you haven’t already
Follow the doctor’s recommendations and attend all follow-up appointments
Write down a narrative of what happened while it’s still fresh in your head
Make a list of witnesses and their contact information if you know it
Follow any additional instructions from your attorney
2. How Do I File a Bicycle and E-Bike Accident Claim in Raleigh, NC?
A bicycle or e-bike accident case begins when you file legal documents called a “summons” and “complaint” in the appropriate North Carolina court, usually in the county where you live or where the accident occurred. The specific details are outlined in Rule 4 of the North Carolina Rules of Civil Procedure. Filing a case is as simple as taking the summons and complaint to the court clerk of the court where you’re filing the case.
The clerk of court (in the country where you live or where the accident happened) accepts the filing and returns your copies so that you can serve the defendant with their copy of the filing documents. “Serving” a defendant means providing them with a copy of your file-stamped summons and complaint in a very specific, formal way, which is explained in Rule 5 of the North Carolina Rules of Civil Procedure. Your complaint must include all of the grounds to bring your case and all of your demands for compensation.
3. Will My Bicycle or E-Bike Accident Claim Go to Trial in Raleigh, NC?
The vast majority (95%) of bicycle or e-bike accident cases, according to government statistics, resolve before needing to go to trial. The vast majority of bicycle or e-bike accident cases will settle before the trial date arrives (sometimes even before a lawsuit is filed), and others will settle in the middle of trial. The most common reasons cases go to trial are:
The defendant’s insurance adjuster and company believes they will win the case, so they offer a very low settlement or none.
The insurance company doesn’t want to set a precedent for settling your type of bicycle or e-bike accident lawsuit.
The monetary amount demanded by your attorney is too high for the insurance company to settle without fighting the claim.
Liability (meaning who is at-fault) or the injured person’s damages are too contested or questionable to find a middle ground.
The more time spent in preparation and building the case, the more likely your case will reach an appropriate settlement. But there are a lot of variables, and if your case is in the small percentage that go to trial, a Raleigh bicycle or e-bike accident attorney can help prepare you for what to expect.
4. How Much Will My Bicycle and E-Bike Accident Claim Settle for in Raleigh, NC?
This is a common question. There’s no way to precisely value your claim, but an experienced bicycle or e-bike accident attorney may be able to give you an approximate value based on their experiences and prior results in other cases. The value of your claim includes your economic damages like costs for medical treatment, lost wages, future medical care, paying for help you need around the home, and physical therapy.
To approximate a total case value, you can add up your total economic damages and then multiply that figure by 1.5 or 2 (for moderate injuries) to account for pain and suffering, which will give you a rough range of what a jury might award might be or how an insurance company could value your claim. For serious injuries with significant permanent injury, you might multiply your total economic damages by 4 or 5 for those severe cases. For incidents that “shock the conscience,” like bicycle or e-bike accidents involving drunk drivers, we have seen victims awarded damages 10x or more of their economic damages. In a recent drunk driving case, our team of bicycle or e-bike accident attorneys in Raleigh negotiated a settlement for our clients that was 13x their medical bills.
5. What If I’m Partially At-Fault for Causing My Bicycle or E-Bike Accident in Raleigh, NC?
If you’re in a bicycle or e-bike accident, you are likely going to be blamed for causing your accident or injuries, even if just partially. You might even believe that you are responsible for the accident. However, there is a big difference between what regular people think about fault and what the law says. For instance, you might think a man stepping into a clearly visible 23 ft x 3 ft open service pit at an auto repair shop that he’s frequented for years is to blame for his own injuries. But the $1,800,000 settlement our team of Raleigh premises liability lawyers secured in that case in 2020 suggests otherwise.
Unlike other types of motor vehicle accidents, bicycle accident cases are often hotly contested because most defendants will blame the cyclist and try to use the stereotype that cyclist riders are reckless and careless. Not only is that not fair, but we also know that it is also not true.
