Archive for the ‘North Carolina Bicycle Wrecks’ Category

Bicyclist Ronald Hussey Killed in Moore County NC Accident

A gentleman named Ronald Hussey was tragically killed following an accident with a car on Tuesday near Robbins Crossroads in Moore County, North Carolina.  The accident happened on NC Highway 705 not far from the intersection with NC 24/27.

According to available information, the accident happened when an approaching car struck Mr. Hussey.  The driver of the car claims that the sun was in her eyes and she did not see Mr. Hussey.  Whether this is true or not is hard to say.  However, under North Carolina law, this would not be a valid excuse for not seeing a bicyclist such as Mr. Hussey.

Mr. Hussey initially survived the wreck but later passed away at the trauma center at UNC Hospitals in Chapel Hill.  he was 65 years of age.

Read more on this serious bicycle accident.

Hendren, Redwine & Malone posts this article to allow people who visit our website access to stories and information that might be of interest and, where appropriate, to make decisions about matters that may improve their lives. By posting this article, Hendren, Redwine & Malone makes no representations as to any relationship we may have with any of the individuals or businesses that are discussed in the article. If you are a family member of someone discussed in this article and have some concerns about the posting of this article, please contact us immediately. This post is an advertisement for legal services.

If you or a family member were involved in this incident and have questions about your legal rights, please call Hendren, Redwine & Malone and ask to speak with Mike Malone. You can also send an email to Mike Malone by using the message box on the right. We typically respond within an hour of receiving a message.

 

Camden County NC Bicyclist Killed in Accident

A gentleman riding his bicycle on US 17 near Keeter Farm Road in Camden County, North Carolina was killed in an accident on Sunday.  The accident occurred at around 5:00 pm as the bicyclist rode southbound on Highway 17.

According to available information, a car also traveling southbound lost control and struck the bicyclist.  The bicyclist, who was 81 years old, did not survive.  The driver of the car has been charged with misdemeanor death by motor vehicle and failure to maintain lane control.

Read more about this tragic accident.

Hendren, Redwine & Malone posts this article to allow people who visit our website access to stories and information that might be of interest and, where appropriate, to make decisions about matters that may improve their lives. By posting this article, Hendren, Redwine & Malone makes no representations as to any relationship we may have with any of the individuals or businesses that are discussed in the article. If you are a family member of someone discussed in this article and have some concerns about the posting of this article, please contact us immediately. This post is an advertisement for legal services.

If you or a family member were involved in this incident and have questions about your legal rights, please call Hendren, Redwine & Malone and ask to speak with Mike Malone. You can also send an email to Mike Malone by using the message box on the right. We typically respond within an hour of receiving a message.

Mona Nunez Seriously Injured in Havelock NC Bicycle Collision

A woman named Mona Nunez was seriously injured in a bicycle accident in Havelock, North Carolina early Tuesday morning.  The accident happened on US Highway 70 near Old Cherry Point Road at around 7:30 a.m.  According to available information, a man driving a 2005 Chrysler ran off the side of the road and hit Ms. Nunez while she was riding her bicycle.

The driver of the Chrysler was charged with several crimes including driving while license revoked, careless and reckless driving and unsafe tires.  It is not clear whether the driver had insurance that may help Ms. Nunez with her medical bills and other damages from this collision.

Ms. Nunez was transported by air ambulance to Vidant Medical Center in Greenville.

Read more about this serious Havelock NC bike accident.

Hit and Run Driver Sentenced For Hitting Asheville NC Bicyclist

A serious accident involving a hit and run driver and a bicyclist in 2016 in Asheville, North Carolina has resulted in the driver receiving a sentence of over one and a half years in jail.  The accident happened early in the morning of November 20, 2016 on Hendersonville Road near the I-40 interchange.  According to available information, a man named Joseph Henry hit bicyclist Anthony Leyva from behind and then fled the scene.  Mr. Henry was ultimately apprehended and charged with numerous crimes.  He pled guilty to felony hit and tun, speeding, possession of marijuana, and possession of marijuana paraphernalia.

Mr. Levya was very seriously injured in the accident and spent several months in a coma.

Read more about this case.

This guilty plea seems to have been unavoidable for the driver of the car.   The guilty plea does typically qualify as an admission of fault for any civil case that Mr. Leyva may have against the driver for his injuries.  This may be little consolation for Mr. Leyva who apparently suffered very serious injuries due to this accident.  Hopefully, he is on his way to recovery.

Hendren, Redwine & Malone posts this article to allow people who visit our website access to stories and information that might be of interest and, where appropriate, to make decisions about matters that may improve their lives. By posting this article, Hendren, Redwine & Malone makes no representations as to any relationship we may have with any of the individuals or businesses that are discussed in the article. If you are a family member of someone discussed in this article and have some concerns about the posting of this article, please contact us immediately. This post is an advertisement for legal services.

