Charleston’s bustling streets see their fair share of cyclists and pedestrians maneuvering through traffic. Despite efforts to ensure safety, accidents still occur. Navigating the aftermath of a bicycle or pedestrian accident can be overwhelming, particularly when it comes to understanding who is at fault.
When an individual is injured while cycling or walking, determining who is legally liable is crucial to securing justice and financial recovery for their injuries and other damages. Yet, unraveling liability can be complex, fraught with nuances in traffic laws, and dependent on myriad factors that vary from one accident to another.
Keep reading to learn more.
Liability in Bicycle vs. Car Accidents
Vehicles are expected to share the road with cyclists. However, this does not always mean that cars take necessary caution when doing so. As such, bicycle accidents are unfortunately common in Charleston.
The causes of bicycle accidents often include:
- Car doors opening suddenly
- Drivers making unsafe lane changes
- Drivers failing to yield right-of-way
- Failure to obey traffic laws and signage
- Distracted driving
To ascertain liability, one must assess whether the involved parties adhered to road rules like signaling turns and whether they took necessary precautions. The legal responsibilities of cyclists also come into play—adhering to the same traffic laws as motorists and ensuring their bikes are equipped adequately for visibility and safety.
Liability in Pedestrian vs. Car Accidents
Pedestrians are afforded special protections under traffic laws; after all, they are the most vulnerable when accidents strike. When injuries are sustained, liability shifts according to who had the right-of-way or if there was negligent behavior, such as distracted driving or walking.
Causes of pedestrian accidents can include:
- Drivers failing to stop at crosswalks
- Pedestrians not being visible, especially at night
- Drivers ignoring traffic signals or signs
- Inadequate pedestrian walkways or crossings
- Turning vehicles striking pedestrians in crosswalks
- Speeding in pedestrian-heavy areas
- Distractions for both drivers and pedestrians, such as mobile device usage
Just as cyclists do, so too do pedestrians carry legal responsibilities, such as crossing roads at designated points and obeying pedestrian signals.
North Carolina's Pure Contributory Negligence Doctrine
In North Carolina, the doctrine of pure contributory negligence plays a crucial role in personal injury cases, including those involving bicycle and pedestrian accidents. This doctrine is stringent; it dictates that if an injured party is found to be even slightly at fault for the incident—this could be as minimal as 1% liable—they are barred from recovering damages through a personal injury lawsuit.
In practice, this means that during legal proceedings, if it's proven that the injured cyclist or pedestrian failed to adhere to any traffic law, which contributed to their accident, they lose the opportunity to be compensated by the other party. Such a finding makes it imperative for those involved in accidents to consult with legal professionals who are well-versed in these types of cases.
Seek Legal Representation
What remains clear amidst the complexities of accident liability is that legal advice is vital. If you or someone you care about has been injured in a pedestrian, bicycle, or car accident, acquiring representation is a significant step toward clarifying legal options and rights.
The personal injury attorneys at Pierce | Sloan are highly experienced in guiding Charleston-area residents through these challenging circumstances. We bring our vast knowledge of local and state laws to assist you in building a strong case and advocating for your due compensation.
Don't navigate the legal maze alone—let the skilled attorneys at Pierce | Sloan champion your cause. Contact us online to schedule your free consultation.