North Carolina does follow the doctrine of contributory negligence, which could prevent you from recovering damages from your accident if a jury believes you are partially to blame. However, an experienced Raleigh bicycle or e-bike accident lawyer understands that defense and how to work around it.
FREE CASE EVALUATION
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6. How Long Does a Bicycle and E-Bike Accident Claim Take to Reach a Settlement in Raleigh, NC?
A small of number of cases resolve very quickly before a lawsuit is even filed. It may take 3-4 months to obtain your medical bills and records and 1-2 weeks to negotiate with the claims adjuster. However, these cases are in the minority and are usually limited to very specific circumstances (like when liability is clear and the damages are so severe that they clearly are worth more than the limits of available insurance).
In most other cases, litigation can last for a year or more. The more complicated or contested your case, the longer you can expect it to take. You do have some control over the length of your case because it’s up to you to accept or reject settlement offers.
7. How Long Do I Have to File a Bicycle and E-Bike Accident Claim in Raleigh, NC?
There is limited amount of time you have to file a claim, also known as the statute of limitation. In North Carolina, for most bicycle or e-bike accident cases, you have 3 years from the accident or injury to bring a claim. For accidents that resulted in death, you have 2 years from the date of the death. There is no wiggle room or do-overs when it comes to deadlines to file a motorcycle and scooter accident claim, so it is in your best interest to get a Raleigh bicycle or e-bike accident attorney involved as early as possible after your accident.
8. What is the Process for a North Carolina Bicycle and E-Bike Claim?
Bicycle or e-bike accident liability in North Carolina is determined by the state's laws and regulations, which outline the rules and guidelines for determining who is responsible for damages and injuries resulting from a car accident.
According to North Carolina's laws, the driver who is found to be at fault for the accident is responsible for any damages or injuries that occur as a result of the accident. This includes medical bills, property damages, and other costs related to the accident.
THE GENERAL Bicycle and E-Bike ACCIDENT CLAIM PROCESS
Notify insurance carriers
Insurance adjuster inspects vehicles and bicycles and estimates damages
The property damage amount is negotiated and settled
If there are injuries, the injured driver receives medical treatment
Once the medical treatment is concluded or the injured driver reaches maximum medical improvement (MMI), the bodily injury claim is negotiated and settled
If the property damage or bodily injury claim is not settled, then a lawsuit is filed
9. How Much Does a Bicycle and E-Bike Accident Lawyer in Raleigh, NC Charge?
Many Raleigh bicycle or e-bike accident attorneys will agree to work on your case with no money up front or out-of-pocket. If you succeed in your case, they will take a percentage of the compensation you receive either in your settlement or judgment from a jury verdict. This is also known as a contingency fee. In most of our cases, we charge a contingency fee equal to 1/3 of the amounts we recover on your behalf. That means we have a financial incentive to help you recover every amount you’re owed, not one penny less.
10. What Does a Raleigh Bicycle and E-Bike Accident Lawyer Do to Help?
Hiring an experienced Raleigh bicycle or e-bike accident lawyer can provide you with numerous benefits. Injury attorneys know how to conduct initial investigations and save important evidence (before it could be destroyed) that might be needed for your case. They are able to work with experts, law enforcement, and first responders to prove what happened in your accident. They can assist with getting you the appropriate medical care and treatment.
Good North Carolina bicycle or e-bike accident attorneys can also negotiate with the at-fault parties, their lawyers, and insurance adjusters to get you fair compensation for your injuries. But perhaps most importantly, an injury lawyer can take the weight and burden of the legal aspects of your case off your shoulders so you to focus on your recovery.
11. What Happens After I File a Bicycle or E-Bike Accident Claim in Raleigh, NC?
In order to initiate a North Carolina bicycle or e-bike accident lawsuit, the injured party (victim) files a formal demand for compensation called a Complaint. Once you file the case, you serve the other side with a copy of the paperwork. Then you wait for them to file an Answer, which is just a legal document that admits or denies the allegations in your Complaint. At the time same, you have time to build your case by contacting witnesses, gathering medical evidence, and collecting evidence from the other party. This is known as “discovery.” At that time, you may be asked to give a “deposition,” which is sworn testimony under oath. An experienced North Carolina motorcycle and scooter accident lawyer, like our team in Raleigh, NC, can help, guide, and prepare you through this process.