If you or a family member were involved in this incident and have questions about your legal rights, please call Hendren, Redwine & Malone and ask to speak with Mike Malone. You can also send an email to Mike Malone by using the message box on the right. We typically respond within an hour of receiving a message.

Keona Phelps Injured in Selma, North Carolina Bike Accident

A young woman named Keona Phelps suffered serious injuries after she was hit while riding her bicycle in Selma, North Carolina on Sunday.  The accident happened around 10:30 am on Preston Street.  According to available reports, Ms. Phelps was hit by a Chevy Astro van that drug her and her bike about 79 feet.

The driver of the van reportedly had a strong odor of alcohol and admitted to drinking several beers that day.  The driver has been charged with driving while impaired and felony causing serious injury with a motor vehicle.

Ms. Phelps was taken to a local hospital for treatment.

Read more about this serious bicycle accident.

Hendren, Redwine & Malone posts this article to allow people who visit our website access to stories and information that might be of interest and, where appropriate, to make decisions about matters that may improve their lives. By posting this article, Hendren, Redwine & Malone makes no representations as to any relationship we may have with any of the individuals or businesses that are discussed in the article. If you are a family member of someone discussed in this article and have some concerns about the posting of this article, please contact us immediately. This post is an advertisement for legal services.

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Keona Phelps Seriously Injured After Hit in Selma, North Carolina

A young woman named Keona Phelps suffered serious injuries after she was hit while riding her bicycle in Selma, North Carolina on Sunday.  The accident happened around 10:30 am on Preston Street.  According to available reports, Ms. Phelps was hit by a Chevy Astro van that drug her and her bike about 79 feet.

The driver of the van reportedly had a strong odor of alcohol and admitted to drinking several beers that day.  The driver has been charged with driving while impaired and felony causing serious injury with a motor vehicle.

Ms. Phelps was taken to a local hospital for treatment.

Read more about this serious bicycle accident.

Hendren, Redwine & Malone posts this article to allow people who visit our website access to stories and information that might be of interest and, where appropriate, to make decisions about matters that may improve their lives. By posting this article, Hendren, Redwine & Malone makes no representations as to any relationship we may have with any of the individuals or businesses that are discussed in the article. If you are a family member of someone discussed in this article and have some concerns about the posting of this article, please contact us immediately. This post is an advertisement for legal services.

If you or a family member were involved in this incident and have questions about your legal rights, please call Hendren, Redwine & Malone and ask to speak with Mike Malone. You can also send an email to Mike Malone by using the message box on the right. We typically respond within an hour of receiving a message.

Bicyclist Clayton Matthews Injured in Wilkes County NC Hit and Run Collision

A gentleman from Florida named Clayton Matthews was riding his bicycle along NC Highway 16 near the Ashe County line last Friday when he was hit by a driver who then fled the scene.

The driver of the vehicle was apparently towing a trailer and the trailer may have caused the impact with Mr. Matthews.  This fact may be significant because the trailer may have additional insurance coverage that could help Mr. Matthews with his medical bills and other losses.

The driver of the was apprehended by police only because an eyewitness to the collision followed the driver and called 911.   A subsequent search of the vehicle revealed that the driver was transporting significant quantities of illegal drugs.  The driver has been charged with multiple crimes.

Mr. Matthews was seriously injured and ultimately transported to Wake Forest Baptist Hospital in Winston-Salem for treatment.  We certainly hope that he can recover from his injuries.

Read more about this serious bicycle accident.

Hendren, Redwine & Malone posts this article to allow people who visit our website access to stories and information that might be of interest and, where appropriate, to make decisions about matters that may improve their lives. By posting this article, Hendren, Redwine & Malone makes no representations as to any relationship we may have with any of the individuals or businesses that are discussed in the article. If you are a family member of someone discussed in this article and have some concerns about the posting of this article, please contact us immediately. This post is an advertisement for legal services.

If you or a family member were involved in this incident and have questions about your legal rights, please call Hendren, Redwine & Malone and ask to speak with Mike Malone. You can also send an email to Mike Malone by using the message box on the right. We typically respond within an hour of receiving a message.

North Carolina Bike Passing Law

In 2016, North Carolina passed a new law for passing a bicycle on the road. The new law is in the statutes at N.C.G.S. 20-150(e).

