Bicycle Accident Law | Hendren, Redwine & Malone ·

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.

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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.

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.

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.

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.

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.

A gentleman named Leonard Cooke, Jr. was tragically killed in bicycle accident on NC 268 West near Wilkesboro, NC when he was hit from behind by a 2008 Nissan.  According to available information, Mr. Cooke was riding a bike on NC 268 at around 6:30 pm when the Nissan hit him near the Goshen community.  Mr. Cooke initially survived the collision and was transported to Wake Forest Baptist Hospital for care.  Sadly, Mr. Cooke ultimately passed away from his injuries.

The driver of the Nissan was charged with misdemeanor death by motor vehicle.

Read more about this tragic accident.

A young woman was tragically killed on Monday in Wilmington, North Carolina in an accident involving a bicycle and a tractor-trailer.  The accident happened at around 5:30 p.m. near the intersection of 17th Street and College Road.

Wilmington Police are still investigating this terrible accident and are asking that anyone with information contact the police department.

This area of Wilmington is known for very heavy traffic, particularly at rush hour.  It would seem likely that there would be several witnesses to this accident.  However, at this time, there is very little information known about how this accident happened.

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A gentleman bicyclist named Bryan Goforth was killed on Wednesday in Raleigh, North Carolina by a driver who was allegedly impaired and who also fled the scene of the accident.

The accident occurred near the intersection of Western Boulevard and Carolina Avenue in the western part of Raleigh at around 11:30 p.m.  According to available information, the driver of the vehicle, who is from Cary, hit Mr. Goforth and fled the scene but was later arrested near the intersection of Cross Link Road and Hadley Road.  The driver was charged with texting while driving, having an open container in her vehicle, felony hit and run, felony death by motor vehicle, and driving while intoxicated.

Mr. Goforth was 56 years old.

This is another tragic bicycle case that should have been prevented had the driver of the vehicle followed the laws of North Carolina.  In cases such as this, the driver of the vehicle would certainly appear to be liable for the wrongful death of Mr. Goforth.  Since the driver was impaired, there is the possibility of liability on the part of a restaurant or bar that may have served her alcohol and this aspect of the case should certainly be investigated as well.

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A gentleman named Joseph Grubbs was seriously injured on Wednesday, October 26, 2016, in a hit and run bicycle accident in Raleigh, North Carolina.

The accident happened on Glenwood Avenue near the intersection with Ebenezer Church Road.  According to available information, Mr. Grubbs was hit from behind and the driver then fled the scene.

As a result of the collision, Mr. Grubbs was seriously injured and taken to Wakemed in Raleigh for treatment.

As of the last published information about this wreck, police were still looking for the driver of the vehicle that hit Mr. Grubbs.  Anyone with information about this accident is asked to call Raleigh Crime Stoppers at 919-834-HELP or visit raleighcrimestoppers.org.

Read more about this serious accident.

For more information about the rights of victims of hit-and-run drivers, please visit our information page on hit-and-run accidents.