12. What is the Statute of Limitations in North Carolina for Bicycle and E-Bike Accident Claims?
There is limited amount of time you have to file a claim, also known as a statute of limitation. In North Carolina, for most bicycle or e-bike accident cases, you have 3 years from the accident or injury to bring a claim. For accidents that resulted in death, you have 2 years from the date of the death. There are different and separate time limits for contracts cases, criminal cases, and cases about property damage.
13. What is the Average Settlement for a Bicycle or E-Bike Accident Claim in Raleigh, NC?
Determining the average settlement for a North Carolina bicycle or e-bike accident claim is difficult because there are so many different types and severity of injuries. In North Carolina, according to statewide statistics, motorcycle and scooter accident cases settle for an average of $73,700, but a number of facts go into the value of a case. Those include:
The amount of auto insurance coverage the defendant has
The severity of your injuries and damages you sustained
Who is at-fault and how bad their conduct was
However, cases may settle for more than the average when a good North Carolina bicycle or e-bike accident injury lawyer is on your side.
14. How Do I Maximize My Bicycle or E-Bike Accident Settlement in Raleigh, NC?
The first step to maximizing your bicycle or e-bike accident settlement is hiring a bicycle accident lawyer. On average, cases where the victim is represented by an injury lawyer settle for larger amounts than when victims are unrepresented and try to handle their claims by themselves. It isn’t fair, but insurance carriers simply don’t take bicycle or e-bike accident claims seriously if the injured person isn’t represented by a lawyer.
15. Does Pain and Suffering Include Medical Bills (and What’s the Difference)?
No, pain and suffering is different from economic damages like medical bills and lost wages. Pain and suffering relates to the hassle, anxiety, stress, actual pain, and trauma you suffered as a result of the injury. But you have a right to claim full compensation for your injuries, which means medical bills, other economic damages, permanent disability, AND pain and suffering. Pain and suffering is on top of and in addition to your economic damages, like medical bills.
16. How Do You Calculate Pain and Suffering for a Bicycle and E-Bike Accident Claim in Raleigh, NC?
There is no magic formula for determining what amount of pain and suffering is fair in your case. In general, pain and suffering is proportional to the injuries you suffered. If your injuries are severe and/or caused permanent disability, the more pain and suffering compensation would be fair to award in your case. In a case with severe injuries and lifelong suffering, you might be awarded pain and suffering that is 5x or more of your economic damages (medical bills, lost wages, etc). In minor injury cases, your pain and suffering may be slightly less or equal to the amount of your medical bills.
However, sometimes there is a disconnect between what is just and fair in your case vs. what an insurance company or at-fault party will actually pay. A good Raleigh bicycle or e-bike accident lawyer has experience and even tools that can investigate recent judgments and settlements in your area to give you the best leverage in settlement negotiations so you can recover what is fair.
17. Can I Still File a Bicycle or E-Bike Accident Claim If I Wasn’t Wearing a Helmet in Raleigh, NC?
Not wearing a helmet or improperly wearing a helmet is a common issue in a North Carolina bicycle or e-bike accident. This is because the contributory negligence rule states that a victim who causes his or her own accident or injuries, even by 1%, could be barred from making a recovery. Therefore, in some states, the failure to not wear a helmet could be considered contributory negligence on behalf of the rider. This is known as the “helmet defense.”
However, NCGS section 20-140.4 (b) expressly provides that the failure to wear a helmet cannot be used to establish contributory negligence on the part of a rider. A defense lawyer and insurance adjuster will still try to use this against you, including trying to persuade a jury that it was your fault that you sustained injuries in a crash. Do not let this happen to you. Ask an experienced North Carolina bicycle or e-bike accident lawyer for help with your case.