The law reads:

The driver of a vehicle shall not overtake and pass another on any portion of the highway which is marked by signs, markers or markings placed by the Department of Transportation stating or clearly indicating that passing should not be attempted. The prohibition in this section shall not apply when the overtaking and passing is done in accordance with all of the following:
(1) The slower moving vehicle to be passed is a bicycle or a moped.
(2) The slower moving vehicle is proceeding in the same direction as the faster moving vehicle.
(3) The driver of the faster moving vehicle either (i) provides a minimum of four feet between the faster moving vehicle and the slower moving vehicle or (ii) completely enters the left lane of the highway.
(4) The operator of the slower moving vehicle is not (i) making a left turn or (ii) signaling in accordance with G.S. 20-154 that he or she intends to make a left turn.
(5) The driver of the faster moving vehicle complies with all other applicable requirements set forth in this section.

So what does this law do for bicyclists? Not much in our opinion. Previously, a vehicle could not legally pass a bicycle in a no passing zone. Now, a vehicle can pass a bike (or moped) in a no passing zone provided the vehicle gives at least four feet of space when passing. However, a vehicle can still pass a bicycle in a passing zone with only two feet of space. Does that make sense? We think not.

While it is certainly helpful to require that a vehicle provide at least four feet of space when passing, allowing a vehicle to travel into the on-coming lane of a no-passing zone can be very dangerous.  No passing zones frequently exist for valid reasons such as a blind curve or a rise in the roadway.  This new law would seem to promote some dangerous situations for both vehicles and bicyclists.

North Carolina Bike Head Light and Tail Light Law

In 2016, North Carolina passed a new law that requires specific lighting for bicycles operating at night.  This law went into effect on December 1, 2016 and is in the books as N.C.G.S. 20-129(e).

The law reads:

Lamps on Bicycles. – Every bicycle shall be equipped with a reflex mirror on the rear and both of the following when operated at night on any public street, public vehicular area, or public greenway:

(1)        A lighted lamp on the front thereof, visible under normal atmospheric conditions from a distance of at least 300 feet in front of such bicycle.

(2)        A lamp on the rear, exhibiting a red light visible under like conditions from a distance of at least 300 feet to the rear of such bicycle, or the operator must wear clothing or a vest that is bright and visible from a distance of at least 300 feet to the rear of the bicycle.

Many attorneys who have discussed this law have expressed an opinion that this law will help bicyclists.  We disagree.  We certainly agree that this law will likely make bicyclists more visible to on-coming vehicles and that should lead to fewer accidents at night.  However, many bicyclists may not be aware of this change in the law.  In order to comply with this law, a bicyclist will need to purchase new lighting for the bicycle or purchase specific clothing that has the required reflective visibility.  These items are not cheap and may not be available to all bicyclists.

The previous law for North Carolina bicyclists did require a front headlight similar to the new law.  However, the previous law only required a reflector on the rear (but gave the option of also having a rear taillight).  We have worked with many expert accident engineers in nighttime rear-collision bicycle cases.  In these cases, we have found that a rear-facing reflector provides adequate notice of the bicycle to an on-coming driver.  The requirement of a rear facing light is not necessary and has created an unreasonable requirement for bicyclists.

As lawyers who have represented dozens of bicycle accident victims, we are aware that insurance companies will do everything possible to blame the bicyclist for an nighttime accident.  If someone is operating a bicycle at night and gets hit from the rear, we are certain that the first issue the insurance company will raise is whether there was a rear-facing taillight.  If there was no rear-facing taillight, we can also be certain that the insurance company will deny the claim regardless of whether the bicycle was otherwise visible.  This law gives the insurance company one more reason to blame the bicyclist for a nighttime accident.

We believe this law should not form the basis of a denial of a claim for a nighttime bicycle accident if the bicycle was otherwise visible to the on-coming driver.  How this law is applied in court has yet to be determined.

Impaired Driver Kills Bicyclist in Supply, North Carolina Wreck

A young man named Daniel Fetner was riding his bicycle near Supply, North Carolina on Wednesday when a man driving a car ran off the road and hit him.  Daniel Fetner, who was 17 years old, did not survive the impact with the car.  The driver of the car has been charged with numerous crimes including felony death by motor vehicle, driving while impaired, and failure to reduce speed.

Read more about this tragic accident.

This is a terrible accident which clearly could have been prevented.  Hopefully, the driver has sufficient insurance to help the Fetner family with this tremendous loss.

Hendren, Redwine & Malone posts this article to allow people who visit our website access to stories and information that might be of interest and, where appropriate, to make decisions about matters that may improve their lives. By posting this article, Hendren, Redwine & Malone makes no representations as to any relationship we may have with any of the individuals or businesses that are discussed in the article. If you are a family member of someone discussed in this article and have some concerns about the posting of this article, please contact us immediately. This post is an advertisement for legal services.

If you or a family member were involved in this incident and have questions about your legal rights, please call Hendren, Redwine & Malone and ask to speak with Mike Malone. You can also send an email to Mike Malone by using the message box on the right. We typically respond within an hour of receiving a message.