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Contact the Law Offices of James Scott Farrin 1-866-900-7078

Injured While Cycling? Why You May Need Legal Protection (From Your Insurance Company)

I am an avid bicyclist. I ride trails. I cycle in triathlons. And sometimes I commute to work. I appreciate the North Carolina Department of Transportation’s efforts to build more bike-friendly roadways, such as complete streets that help promote cycling and make it potentially safer and more convenient. On the other hand, a 2014 article in the Ashville Citizen Times reported North Carolina ranks among the nation’s top 10 “most dangerous states for cyclists.” I understand why. I have seen a rise in the number of distracted drivers and this concerns me.

Rising Bicycle Accidents Put North Carolina Riders at Risk

North Carolina cyclists need to be aware of what to do in the event of a cycling accident, and how to protect both their health and their legal rights.

Protecting Your Health

The most important step an injury victim can take toward recovery is to ensure that the proper medical attention is administered as soon as the accident occurs and throughout the recovery process.

If urgent symptoms are not immediately noted, accident victims should nonetheless consult with their primary care provider just to be safe. The head of our medical review department, Naa Atsoi Adu-Antoh, urges anyone who has sustained a personal injury to have a medical evaluation to see if there are any potential issues that may be underlying. If your condition worsens over time and you have to make a medical claim, this initial documentation is largely what insurance companies use to determine the extent of your injuries.

Naa is an attorney as well as a Johns Hopkins-educated and trained nurse. She explains, “When you're in an accident there's a lot going on in your body, and sometimes you may not feel pain right away, especially with soft tissue injuries. Your body is reacting on adrenaline, and adrenaline helps keep pain away for a while."

Or maybe you're like many of us and are just too busy to go to the doctor for what you think is just a skinned and bruised knee. That skinned and bruised knee could turn into something else when you start overcompensating for it.

The longer you wait to go to the doctor about your pain, the more you could be hurting your recovery and your legal case, if you have one.

Ongoing medical care is often required after an accident. This may involve consultations with specialists, medical pain management, physical therapy, or chiropractic services. Accident victims should carefully consult with their providers to determine which specific services are right for them. Injuries which are not properly treated may tend to get worse over time.

Protecting Your Legal Rights to Claims for Damages

When officers respond to the scene of the accident, they will often take statements from everyone who was involved as well as witnesses. Give the police a concise statement including just the facts of the accident. Make sure to ask how you can obtain a copy of the police report once it has been completed. If possible, tangible evidence such as photographs, video, and audio recordings can go a long way toward trying to present the best possible evidence for your personal injury litigation. Smartphones have made it increasingly easy to take photographs and video recordings of an accident scene.

Injury victims should also be sure to document any symptoms or losses caused by the accident. These can include physical injuries – such as bruises, scars, and cuts – and should be documented to help support your personal injury claim.

And make sure to photograph and document damages to your bike, and preserve the bike if you can. Some bikes can cost thousands of dollars. Whether your bike needs to be repaired or replaced, the insurance adjuster may have little knowledge of the real value of certain bikes.

Keep a record of any time missed from work as a result of the accident to help support your claim for lost wages, if you have one.

In today’s instantaneous digital society, it is highly tempting to want to update friends with news of an accident or injury, but this can sometimes compromise your personal injury claim. We would caution you from posting any information about the accident or recovery on social media until your claim has been settled or resolved at trial. We have known some insurance companies to troll social media accounts in an effort to find any evidence they can use to try to minimize or deny your claim for damages.

Once you leave the scene of the accident, it is important to consult with a personal injury attorney as soon possible. Statements made on the scene of the accident and to an insurance representative can be used against you. So keep conversation to a minimum and stick to the facts only.

Insurance companies will contact you after an accident to obtain a recorded statement of what happened at the scene. While this is a necessary step in the investigative process, the recorded statement can sometimes be a trap for the unwary. Insurance adjusters may use the recorded statement against the claimant when it comes time to settle for monetary damages.

Your best course of action with regard to a recorded statement is to let an attorney handle it for you. Or at least we can be on a three-way call with you, so we can object to any potentially damaging questions.

NC Bicycling Accident Lawyers Offer Free Case Evaluation

If you or someone you love has been injured in a cycling accident, contact one of our bicycle accident attorneys as soon as possible. Click here to contact us right away (24/7) or call 1-866-900-7078.

 

10 Ways to Try to Prevent Rear-End Crashes in North Carolina

During my commutes to and from work every day, it never fails to amaze me just how many people drive in ways that could all too quickly end up in a rear-end car crash situation. As a personal injury lawyer, we see how people’s lives can change for the worse in one split second, just because they became a victim of a rear-end crash or other car injury.

Rear-end crashes make up almost half of the car accidents in the U.S.

According to figures from the National Highway Traffic Safety Administration (NHTSA), out of the 6 million car accidents that happen on U.S. roads every year, over 40% of them (2.5 million) are rear-end collisions. Drivers and passengers are at risk of being severely hurt due to rear-end accidents. No one knows this better than personal injury lawyers.

We have represented hundreds of clients who have been injured – sometimes seriously – as a result of rear-end collisions. One client^, a mother, was simply driving home from work one afternoon, stopped in traffic when a distracted driver rear-ended her so hard she was ejected out of the car and killed.

Then there’s the story of Tony who was also rear-ended. He had been “living the dream” before he lost everything as a result of a distracted driver rear-ending him at a high rate of speed. Read Tony’s story here.

