North Carolina Bicycle Accident Lawyer

When handling a bicycle accident claim in North Carolina, you must understand the laws governing cyclists in the state. Your lawyer can explain these laws and ensure your rights are protected.

These laws are rooted in the Bicycle and Bikeway Act of 1974, which establishes the legal framework for cyclist safety and accountability. The legislation highlights the significance of bicycles for transportation, expressing that North Carolina aims to support and enhance safe bicycle usage for both commuting and leisure activities, as well as to facilitate the construction of a wide network of bike paths throughout the state (N.C. Gen. Stat. § 136-71.6).

Here are the key bicycle laws that can potentially impact your case:

• Bicycles as Vehicles: Bicycles are classified as vehicles under N.C. Gen. Stat. § 20-4.01(49), offering cyclists similar rights and responsibilities as car drivers, including the right to use the full lane when necessary.

• Riding on the Right: Cyclists should ride as close as possible to the right edge of the road. However, it is okay to move away from the curb when you are passing another vehicle to avoid obstacles.

• Helmet Requirements: Cyclists under 16 must wear a properly fitted helmet when riding on public roads, paths, or rights-of-way. Parents or guardians may face fines for non-compliance.

• Lighting and Reflectors: Bicycles ridden at night must have a front white light visible from 300 feet, a rear red reflector or light visible from 200 feet, or reflective clothing visible from 300 feet.

• Signaling and Stopping: Cyclists must signal turns or stops at least 100 feet before the action and completely stop at stop signs and red traffic signals.

• Impaired Driving: Driving while impaired (DWI) laws apply to cyclists, prohibiting riding with a BAC of 0.08 or higher.

• Safe Passing Law: Motorists must maintain at least 4 feet of clearance when passing a cyclist or fully entering the opposite lane. Passing is prohibited at intersections, curves, or hills with limited visibility.

• Crash Reporting: If a cyclist gets into a crash that involves damage of property worth over $1,000, injury, or death, they must stop and stay at the scene. They also need to call the police for official incident reporting.

• Sidewalk Riding: Riding on sidewalks is prohibited in business districts, and local ordinances may further restrict sidewalk cycling.

• Prohibited Areas: Bicycles are not allowed on fully controlled access highways, such as interstates, except for specific routes like the US 17 bridge over the Chowan River.

Maginnis Howard’s injury attorneys can leverage North Carolina’s bicycle laws to obtain favorable outcomes for our clients. Our deep understanding of these statutes allows us to build compelling cases that hold negligent drivers accountable. For example, if you were struck by a motorist who failed to provide the required 4-foot passing clearance, we can argue that the driver violated N.C. Gen. Stat. § 20-176. We boast the ability to meticulously apply the law and challenge insurance company tactics so we can secure the compensation you deserve.