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Pedestrian and bicycle accidents often result in severe injuries for the victims. These injuries can cause significant financial loss, including lost wages and medical bills. Unfortunately, some insurance companies avoid paying the victim fair compensation by relying on inapplicable defenses. This includes manipulating North Carolina’s contributory negligence rule. Insurers are known for asking unscrupulous questions and recording conversations with claimants. Therefore, it is recommended that you seek legal counsel before making any statements. An experienced Charlotte personal injury lawyer with experience handling pedestrian and bicycle accidents can help you obtain maximum damages from the insurance company, allowing you to rebuild your life.
North Carolina is one of only four states that employs “contributory negligence” in personal injury cases. Under this rule, a victim who is even 1% responsible for their own injuries can be prevented from compensation. Although this rule has some exceptions, the insurance company will try to use it against you.
After an accident, you might receive a call from the at-fault driver’s insurer, who may ask to record a statement. You have no obligation to speak to their insurer. In fact, they will use this opportunity to attempt to prove you contributed to your own injuries. For example, if you were not walking in a marked crosswalk or biking outside a marked lane, insurers may argue that you contributed to your injuries negligently.
The “last clear chance” rule is an exception to contributory negligence. This means that even if the plaintiff has been negligent in certain situations, the defendant can still be held liable if they have had the last opportunity to avoid the accident. For instance, if a driver hits a pedestrian crossing the street outside a marked crosswalk, the driver can be held responsible if they saw or should have seen the pedestrian and could have avoided the collision. This rule emphasizes drivers’ responsibility to ensure the safety of pedestrians and cyclists, regardless of their actions.
North Carolina law also excludes certain age groups from being subject to contributory negligence as a defense.
Maginnis Howard offers free consultations and case evaluations to individuals involved in pedestrian and bicycle accidents in North Carolina. Our services are available throughout the state. We operate on a contingency fee basis, meaning you don’t pay any legal fees unless and until we win your case.
If you or a loved one have been injured in a bicycle accident, reach out today. You may send an email inquiry through our contact page. We have three conveniently located offices across the state, and are willing to travel to meet you.
