How Bicycle Laws Can Affect Your Accident Claim in North Carolina

North Carolina traffic laws consider bicycles to be vehicles like cars, trucks, and motorcycles? Yet at the same time, the laws include special provisions that treat bicycles differently, imposing unique obligations on cyclists and some requirements for the drivers of motorized vehicles operating near bicycles on the road.

The bicycle laws of North Carolina can have a significant impact on bicycle accident cases. It is important to understand these laws before riding, and if you have been in a collision, you need to know how the bicycle laws of the state could affect your claim for damages. At Martin & Jones, we’ve been helping people obtain compensation for their injuries in bicycle accidents and other incidents. We know laws impact every case differently. It is helpful to understand the requirements and then talk to an experienced attorney about how those laws affect your case.

Where Bicyclists Should Ride

As a vehicle, a bicycle can be ridden on any public road except controlled-access high-speed roads such as interstate highways. Cyclists can also ride on sidewalks in many places. State laws contain no prohibitions against riding on sidewalks, but many local laws do, so it is important to understand restrictions in local ordinances.

Section 20-146 of the North Carolina General Statutes requires all vehicles to stay on the right side of most roads unless passing or in situations where the right side of the road is blocked. When vehicles are traveling at less than the speed limit—which includes bicycles in most cases—then they must stay as close as practicable to the right edge of the road unless they are passing a slower vehicle or preparing to make a left turn. However, bicycles are not required to ride on the shoulder.

Although advisors often recommend that pedestrians on the road walk on the left side, against traffic, bicyclists are never supposed to operate this way. Bicyclists are obligated to ride with motorized traffic, not against it. If you are hurt while riding against traffic, your actions could be considered contributory negligence and bar any claim for recovery unless your attorney can demonstrate a compelling reason for operating in this manner.

In addition to avoiding wrong-way riding, bicyclists also have a duty to avoid riding while impaired by drugs or alcohol. A bicyclist injured while riding under the influence could find their claim for damages dismissed.

When Cars Pass Bicycles

Drivers of cars and trucks can be impatient. Although bicycles are entitled to the use of a full lane like any other vehicle, motorists often try to pass in the same lane without leaving adequate space. This is in violation of the law. In most situations, motorists must allow at least two feet of space when passing a bicycle rider. Motorists are allowed to pass bicycles even in a no-passing zone if they allow at least four feet of clearance and the cyclist is not getting ready to make a left turn. When a motorist fails to provide adequate space while passing a bicycle, the violation of the traffic law can also make it easier to establish liability for injuries that result.

The Duty to Signal Turns and Stops

The operators of all vehicles on the roads are supposed to provide adequate signals about their intent to turn or stop. Bicyclists signal with their arm and hand, and motorists can do this as well, although most rely on the vehicle’s signal lights. The law allows a bicyclist to signal a right turn either with the left arm at a 90-degree angle or with the right arm extended straight.

In North Carolina, if a driver fails to properly signal or if they fail to check to ensure that they can start, stop, or turn safely before doing so, then there are specific penalties that apply if the action causes a bicyclist or motorcyclist to run off the road. Drivers can be fined and charged with failure to yield the right of way. If a cyclist is injured, the fine increases, and evidence of the violation can be used to help establish liability in an action for damages.

Safety Equipment

North Carolina laws also require bicyclists to operate with certain equipment for safety. This includes:

• Reflex mirrors (reflectors) on the rear
• Headlight on the front when riding at night
• Red light on the back when riding at night
• Use of a helmet for bicycle riders under the age of 16
• Use of helmets for bicycle passengers under the age of 16

Local ordinances may add further requirements or restrictions on operation.

The helmet requirements of Section 20-171.9 of the North Carolina Statutes specify that a bicyclist’s failure to wear a helmet cannot bar them from recovering damages.

Work with Injury Attorneys Who Understand Bicycle Laws in North Carolina

Overall, the laws that apply to bicycle operation have the ability to influence claims for damages in both positive and negative ways. For instance, if a motorist fails to yield to a cyclist when passing or turning, that could potentially make it easier for the cyclist to prove that the driver was negligent and responsible for a bicycle accident. If a bicyclist failed to follow a rule, that could potentially be interpreted as negligence on the part of the cyclist that could be used to defeat a claim for damages resulting from the accident. 

After a bicycle accident, it is important to work with an attorney who is intimately familiar with North Carolina bicycle laws and who can argue effectively why the requirements should support rather than undermine your claim for damages. At Martin & Jones, we understand how to use the laws to our advantage, and we fight relentlessly to secure maximum compensation for accident victims. We invite you to contact us now for a free consultation and case evaluation to discuss what may be possible in your case.