18. Why Are Bicycle and E-Bike Accidents So Common in Raleigh, NC?
Drivers are frequently surrounded by distractions while driving, which can cause a person to ignore or forget to follow common safety rules or keep a proper lookout
Bicycles are less noticeable than other vehicles and sometimes seem to appear suddenly, which can lead to accidents with drivers who aren’t keeping a watchful eye
Bicycles often have their own lanes of traffic or ride on sidewalks, which drivers forget to check before changing lanes, entering intersections, or making turns
The size difference between bicycles and cars on the roadway means that even slight contact or near misses can result in accidents with significant injuries
19. Can I File a Bicycle or E-Bike Accident Claim Without a Lawyer in Raleigh, NC?
Yes, you can file a bicycle accident lawsuit without a lawyer. However, if you bring your case on your own, you’re subject to the same rules and standards as you would be if you had an attorney. You are required to follow the same formalities and rules when filing court documents. The rules of discovery, admission of evidence, and civil procedure will still apply to you in your case. If you make a mistake, there is a chance that you case will be dismissed or thrown out. While you can file a civil lawsuit without an attorney, your best chance to recover the maximum amount possible is working with an experienced bicycle accident lawyer.
20. How Do I Find the Best Raleigh Bicycle and E-Bike Accident Lawyer for My Case?
There’s no exact science or answer to find the best bicycle or e-bike accident lawyer. Like every profession, injury lawyers vary in experience, skills, style, dedication, and levels of customer service so “best” can mean different things to different people. It’s a good idea to see if the injury lawyers you are considering have positive client testimonials, good (and recent) case results, and are passionate about helping others. It depends on whether you want to hire a law firm that works with thousands of clients every year or a smaller firm that only focuses on a limited number of cases. The relationship between lawyer and client requires a significant amount of trust and communication over an extended period of time, so the most important factor is choosing a lawyer that “feels right” to you.
Common Causes of Bicycle and E-Bike Accidents in Raleigh, NC
Some of the most common causes of bicycle or e-bike accidents in North Carolina include the following:
Failing to compromise space (give enough space for a bicycle or e-bike)
Cutting off a bicycle or e-bike with an improper left turn
Failing to fully check a blind spot for a bicycle or e-bike rider
Speeding or driving too fast for the weather or traffic conditions
Drunk driving or drugged driving, even if below the legal limit a driver could still be liable for a crash
Distracted driving, including the use of a cell phone, tablet, laptop, GPS, radio, eating, interacting with a passenger or pet, or otherwise not giving full attention on the roadway
Failure to yield to the right-of-way of a bicyclist
Running a stop sign or red light
Unsafe backing into a cyclist
Following too closely and rear-ending a bicycle or e-bike, even if just a “bumper tap” it could still launch a cyclist
Mechanical defects that cause a crash with a bicycle or e-bike, and
Many other common causes of bicycle or e-bike crashes that our North Carolina bicycle or e-bike accident lawyers in Raleigh, NC could help you recover damages for in a crash.
Important North Carolina Bicycle and E-Bike Laws to Know
Our North Carolina state legislature has enacted numerous vehicle and traffic laws that pertain to all motor vehicles, including cars, trucks, SUVs, and other types of vehicles. Although bicycles are (at least for now) not motorized, there are traffic laws that pertain to cyclists. These important North Carolina motorcycle laws apply to help keep riders and other people on or around the roadway safe.
Passengers of Bicyclists IN NORTH CAROLINA
Under North Carolina law, it is unlawful for a parent to allow a child under the age of 16 to be a passenger on a bicycle unless the following conditions are met:
The child must wear a helmet and
The child must be sitting in a saddle seat (tandem bikes) or retrained seat
Bicycle Riders MUST WEAR HELMETS IN NORTH CAROLINA
Under North Carolina law, all bicycle riders must wear a helmet while on a bicycle. This law is for safety reasons, as statistics from the Centers of Disease Control and Prevention (CDC) indicate that bicycle helmets save an estimated hundreds of lives each and as well as thousands of head and brain injuries.
