Call : 704-594-4317
Call : 704-594-4317
North Carolina is considered one of the finest states for cycling, attracting bicycle enthusiasts from around the nation. However, the state also consistently ranks among the most dangerous places in the US for bicycle riders. If you or a loved one has been involved in a bike crash, consulting a Charlotte bicycle accident lawyer can help you understand your legal rights and seek fair compensation for your injuries.
Whether they are riding for pleasure or commuting to work, bicyclists are constantly vulnerable to other motorists who fail to give them the respect they deserve, from neglecting to properly share the road to intentionally operating their vehicles in reckless manner while in proximity to a cyclist.
Compared to occupants of a car, cyclists who are involved in an accident have little protection from the force of an impact after being struck by a car, and many sustain secondary injuries after being thrown from their bikes and striking the pavement or nearby objects. This intense blunt force can cause broken bones, concussions, traumatic brain injuries, spinal damage, disfiguring soft tissue injuries, and lasting psychological trauma.
Whether you are a bicyclist or a motor vehicle driver, it is vital to understand North Carolina’s bicycle laws for your safety and the safety of those around you.
Research shows that the roads only continue to become more dangerous over time, so you should also be aware of the common causes of bicycle accidents and know exactly what to do if you experience an accident. Read on for more information about bicycle accidents, then contact Ayers, Ayers & Dressler immediately if you are injured in such an accident.
Charlotte bicycle accident attorneys have long argued that referring to bicycle collisions as “accidents” is incorrect, as many clients are not injured accidentally. Instead, in an overwhelming majority of cases, cyclists are injured because of drivers who fail to adhere to a reasonable duty of care while traveling on the state’s roadways.
However, “bicycle accident” is the term most often used by the public, and we want to ensure our services are visible to injured cyclists who may be searching online for legal representation. Although we believe semantics do make a difference and that this distinction is important for changing misconceptions about bicycle crashes, we will use the terms “accident” and “crash” interchangeably throughout the following information.
North Carolina law defines a bicycle as a vehicle, which means cyclists have many of the same rights and responsibilities as motor vehicle drivers. Cyclists are expected to demonstrate reasonable care when traveling, but it is not always possible for them to take the same actions expected of motor vehicle drivers.
For example, in some cases, it may be safer or more efficient to ride on a sidewalk or shoulder than riding on the roadway or using the bike lane. In these situations, cyclists must remain as visible as possible, keep a careful lookout, and use signals or other forms of communication to alert drivers of their upcoming actions. The most important North Carolina bicycle laws focus on the following categories.
Anyone who drives a vehicle of any kind on a highway, street, or public vehicular area within North Carolina is prohibited from operating their vehicle while under the influence of an impairing substance. Traveling is also prohibited after consuming enough alcohol to reach a BAC of 0.08% or more or with any amount of a Schedule I controlled substance in their system.
When riding after dark, you must have a white light on the front of your bike and a red light or reflector on the back to ensure motorists can see your movements. Under normal atmospheric conditions, the front light must illuminate a minimum of 300 feet in front of the bike, and the backlight or reflector must illuminate a minimum of 200 feet behind the bike.
North Carolina mandates that anyone under 16 must wear a helmet. Helmets do not protect cyclists from all injuries, but they can significantly minimize the extent of any injuries sustained in a crash.
North Carolina does not require cyclists to travel within bike lanes, and it is possible to ride on the sidewalk in some cities. The law prohibits cyclists from riding on fully controlled-access highways, meaning the DOT has controlled all access points on the highway, and there are no driveways or at-grade crossings or intersections with other roads.
However, in some cases, access points are limited rather than fully controlled, and driveways or side streets may provide the only method for accessing properties. Cyclists must occasionally use those roads.
Bicyclists have the same rights and duties as drivers of motor vehicles under North Carolina law. Bicyclists should ride with the flow of traffic and obey all traffic signals and signs. This means bicyclists must ride in the same direction as traffic, follow all traffic signals and stop signs, stop at red lights, yield when required, and ride at a reasonable speed considering the conditions of the road and weather.
It’s important to signal before turning or stopping when safe to do so and to look behind you before changing lanes or entering an intersection.
