Bicycle Accident Law | Hendren, Redwine & Malone ·

On Wednesday there were special rides to honor victims of bicycle accidents across the country.  These rides, called Rides of Silence, were also intended to bring awareness to bicyclists injured or killed.

Here is a link to the national Ride of Silence website which provides information about the program and how to buy ride related merchandise.

On Sunday evening at around 7:30 pm two children were injured in a bicycle accident in Winston-Salem, NC.

The accident happened on Tise Avenue when the two children exited a driveway and began riding on the road.  A woman driving a Chevrolet Malibu then struck the two children.  It is not clear if the woman will be charged in the accident.  both children were transported to Wake Forest Baptist Hospital for medical treatment of non-life-threatening injuries.

Read more on this accident.

This is a scary case for the family of the children.  From a legal perspective, it is an interesting case.  First, North Carolina law allows the children the right to use the roadway on their bicycles.  Second, when children are riding at or near a roadway, North Carolina common law requires that drivers of on-coming vehicles exercise an even higher level of care due to the presence of children.  This common law would not necessarily mean that the driver was guilty of a crime but may result in civil liability for the injuries to the children.

If you have a question about a Winston-Salem bicycle accident, contact the lawyers at Hendren & Malone for a free consultation.

The recent bicycle death of noted Raleigh businessman Chris Mangum has sparked significant internet debate about the rights of bicyclists on the roadways of North Carolina.

In this accident, Mr. Mangum was riding on Lassiter Mill Road from North Hills towards Root Elementary School.

While riding on Lassiter Mill Road, a car driven by a retired local surgeon turned into Mr. Mangum’s path resulting in fatal injuries.

Following this accident, the internet has been ablaze with comments ranging from “the bikers don’t get . . .why would you put yourself on a busy road and then ask cars moving 45-55 mph to share the road with you” to “Bikes should not be on the roads”.

The laws of North Carolina are clear – bicyclists have the same rights to use the road as a motor vehicle.  Bicycling should be a safe and environmentally friendly way to get around without the fear of motor vehicles ingoring the rights of the bicyclist.  In the case of children bicyclists, the situation is even more profound.  Learning to ride a bicycle is a right-of-passage for many young people.

So what do we do to protect bicyclists?  Certainly more bike lanes are helpful but they require the use of tax dollars.  Greenways are excellent and I ride with my children on the Raleigh Greenway regularly.  However, not everyone has ready access to the Greenway system and the Greenways can be crowded with pedestrians who take priority over bicyclists (as is the case with sidewalks as well).

Simply, riding bicycles on the roadways must be allowed and motor vehicles must be more aware of bicyclists to avoid these types of tragic accidents.

I was recently discussing a New York Times article about recent study study on bicycle safety in Manhattan with my colleague and fellow bicycle accident attorney Jonathan Rosenfeld. Without stating the obvious, cyclists and taxi drivers are often competing for the same curbside space, and that has led to cabs being responsible for a disproportionate number of bike accidents. In fact, the majority of all taxi cab accidents in New York City are bicycle related.

Taxis and the Danger to Cyclists

In response to rising cyclist injury rates, the city began to research the problem and came up with some surprising revelations. The new bike accident statistics show that taxis account for 40 percent of all cycling injuries in the city and entirely explain the increase rate of bike accidents. Taxi cab accidents aside, the rates would be right in line where the city would expect them to be after taking into account current population and other factors.

It is worth noting that these new statistics only account for cyclists who made it to the hospitals. Those that died on the scene are not accounted for, and those numbers make the situation look even more dire.

The Pedestrian Comparison

To put the danger to cyclists in perspective, consider that only 25 percent of NYC pedestrian accidents are attributable to taxis. Furthermore, more than 80 percent of all cyclists are going with the flow of traffic, which should reduce their risk. Pedestrians, on the other hand, are often going against the flow of traffic or cutting across it via crosswalks and the like.

