Bicycle Accident Law | Hendren, Redwine & Malone ·

As reported:

Another local bicyclist was struck by a car and injured on Saturday, this time on North Main Street in downtown Davidson. The accident came just a week after another local cyclist was struck from behind while cycling on a rural road in Mount Mourne. Davidson’s police chief Monday offered this reminder: Bicycles have the same status as other vehicles, and drivers and cyclists must share the road.

In the latest incident, cyclist Anna Freuler of Cornelius was finishing up a ride in downtown Davidson just after 11 a.m. Saturday when a driver apparently cut in front of her to pull into a parallel parking spot. As she cycled in the 100 block of North Main Street, in front of the Cats on Main and Cairn Industries storefronts, she ran into the car. Her bicycle went down and hit a second vehicle that was parked, according to police. Witnesses and emergency workers said her head may have struck a wheel or gone under one of the cars.

Ms. Freuler, 30, was taken by ambulance to Carolinas Medical Center in Charlotte, where she was treated for a concussion, a bruised shoulder, and scrapes and bruises.

“I was very, very lucky and I’m healing quickly,” Ms. Freuler told DavidsonNews.net Monday. “I’m still a little shaken up but I hope to be riding again soon.”

[A second bicycle accident also was reported Saturday. Two women bicyclists had minor cuts after colliding with one another at the roundabout at East Rocky River and Davidson-Concord Roads, according to emergency personnel who were at the scene. No vehicles were involved.]

Saturday’s crash came just a week after an even more serious open-road crash on Faith Road in Mount Mourne that left a Davidson woman with life-threatening injuries. (See July 5, “Local cyclist struck by SUV, badly hurt on Faith Road.” Julie Zimmerman, who lives in the McConnell neighborhood, was flown to the hospital in Charlotte with spinal fractures, a punctured lung and other injuries.

Another Davidson woman later was charged with careless and reckless driving in the incident, in which the woman’s SUV struck Ms. Zimmerman from behind.

UPDATE ON JULIE Z.

Ms. Zimmerman is still hospitalized, but “is doing fantastically well,” her husband said Monday. Matt Zimmerman, a local chiropractor, said Julie was moved into a Mount Holly rehabilitation center over the weekend and is now walking with the aid of a walker, just a week after the accident.

“She’s up and about with a walker,” Dr. Zimmerman said. “To be going from being on the ground … almost dead, to walking with a walker … doctors are pretty taken with her amazing recovery.”

Meanwhile, those accidents, plus others in recent months across the area, have many people in the region taking a fresh look at bicycle safety.

Dr. Zimmerman said he heard from two fellow cyclists this weekend who told him they’ve observed drivers being more careful, giving them “a wider berth on the road.”

CHIEF: SHARE THE ROAD

Meanwhile, Davidson Police Chief Jeanne Miller offered this clarification of the rights of drivers vs. bicyclists:

“Keep in mind that bicycles have the legal status of a vehicle. This means that bicyclists have full rights and responsibilities on the roadway and are subject to the regulations governing the operation of a motor vehicle. There is no law that requires bicyclists to ride single file, nor is there a law that gives cyclists the right to ride two or more abreast. It is important to ride responsibly and courteously, so that cars may pass safely.

“Sharing the road (and having patience) is key to safety for both the driver of a motor vehicle and the cyclist. Taking the time to slow and wait for a safe distance to open up to pass, and giving the cyclists plenty of room is very important,” the chief said.

LAKE NORMAN EXCURSION

Recent accidents also have added a new twist to this weekend’s annual Lake Norman Excursion, a series of 10-mile to 100-mile bicycle rides around the Lake Norman area that begin and end at Lowe’s Corporate Center in Mount Mourne.

Organizers and folks from Cool Breeze Cyclery in Moorsesville are planning to use the ride to help raise awareness about cyclists on the road. They’ll be handing out large “share the road” stickers bearing Julie Zimmerman’s “JZ” initials that can be worn on the back of riders’ jerseys.

Reports are that a Davidson, North Carolina bicyclist was seriously injured in a wreck with an SUV.  The bicyclist was seriously injured on Sunday, July 4, when she was struck by an SUV while riding on Faith Road in Mount Mourne, just north of Davidson. She was in intensive care at Carolinas Medical Center in Charlotte on Monday with a fractured spine, punctured lung, but was “hanging in there,” her husband says.

Julie Zimmerman, an avid runner and cyclist who lives in the McConnell neighborhood, was on a solo ride around 1 p.m. Sunday when the incident occurred.

Trooper M. Childres of the N.C. Highway Patrol said she was eastbound on Faith Road, which runs between N.C. 115 and Shearers Road. A driver in a Toyota Land Cruiser that was also eastbound came up behind Ms. Zimmerman and struck her, the trooper said.

She was taken by ambulance to Lake Norman Regional Medical Center in Mooresville, but her injuries were so serious that she was immediately flown by Medic helicopter to Carolinas Medical Center in Charlotte, the trooper said.

Trooper Childres said no charges have been filed in the crash, which remains under investigation. He said word of any charges could come later this week.

Ms. Zimmerman’s husband, Matt, said he doesn’t know any more about the details of the accident, other than what witnesses told police.

He has been keeping fellow cyclists updated about her condition. He told DavidsonNews.net Monday that her spine is fractured in two places, she has broken ribs and a punctured lung, and cuts on her head and knee.

If you have a question about a North Carolina bicycle wreck, please call the attorneys at Hendren and Malone, PLLC.

BRUNSWICK COUNTY, NC (WMBF) – The North Carolina State Highway Patrol is actively investigating an accident between a Brunswick County sheriff’s deputy and teen bicyclist.

