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Bicycle Accidents & North Carolina Law
North Carolina has some of the best scenery in some of the nicest weather you’ll find anywhere in the country. This combination makes the perfect condition for bicycle riding – something that’s enjoyed by many people all over the state. But sometimes, bicycle rides can turn into bicycle accidents and unfortunately, bicyclists often just aren’t treated fairly by the insurance companies and at times, even in court. Luckily under North Carolina law, bikes are considered to be vehicles, giving them many more options when it comes to collecting compensation for any injuries sustained during a bicycle accident.
Because bicycles are given the same consideration as motor vehicles on the road, they can:
- Ride on any state road, with the exception of the Interstate Highway
- Travel in the middle of a traffic lane, if they can travel at the same speed as surrounding cars; or if the right side of the road is in extreme disrepair and could cause harm or injury to the bicycle and/or bicyclist
- Make left-hand turns, and use the appropriate lane to do so
In addition to having a number of rights on the road, bicyclists also have some responsibilities when they’re considered to be a vehicle on the road. These are:
- Bicyclists must obey traffic laws
- Bicycles must be equipped with a light on the front that’s visible from at least 300 feet away
- Bicycles must be equipped with a light on the back that’s red and is visible from at least 200 feet away at night
- Bicycles must be equipped with a reflective mirror
- Bicyclists must use appropriate hand signals
Still, even with all these precautions, on average North Carolina sees more bikes accidents as a state than the national average.
Types of Bicycle Accidents
Most often, bicycle accidents are a direct result of another motorist’s negligence or misconduct while driving their own vehicle.
Some of the most common types of bikes accidents are:
- Vehicles turn directly in front of a bicyclist, cutting the bicyclist off or hitting them directly
- Vehicles pull out of driveways or parking lots directly in front of bicycles
- Drivers of motor vehicles fail to yield at intersections, or run stop signs or red lights
- Drivers of motor vehicles fail to look both ways after stopping, hitting a bicyclist that they don’t see
Common Bicycle Accident Injuries
Cyclists are particularly vulnerable because they lack the protection of cars, such as airbags or seatbelts.
Here are some of the injuries you may have after a bicycle crash:
- Head injuries
- Facial injuries
- Broken bones
- Road rash
- Dislocations
- Spinal injuries
- Internal injuries
- Sprains and strains
In addition, mental anguish can be another consequence of serious bicycle accidents. A recent study found that cyclists reported high rates of distress after crashes, which are often under-reported.
What to Do After a Bike Accident
As noted above, bike accidents can be traumatic. Thankfully, there are some steps you can take immediately afterward to protect your health, safety, and legal rights. This is important because North Carolina is a contributory negligence jurisdiction. This doctrine says that a person injured in any part due to their negligence may not collect money damages from the party accused of causing the accident.
With that in mind, here are some crucial steps to take after a bike accident:
- Check to see if you have injuries. Prioritize your safety and call for medical assistance if needed. Always see your healthcare provider even if your injuries appear minor because sometimes the symptoms of a soft tissue injury or even a concussion will develop days after the accident. In addition, it creates important documentation for your claim.
- Move to a safe location. If possible and safe, move yourself and your bicycle out of the road to avoid further accidents and injury.
- Call the police. Report the accident to the police. A police report can be valuable evidence if you need to file an insurance claim or pursue legal action later.
- Exchange information. Collect contact information for witnesses who may provide crucial evidence in your case.
- Document the scene. Take photographs or videos of the location of the accident, which may also provide crucial evidence supporting your claim.
- Preserve evidence. Keep any damaged equipment, clothing, or helmets as evidence for your case. Your attorney might advise you not to repair or discard anything until your claim is resolved. You should also hold on to all your medical records.
- Contact a personal injury attorney. Consult an experienced attorney specializing in bicycle accidents so that you understand your legal rights and options. Our team can guide you through filing a claim or pursuing a lawsuit.
- Notify your insurance company. Report the accident to your insurance provider but avoid making detailed statements or admitting fault until you consult an attorney.
Bicycle Accidents & Insurance
Because bicyclists and bicycles are given the same consideration as motor vehicles on North Carolina roads, it’s important to exchange information – especially insurance information – at the scene of the accident. While you may not have insurance as a cyclist, the driver of the motor vehicle most likely does (and will be in bigger trouble if they don’t!) and you need to get all of that information.
Never leave the scene of a bike accident without writing down:
- The driver’s personal information
- The name of the insurance company
- The driver’s insurance policy number
- The phone number of the insurance company
Once you’ve exchanged information and are ready to leave the scene of the accident, seek medical treatment right away for any injuries. You’ll want to document the injuries by taking photographs and keeping medical records, but hold off on phoning the insurance company.
Insurance companies don’t make their money by paying out settlements, and they’ll do everything they can not to give you fair compensation for your injuries. This is where the help of a bike accident lawyer can be very beneficial.
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Although our primary office location is in Wilmington, North Carolina we represent clients nationally and across the state of North Carolina. Some of the many areas we serve are listed below.
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