With scenic landscapes throughout the state, North Carolina can be one of the best places for bicyclists. Unfortunately, at the same time, cyclists have the potential to be dangerous. The North Carolina Department of Transportation (DOT) reports that approximately 20 cyclists are killed in accidents in the state each year. Many hundreds more bicyclists suffer bad injuries.
Some bicycle accidents are the fault of motorists. However, other bike accidents may be caused, at least in part, by road hazards. At Paul Robinson Law, we are committed to helping injured cyclists get justice and the maximum financial compensation. Here, our Raleigh bicycle accident lawyer highlights the essential steps to take after a bike accident in North Carolina.
What is a Road Hazard?
Broadly defined, a road hazard is any condition or object on the road that poses a potential threat to the safety of a cyclist. Bicyclists are inherently vulnerable. Unlike motorists in vehicles equipped with safety features, cyclists are at a heightened risk of suffering a serious injury in a crash caused by a road hazard. Some of the most common road hazards that contribute to bike accidents include:
- Potholes: Often caused by weather, wear-and-tear, and poor road maintenance, potholes are a safety hazard. Indeed. hitting an unexpected pothole can cause a cyclist to lose control of their bike. It could be a serious accident.
- Loose Debris and Loose Gravel: In some cases, items on the road, such as branches, rocks, or loose gravel, can cause a cyclist to swerve unexpectedly or lose balance.
- Construction Hazards: Roadwork areas are particularly dangerous for cyclists due to uneven surfaces, temporary signage, and the presence of construction debris. Further, changes in traffic patterns around construction zones can confuse both cyclists and drivers
- Poor Road Design: Unfortunately, the infrastructure is not always great for cyclists. Some issues—from inadequate bike lanes to abrupt endings to designated bike paths to poorly designed intersections—can increase the risk of a bicycle accident.
Who Can Be Held Liable for a Bike Accident Caused By a Road Hazard?
It depends. With that being said, cyclists should not assume that they are without legal options if there accident was caused by a roadway hazard. These bike accidents require a thorough investigation by an experienced North Carolina bike accident attorney. Several different parties might be held liable for the incident.
For example, imagine that a roadway hazard exists because of poor road maintenance. The state or local government entities in North Carolina that are responsible for road upkeep could be at fault. Alternatively, for bike accidents in construction zones, the construction company might be liable if they fail to properly secure the area or manage debris and equipment.
Five Steps to Take if Your Bicycle Accident Was Caused By a Road Hazard in North Carolina
- Stop Your Bike and Report the Accident
Hurt in a bike accident caused by a road hazard in Raleigh or elsewhere in North Carolina? Your safety is the top priority. As soon as you are able to do so, be sure to report the incident to law enforcement, such as the Raleigh Police Department, Wake County Sheriff’s Office, or the North Carolina State Highway Patrol. Even if the accident seems minor, a police report can be invaluable. The report not only documents the incident but also captures details about the road conditions.
- Seek Immediate Medical Attention for Any Injuries
All bike accident injuries should be evaluated, diagnosed, and treated by a qualified doctor. Seek medical attention. Some relatively common bicycle accident injuries—including back injuries, whiplash, concussions, and internal bleeding—may not be immediately apparent. They may even occur with a delayed onset. You need the proper care. Further, in North Carolina, you cannot pursue personal injury compensation without supporting medical records.
- Document the Road Hazard that Caused the Incident
North Carolina is a fault-based personal injury state, including for bicycle accidents caused by road hazards. As soon as it is feasible and safe, document the road hazard that led to your accident. Take clear photographs of the hazards—such as potholes, uneven pavement, loose debris, or construction defects. You should try to document the surroundings from various angles. Beyond that, it is a best practice to tote any relevant street signs, traffic signals, or landmarks that can help establish the exact location of the accident. If there were any witnesses to your accident, collect their contact information, as they can provide a supporting statement.
- Consult With a North Carolina Bicycle Accident Attorney
You do not have to take on the bicycle accident injury claims process alone. Unfortunately, road hazard cases can be especially complicated. You cannot rely on any corporation, insurance company, or state or local government entity to look out for your best interests after a bad accident. Set up a free consultation with a top-tier Raleigh, NC, bike accident lawyer as soon as possible. Your attorney will be able to help you navigate the complexities of the claims process.
- Seek Financial Compensation from the At-Fault Party
If a road hazard caused by negligence resulted in your bicycle accident, you might be entitled to compensation from the at-fault party, which could be a government entity, a construction company, or another party responsible for the road’s maintenance. What is the value of your road hazard bike accident injury claim? It depends on many different factors, including your ability to prove liability and damages. Along with other types of losses, you may be able to recover compensation for:
- Property damage, such as bike replacement;
- Emergency medical treatment;
- Hospital bills and other medical costs;
- Physical therapy and mental health support;
- Loss of wages and loss of future earnings;
- Pain and suffering;
- Disability or disfigurement;
- Loss of lifestyle enjoyment; and
- Wrongful death of a family member.
Schedule a Free Consultation With Our North Carolina Bike Accident Lawyer Today
At Paul Robinson Law, our North Carolina bicycle accident attorney is a skilled, compassionate advocate for victims and families. If you have any questions about a bike accident claim, please do not hesitate to contact us today for your no-cost, no-obligation initial consultation. We handle bike accident claims in Raleigh and the surrounding area in North Carolina.