Sgt. April Gause, spokeswoman for the Brunswick County Sheriff’s Department, said the collision occurred Wednesday around 9:15 p.m. along Danford Road. Gause said Deputy Andrew Lentz was driving a county vehicle when it hit a 14-year-old bicyclist.

Officials said the boy was transported to New Hanover Regional Medical Center and later released without serious injury. The deputy was treated and released from Dosher Memorial Hospital.

The North Carolina State Highway Patrol and Brunswick County Sheriff’s Office have both opened an investigation into the collision. No charges have been filed.

An interesting article about how a bike accident expert can help win a case:

Asheville bike-accident expert helps win tough legal suitPosted by Jeff Fobes in News | 5 hours, 34 minutes ago

“To cover all bases, Bergenn retained James M. Green, of Asheville, N.C., author of “Bicycle Accident Reconstruction for the Forensic Engineer.” Green heads an engineering firm focusing on cycling accidents. ‘He knows everything that can go wrong with bikes,’ said Bergenn. ‘We had him in case we needed him,’” goes the story in Connecticut Law Tribune, entitled “Bike Crash Case Has Lessons For Reluctant Lawyers.”

It was bad enough that Peter Serratore sustained life-changing injuries in a bicycle accident six years ago. Complicating his problem was the fact that his mishap was caused by a highway defect.

“Most personal injury lawyers will simply not take this kind of case,” said Serratore’s attorney, Shipman & Goodwin’s James Bergenn.

Unlike other negligence cases, the state’s highway defect statute bars recovery unless the plaintiff can show the state-caused defect was the “sole proximate cause” of the accident. Such cases are widely viewed as futile. …

As reported by the Raleigh News and Observer, a new state legislation to have them ride no more than two abreast on the highway – and, when car drivers are itching to get past them, to squeeze into single file.

If you have a bike injury or accident case, contact the North Carolina bike lawyers at Hendren and Malone, PLLC.

Reports indicate that a bicyclist in Burlington was injured Sunday when he collided with an SUV near Heather Road.  Click here for the story.

It is unclear to me how this wreck happened.  Under North Carolina law, bicycles are considered vehicles and are given the right to use the roads and highways.  Hopefully, this young man will be OK.

From the Salisbury Post, an interesting editorial regarding the right of bicycles to use the roads of North Carolina.

Around 7:30 on Wednesday night, police say 21-year-old Daniel Burton Wilson allegedly drove his SUV into a group of about 15 cyclists. They were out for their weekly ride in Cabarrus County. Four cyclists were taken to the hospital with injuries ranging from concussion to broken collarbone. They all survived. Wilson drove away, but later that night turned himself in to the highway patrol.  For the story  click here.

In an interesting story, a Davidson County bicyclist is seeking witnesses to a wreck with an SUV.  The bicyclist, Vincent Burham, received a ride home from the wreck scene in the SUV but was too dazed to get the driver’s name.  Now, the bicyclist has learned he has a broken jaw and mounting medical bills.

This is an interesting case.  Even if the SUV driver isn’t found, there may be ways to have some of the medical bills covered.  If you have a question about a bicycle accident, call Mike Malone at Hendren and Malone to discuss your case.  Click here for the story.

The following story about children and bike safety is from the Wilkes County Journal-Patriot.

WHAT A GREAT IDEA FOR KIDS….

Children and parents from all over Wilkes County turned out for the eight annual Seth Teague Bike Rodeo held Saturday at West Park in North Wilkesboro. The event was organized by Safe Kids Wilkes County. The eighth annual Seth Teague Memorial Bicycle Rodeo and Safety Day drew a crowd Saturday to West Park in North Wilkesboro. The event was again put on by Safe Kids Wilkes County. “It was wonderful,” said Fletcher Reeves, a member of Safe Kids Wilkes County. “This was one of the best years so far” at the event, which lasted from 10 a.m. to 1 p.m.
Around 250 bicycle helmets were given away to children in attendance, accompanied by parents and family members. Girl Scouts assisted with fitting and adjusting the helmets, Reeves noted.

Children of all ages participated, riding through a bicycle safety course under the watchful eyes of law enforcement volunteers. The volunteers instructed participants in safe bicycling riding practices.

The idea is to put on a fun event for children during which they can be instructed on bicycle safety and the importance of wearing a helmet and other protective gear, a spokesman said. The most devastating injuries sustained by children on bicycles tend to be head injuries.
The event is named in honor of young Seth Teague, who lost his life in a June 2003 bicycle accident at a bridge on Colvard Road in the Wilbar community.
Free bicycle maintenance inspections and repairs were provided throughout Saturday’s event by Cook’s Inc., and a bicycle safety course was operated by deputies with the Wilkes Sheriff’s Department.
Emergency medical evacuation helicopters were present from Carolinas Medical Center in Charlotte and Wake Forest University Baptist Medical Center in Winston-Salem. A critical care ambulance from Baptist was also on display.
Members of the Wilkes Sheriff’s Department’s bomb squad, including Commander Doug Cotton, were also on hand to display equipment and answer questions.
Many of Wilkes County’s fire departments brought trucks and various emergency vehicles to the event. Wilkes Rescue Squad and Wilkes EMS were there as well.
During the day, there was a silent auction sponsored by Lowe’s Home Improvement Warehouse. Proceeds are going to Safe Kids Wilkes County.
Sponsors were Lowe’s Companies Inc., Walmart, Cook’s Inc., Wilkes County Firemen’s Association, Wilbar Fire Department, Brushy Mountain Cycle Club and the Wilkes County Law Enforcement Officers Association.
The Wilkes Health Foundation allowed use of the West Park parking area for the event.