The Helmet Factor

It is worth noting that while Manhattan does require its cyclists to wear helmets, less than a third does. This statistic does not diminish the taxi drivers’ responsibility in this matter; however, if the majority of cyclists were wearing helmets, it would likely significantly reduce the injury statistics.

Necessary Measures

The statistics show that new measures are necessary, possibly including new laws. First and foremost, Manhattan requires bike lanes. While it does have some, it does not have nearly the amount needed. Some streets have no bike lanes at all, and on many streets that do, the bike lanes aren’t wide enough to support the traffic volume. The city also needs better awareness for cab drivers, stricter penalties for hitting cyclists and greater enforcement of helmet laws.

While we look to improve bicycle safety in all of our towns and cities, it certainly helps when situations like this are discussed by motorists and cyclists alike. For more information on bicycle laws and safety, you may wish to take a look at Jonathan’s Chicago bike accident website www.chicagobikeinjurylawyers.com.

Bicyclist Edwin Fort and another bicyclist were apparently riding along N.C. Highway 80 near Lake James when a motorcycle coming in the other direction crossed the centerline and struck the two bicyclists.

The accident happened on Saturday afternoon around 5:30 pm.  It is not clear what caused the motorcyclist to cross the centerline but the impact of his motorcycle was significant enough to cut one of the bicycles in half.  The NC State Highway Patrol is investigating.

A new group called the Outer Banks Bicycle and Pedestrian Safety Coalition has been formed to make the Outer Banks area safer for bicyclists and pedestrians.  According to the group, near 50 pedestrians and bicyclists are injured or killed every year on the Outer Banks.  The hope of the new group is to provide public safety, education, and outreach to reduce these numbers to zero.

Read more on this important Outer Banks group.

If you or a family member have been involved in an Outer Banks bicycle or pedestrian accident, contact the lawyers at Hendren & Malone for a free consultation.  Our lawyers focus on helping bicycle accident victims across the State of North Carolina form our home office in Raleigh.

A serious bicycle accident at Pilot Mountain, NC on Friday afternoon has resulted in injuries to bicyclist Jeffrey Hooks.

The details of this serious bicycle accident are not clear.  Reports indicate that Mr. Hooks was riding downhill and collided with a car headed up the mountain.  Mr. Hooks then became trapped beneath the car.  Unfortunately, reports indicate that he has serious injuries.

The news accounts of this accident do not indicate who is at fault for causing this serious accident.  However, the law of North Carolina allows Mr. Hooks full use of the travel lane as if he was a car.  If the other driver did not afford Mr. Hooks full use of the travel lane, it would appear that the other driver would be at fault.

Read more on this serious accident.

A terrible bicycle accident has claimed the life of Russell Powell.

The accident happened on Tuesday evening on N.C. Highway 41 near Trenton, N.C.  Apparently, Mr. Powell was struck from behind by a Toyota Camry.  Following that accident, Mr. Powell was then hit by another vehicle that apparently was not aware that Mr. Powell was lying in the roadway.  The accident remains under investigation by State Highway Patrol officers.

The limited information on this accident does not provide any indication as to who was at fault.  It is also not clear whether Mr. Powell’s bicycle had the required reflectors on the rear of the bicycle.  Hopefully, NC State Highway Patrol investigators will provide answers to these important questions.

Read more on this N.C. bicycle accident.

A gentlemen named Bobby Ray Hunt has died from injuries sustained when he was hit from behind while riding his bicycle near Maxton, NC.

The accident happened on Sunday on N.C. 71 about one mile north of Maxton.  Mr. Hunt was apparently traveling south on N.C. 71 when he was struck from behind by a 2013 Chevrolet.  The driver of the Chevrolet has been charged with misdemeanor death by motor vehicle.

Read more on this bicycle accident.

A terrible accident on Saturday evening has claimed the life of another North Carolina bicyclist.

This accident happened in Union County, NC on Unionville-Indian Trail Road.  Apparently, driver Jason Orbison was impaired when he struck bicyclist Joshua Stone.  Mr. Orbison then fled the scene but was arrested a short time later at his nearby home.

Read more on this serious NC bicycle accident.