Ride as near to the right side of the road as you safely can, but leave enough space between yourself and any parked vehicles, debris, or uneven pavement. You may need to ride farther left when passing another vehicle, getting ready to turn left, or avoiding hazards.
Avoid riding next to parked vehicles, when possible, as this will help you avoid getting hit by an open door. Bicycle riders should exercise due care when approaching motorists and pedestrians. Never ride your bike under the influence of alcohol or drugs.
Although your right to occupy a lane still applies at intersections, you are more likely to be involved in a crash at an intersection than in any other situation, so always take care when turning or merging.
When you approach an intersection, use the rightmost lane that takes you to your destination. Stay on the right side of the lane to allow faster drivers to pass you on your left, and stay on the left side of the lane to allow right-turning drivers to pass you on your right.
North Carolina requires a two-foot passing distance. However, two feet is rarely sufficient for maintaining your balance and avoiding hazards such as wind blasts, splashing water, and flying debris.
In situations where a motorist cannot pass you safely with only two feet of clearance, they are expected to use due caution and circumspection when passing to avoid causing injury. This includes limiting speed and providing more clearance when necessary. You may only pass motorists on the right if traffic has come to a stop in one lane, but the right lane is moving.
Bicycle accidents can be caused by riders or motorists. The most common causes of bicycle crashes resulting from rider error include:
Cyclists are at risk of sustaining injuries from being cut off, hit with a door, struck by a vehicle, or forced off the road. The most common causes of bicycle crashes resulting from other drivers include:
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When bicyclists crash into motor vehicles or other objects, they tend to sustain more serious injuries than passengers inside of motor vehicles. Collisions on local streets such as South Boulevard, Providence Road, and Independence Boulevard often involve large differences in size and speed between the vehicles involved.
According to the North Carolina Department of Transportation’s Crash Facts report for 2024, 35% of the pedal-cyclists killed in crashes were between ages 40 and 59. In the same year, 40 total cyclists were killed.
It is natural to put your hands out when you fall, so cyclists often fracture wrists, elbows, and collarbones. Blunt force impacts can also cause broken ribs, pelvic bones, and legs. Many broken bones require surgery and physical therapy. Some injuries can necessitate staying off your feet entirely for weeks or even months. Serious orthopedic injuries can also cause chronic pain, limited mobility, and arthritis.
Bicyclists’ heads can hit the ground, another vehicle, or objects near the roadway when they are hit. Concussions might cause headaches, dizziness, memory loss, and difficulty concentrating. Traumatic brain injuries can have long-term consequences for brain function. Bike helmets can prevent some head injuries but might not prevent others, such as concussions.
Back injuries can lead to significant damage to spinal discs, vertebrae, and nerves. These types of injuries can lead to chronic pain, numbness, weakness, and paralysis. Diagnosis and treatment can include MRIs, therapy, medication, and possibly surgery. Back injuries can also cause long-term or permanent limitations that affect your ability to earn a living.
Road rash occurs when the skin scrapes against the pavement. Falling from a bike can cause road rash as well as serious soft tissue injuries such as torn ligaments, tendon injuries, and strained muscles. Serious road rash can injure multiple layers of skin and lead to infections and disfigurement. Soft tissue injuries might not show up on X-rays, but they can still cause long-lasting injuries that require extensive therapy.
Like any personal injury case, the plaintiff needs to prove that negligence occurred before pursuing a claim for damages. Four elements must be present in North Carolina negligence claims:
Video footage, business records, vehicle inspections, and police reports can provide evidence of negligence. Police may cite a driver for failing to yield, but video footage can confirm it. If a cyclist is hit by a driver making a turn near Uptown Charlotte, traffic camera footage from the intersection might show whether the driver yielded.
If you are a cyclist injured in a collision with a motor vehicle in Charlotte, NC, the actions you take afterward can have positive or negative effects on a potential personal injury claim. Follow these steps:
If insurance does not resolve your bicycle accident claim, you might file a personal injury lawsuit in North Carolina state court. Mecklenburg County civil cases are filed at the Mecklenburg County Courthouse, located at 832 East Fourth Street in Charlotte, NC 28202. This is unless there is a jurisdiction or venue exception.
