We are familiar with the serious and permanent injuries associated with bicycle accidents and pedestrian accidents. In addition, we know compensation for those injuries is not automatic. The negligent driver and their insurance company will typically try to escape responsibility by blaming the victim.
The Law Offices of C. Douglas Maynard, Jr., PLLC has successfully resolved numerous case for clients who were struck by cars while on a bicycle or as a pedestrian. Our personal injury lawyers take cases in the Winston-Salem area and surrounding counties, and severe injury cases throughout North Carolina. Contact us immediately for a free initial consultation if you or your child was injured.
Demonstrating Fault of the Driver Who Hit You
North Carolina is a contributory negligence state — the defense can avoid paying any damages by claiming that the victim was partially at fault. Our attorneys work to prove that it was the auto driver who was inattentive, speeding, distracted, drunk or violating traffic laws.
If there is severe injury (head trauma, spinal cord injury, amputation, broken limbs) or death, we get professional investigators to the scene as quickly as possible to preserve evidence. Using photos of the vehicles, skid marks, impact marks, glass and debris, as well as witness statements, we reconstruct the collision to prove the negligence of the driver.
Bike Accidents and Pedestrian Injuries to Children
Under state law, a child age 6 or under cannot be found negligent, and for children 7 to 13 there is what is known as a rebuttable presumption that they were not negligent. In other words, a very young child cannot be denied damages being “at fault” for getting run over, and the defense must have solid proof that the actions of an older child made the collision unavoidable.