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

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.

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.

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.

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 North Carolina bicycle or e-bike accident lawyer understands that defense and how to work around it.

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.

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.

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

Many 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.

Hiring an experienced North Carolina 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.

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.

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.

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.

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.

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.

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.

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.

1. 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
2. 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
3. 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
4. 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

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.

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.