The courthouse is located near Uptown Charlotte and close to I-277. Personal injury cases that meet the jurisdictional requirements get heard there. The law requires most negligence-based personal injury claims to be filed within three years of the incident date. There are exceptions to this rule and different statutes of limitations for other types of claims.
If you are hurt while riding your bicycle due to the careless actions of a driver, you may be entitled to compensation for your economic and non-economic damages. Economic damages are tangible losses and expenses, like emergency room visits, hospital stays, rehabilitation, medication, lost wages from being unable to work, and more. Permanent injuries may entitle you to damages for lost future earnings and future medical costs as well.
Non-economic damages compensate injured people for losses that don’t have a specific dollar amount associated with them. These losses include physical pain and suffering, mental anguish, permanent scarring, disfigurement, and loss of enjoyment of life. If your bike is damaged, you may also be entitled to compensation for the value of your bicycle, helmet, and any other personal property that was damaged or destroyed.
The severity of your injuries, evidence proving fault, and available insurance coverage will all factor into how much you can recover.
When you hire a bicycle accident lawyer, they can make sure you are fully prepared to make a valid personal injury claim. In many other states, injured cyclists can still recover compensation even if their actions played a role in the crash.
North Carolina follows a contributory negligence standard, which means that if you shared any fault for contributing to the crash, you may be prevented from recovering compensation from the driver’s insurance to pay for your damages. Even being 1% at fault significantly undermines your claim and your chances of securing adequate compensation.
A Charlotte bicycle accident lawyer has in-depth knowledge of state laws so they can help you identify the unsafe or negligent actions of the driver and argue that any actions you took before the crash were legal according to the rules of the road.
An attorney who represents clients after bicycle crashes knows what factors to focus on in your bike accident case and can help you prepare your claim, including gathering and organizing evidence from police reports, medical records, accident scene photos, and witness testimony.
A bicycle accident attorney in Charlotte, NC also understands the tactics that a driver’s insurance company may use to shift the blame, minimize your damages, or deny your claim and can advocate on your behalf in negotiations with this company to secure a settlement. If the insurance company refuses to offer a fair settlement, they can take your case to court and serve as a powerful advocate for your rights and your interests.
Without a doubt, John Ayers is one of the finest attorneys that I’ve ever dealt with.
You or the bicyclist may be at fault if a bicycle strikes your vehicle, depending on the facts. The cyclist might be liable if they went through a red light or failed to yield the right of way. On the other hand, you could be at fault if you turned without properly checking for oncoming traffic or started your turn and caused the bicyclist to hit your vehicle.
North Carolina law requires any person under 16 years of age riding a bicycle upon a public road, bicycle path, or any other public right-of-way to wear a helmet that is properly situated upon the rider’s head and securely fastened. Adults have no statewide helmet requirement but are encouraged to wear them anyway.
You may be able to file a bicycle claim if the driver leaves the scene. North Carolina law may allow recovery through uninsured motorist coverage available under a victim’s own automobile insurance policy. You should be aware that coverage through this provision is determined by the conditions of the specific insurance policy and various legal requirements. Be sure to contact your insurance provider and file a claim as soon as possible.
In Charlotte, victims of bicycle accidents caused by potholes or other road defects may be able to hold a government agency or other negligent party liable for their injuries. Claims against government entities for injuries sustained on public roads involve additional considerations and are not always permitted.
You may still be able to file a claim against another party that you believe contributed to causing the crash. For any governmental entity or defendant to be held liable, you must prove that they breached a duty legally owed to you with respect to the road defect.
Because North Carolina’s personal injury laws are complex and particularly strict in comparison with other states, it is vital that you understand your responsibilities as a cyclist – not only to keep yourself safe but to file a successful personal injury claim to cover your damages. At Ayers, Ayers & Dressler, our team of Charlotte bicycle accident attorneys has decades of combined experience representing cyclists who have been injured by negligent drivers.
If you were injured in a bicycle crash, contact Ayers, Ayers & Dressler today to schedule a consultation. Our firm has a long record of successful results, and we are dedicated to helping you recover financial support during this challenging time.
When you work with us, you can focus on healing while we take care of filing your personal injury claim and battling with insurance companies. We can protect your rights, aggressively advocate for you in court, and help you secure the compensation you deserve to move forward. Speak with our team today to learn more.
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Security because of a disabling injury or condition.
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