10 Ways to Reduce Chances of Rear-End Crashes

The prevention of rear-end accidents is the responsibility of every driver every time they get behind the wheel. Here are ten tips drivers should remember to try to reduce the chances of a rear-end accident.

  1. Don't tailgate. We all know what tailgating is and we know we should not do it. Tailgating is reckless and dangerous. It is rude. And it can often be avoided. If you tailgate and leave too short of a stopping distance, there's a very real chance you will end up hitting another car and you could be blamed for causing an accident.
  2. Check your mirrors often. Look to see what the drivers behind you are doing and if they will be able to stop in time.
  3. Leave two to three car lengths between you and the car stopped ahead of you. If someone from behind is going to crash into you, you may have enough room to push forward without rear-ending the car in front of you.
  4. Don't stop short or cut people off. When a driver slams on their brakes suddenly and unexpectedly or suddenly changes lanes or pulls in front of another vehicle, cars around them may not have time to react. This can result in a rear-end accident. Try to always be aware of cars around you and try to anticipate their moves.
  5. Go the speed limit and try to maintain a steady speed. Drivers who slow suddenly can cause a car following them to hit them.  A driver who goes too fast also faces an increased chance of hitting another motorist who is in front of his vehicle. Faster speeds mean more momentum, which results in a longer stopping distance and makes rear-end crashes more likely. These types of accidents can also result in more serious injuries.
  6. Pay careful attention at all times. All motorists need to pay careful attention to what is going on in front of them to avoid having to hit the brakes suddenly. Stay off cell phones and avoid using other distracting devices – even maps.
  7. Look a few cars ahead of you in anticipation of what may happen. If you see cars braking up ahead it gives you more time to brake and allows the car behind you to begin braking (assuming they are paying attention). If you are behind a truck stay back until you can see the driver’s face in his side mirror. If you can see his face, he can see you. And stay out of the trucker’s blind spots. Truckers have a lot of them. Directly in front of the truck (because of the long hood). Directly behind the truck. And especially on the right side of the truck. Click here for more safety tips for driving near big-rigs.
  8. Check your brake lights periodically.
  9. If you are being tailgated don’t brake to try to get them to back off. This can result in a rear-end situation and, depending on the driver’s demeanor, it could make them angry and lead to road rage. Simply try to move to another lane when safe to do so.
  10. Avoid drunk or drowsy driving. Both drunk and drowsy driving can make it harder to pay attention to what is going on with other cars and can cause delayed reaction time, which makes rear-end accidents much more likely to occur. If you have been drinking call a sober ride home service. Many in North Carolina will take you and your car home. And if you become tired while driving, stop to rest for about 20 minutes. A recent AAA Foundation  study found that one in five fatal auto accidents involved drowsy drivers. Click here for tips on what to do if you begin to feel drowsy while behind the wheel.

NC Car Crash Lawyers Offer Free Case Evaluation for Rear-End Crashes

If you were injured in a rear-end accident, contact us right away or call 1-866-900-7078 for a free case evaluation.

Studies have shown that, on average, car accident victims who hired a personal injury lawyer received
3.5 times more compensation for their loss than they would have on their own*.

 

* Insurance Research Council 1999

^Client identities have been removed or changed to protect their privacy

 

Contact Information

Raleigh Law Office

4325 Lake Boone Trail, Suite 100
Raleigh, NC 27607
Phone: 919-834-1184
Toll Free: 1-866-900-7078

Durham Law Office

280 South Mangum Street, Suite 400
Durham, NC 27701
Phone: 919-688-4991
Fax: 800-716-7881

Fayetteville Law Office

2915 Raeford Road, Suite 204
Fayetteville, NC 28303
Phone: 910-488-0611
Toll Free: 1-866-900-7078

Charlotte Law Office

1001 Morehead Square Drive, Suite 350
Charlotte, NC 28203
Phone: 704-599-1078
Toll Free: 1-866-900-7078

New Bern Law Office

1505 South Glenburnie Rd, Unit P
New Bern, NC 28562
Phone: 252-634-9010
Toll Free: 1-866-780-3422

Greenville Law Office

702 G Cromwell Dr.
Greenville, NC 27858
Phone: 252-355-5205
Toll Free: 1-866-780-3227

Greensboro Law Office

300 N. Greene Street, Suite 850
Greensboro, North Carolina 27401
Phone: 336-665-7072
Toll Free: 1-866-900-7078

Goldsboro Law Office

214 South William Street, Suite 3
Goldsboro, NC 27530
Phone: (919)-731-2581
Toll Free: 1-866-900-7078

Henderson Law Office

514 Dabney Drive, Suite 200
Henderson, NC 27536
Phone: 252-492-4600
Toll Free: 1-866-900-7078

Roanoke Rapids Law Office

709 Julian R. Allsbrook Highway
Roanoke Rapids, NC 27870
Phone: 252-537-9670
Toll Free: 1-866-900-7078

Rocky Mount Law Office

3202 Sunset Avenue, Suite B
Rocky Mount, NC 27804
Phone: 252-937-4730
Toll Free: 1-866-900-7078

Sanford Law Office

703-B South Horner Boulevard
Sanford, NC 27330
Phone: 919-775-1564
Toll Free: 1-866-900-7078

Wilson Law Office

2315 Airport Blvd Suite A
Wilson, North Carolina 27896
Phone: 252-246-9090
Toll Free: 1-866-900-7078

Winston-Salem Law Office

301 N. Main Street, Suite 2409-C
Winston-Salem, NC 27101
Toll Free: 1-866-900-7078