CONTRIBUTORY NEGLIGENCE AND FINDING FAULT IN A Bicycle ACCIDENT
If you were partially at fault for your bicycle accident, you may have trouble recovering compensation without the help of an experienced North Carolina bicycle accident lawyer. This is because North Carolina is a contributory negligent state as recently affirmed by a mid-level appellate court. Under the contributory negligence rule, an injured party is barred from recovering any damages from a defendant if the victim is even 1% at fault for the accident.
Although this is the minority rule in the United States (most states adopting the comparative fault rule), all cyclists or passengers in North Carolina will have to follow this rule—even if you are not from North Carolina. If the you’re involved in a bicycle accident in North Carolina, you are subject to this harsh rule.
However, there are some ways around the contributory negligence defense. The most common defense is called the last clear chance doctrine which allows a victim to still recover compensation where the defendant could have acted to avoid causing the crash or injuries to a person in peril, but did not. An example would be where a victim swerved into another lane to avoid a pothole, and the defendant could have easily avoided the collision by braking or compromising space, but didn’t and hit the victim.
Raleigh Bicycle and E-Bike Accident Statistics
Bicycles are becoming one of the more common and popular forms of short distance transportation methods in North Carolina, particularly around downtown urban areas. With additional bicycles on the road, however, the rate and frequency of bicycle accidents has also increased. Nationwide, cyclist fatalities are near a 20 year high with nearly 1000 traffic cyclist deaths per year. In North Carolina, Charlotte was named No. 12 most dangerous city for cyclists with nearly 27 fatalities per 10,000 cyclists per year. For the state of North Carolina, that number is slight lower at 21 fatalities per 10,000 cyclists per year. But the increasing rate of a cyclist accidents and injuries is leading some to push for infrastructure changes to make transportation by bicycle safer.
Free Bicycle Accident Case Evaluation
If you or a loved one have been injured in a bicycle or e-bike accident and want to know your legal rights, our experienced Raleigh bicycle and e-bike accident lawyers are available to help.
Raleigh Bicycle and E-Bike Accident Claims We Handle
We can help with any bicycle accident claim, but the accidents listed below are the most common bicycle accident claims we handle in North Carolina:
Touring and cruiser Bicycles
City cruiser and mountain bikes
Sport Bicycles and dirt bikes
Electric bikes (or e-bikes)
Pedestrian accidents
Right-of-way accidents
ATVs (all-terrain vehicles), ORVs (off-road vehicles), and UTVs (utility task vehicles)
Bicycle Touring Groups
Bicycle Parks
ATV parks and touring
Faulty Bike assembly
Raleigh Bicycle and E-Bike Accident Lawyer Costs
For transparent, upfront pricing on what our bicycle and e-bike accident lawyers in Raleigh, NC charge to help you with your case, please click below.
Raleigh Bicycle and E-Bike Accident
Lawyer FAQs
Areas Our Raleigh Bicycle and E-Bike Accident Lawyers Serve:
The Best Raleigh Bicycle and E-Bike Accident Lawyers Will:
THOROUGHLY INVESTIGATE YOUR ACCIDENT
EXPLAIN YOUR OPTIONS
GUIDE YOU THROUGH THE CLAIMS PROCESS
NEGOTIATE WITH THE INSURANCE COMPANY
FILE A LAWSUIT IF NECESSARY
ABOVE ALL ELSE, FIGHT FOR YOU
Client Testimonials for Our Raleigh Bicycle and E-Bike Lawyers
Why Our Raleigh Bicycle and E-Bike Accident Lawyers Provide Free Consultations
Free legal consultations play a vital role in ensuring access to justice as well as promoting fairness, justice, and the well-being of accident victims. That’s why our award-winning Raleigh bicycle and e-bike lawyers always provide free consultations for potential clients
Schedule a Free Consultation With Our Raleigh Bicycle and E-Bike Accident Lawyers
Even if the other driver’s insurance company blames you for the accident, our experienced bicycle and e-bike accident attorneys have experience in these cases to help ensure that you recover the maximum amount of compensation that you deserve for your damages.