How Bike Safety Rules Impact Accident Claims

Not following bike safety rules can significantly weaken your case for compensation after an accident, because traffic violations apply to cyclists and motorists alike. Failing to follow the rules of the road not only puts you at a greater risk of physical harm, but it can jeopardize your recovery.

In North Carolina, the number of fatalities for bike riders doubled from 2022 to 2023. This makes it essential for anyone—cyclists or motorists—to understand how to protect bike riders from collisions and wrongful death accidents.

You may need legal help to navigate the aftermath of a cycling accident and avoid the ‘blame game’ that many motorists attempt. Follow along as our bike accident attorneys walk you through cycling laws and share physical and legal safety tips to help protect your rights to a claim.

In North Carolina, the rules that govern cyclists are the same roadway rules that regulate motor vehicle traffic, including yielding to the right of way, abiding by traffic signals and signs, and acting responsibly. Bicycles are considered vehicles in North Carolina, and a cyclist who violates bike safety rules and is hit by a car may be barred from seeking compensation. Since bikes are permitted on sidewalks in many locations (per certain city ordinances), cyclists must also understand when and where to prepare for foot traffic to prevent pedestrian-related accidents.

Vigilance while bike riding means more than staying aware of your surroundings. It also means wearing proper protective gear and consistently following bike safety rules. Understanding your legal rights to ride is just as important as knowing your legal duties to uphold cycling safety on the road. Here are a few tips to protect yourself physically and legally while bike riding in North Carolina:

Wear a Bike Helmet

Helmets help protect cyclists from head trauma or catastrophic injuries that can occur when a car hits a bicyclist. Wearing a helmet is optional for adults, but for minors under the age of 16, helmets are mandatory. In certain cases, failing to wear a helmet can impact your compensation if the motorist alleges the injury could have been avoided with protective gear.

Increase Your Visibility

Bicycles operating from sunset to sunrise must be equipped with proper conspicuity gear, such as headlamps and rear lamps. Reflective materials and high-visibility clothing can also improve cycling safety on the road in low-light conditions. If a car hits a bicyclist due to conspicuity violations, the bike rider may be partially liable for the crash and ineligible for compensation due to North Carolina’s contributory negligence laws.

Drive Predictably

When cyclists drive in the appropriate lanes, use proper signaling, and avoid riding in blind spots, they can reduce their risk of accidents. While driving predictably helps prevent injurious collisions, it can also prevent someone from blaming the crash on a cyclist. Biking cautiously and signaling clearly can help support your bike accident claim that states the other driver was negligent.

Collisions with motor vehicles are some of the greatest hazards bicyclists face. When a car hits a cyclist, the actions that the rider takes next can impact their potential bike accident lawsuit. If you’ve been hit by a motor vehicle while riding your bike, take these actions to protect your legal options:

• Move to Safety: If you’re able, move your bike off the roadway to prevent secondary crashes from complicating your bicycle accident claim and protect yourself from further harm.
• Call the Police: Reporting the collision is essential, especially if the motorist did not stop to check on the cyclist. Police can document the incident and create an official report of the accident scene.
• Document the Scene: Take pictures of the roadway, including street signs or traffic signals. Document the damage to the bicycle and vehicle, and any dents or damage to protective gear. It’s critical to photograph all scrapes, bruises, and other injuries, as any of these could be more serious than you initially suspect. Write down where the collision occurred and your recollection of the events to capture these details while they are clear.
• Exchange Information: Get the vehicle driver’s name, car registration details, and insurance information, and ask any witnesses for their contact information.

When a cyclist gets hit by a car, they may be seriously or fatally injured, and the motorist may try to find legal loopholes or bike safety violations to escape responsibility. Drivers often blame cyclists for near misses and serious collisions alike. If you’re following the rules of the road, North Carolina’s fault-based legal system is there to hold the driver responsible for all impacts, including for catastrophic injury damages.

To protect your right to a bicycle accident claim, follow these legal tips:

• Be Mindful of What You Say: Even statements that seem innocent can be used against you later as admissions of guilt; only communicate what’s essential to exchange information and get the necessary help at the accident scene.
• Seek Medical Attention: Even if you think you’re OK after a car hits you, your pain may be masked by adrenaline and internal injuries may not manifest immediately; see a doctor as soon as possible to have your injuries documented.
• Consult an Attorney: A personal injury attorney experienced in bicycle accident claims can help you understand your legal options, calculate damages, and assist with negotiations, so you receive an adequate settlement.

The importance of bike safety rules shouldn’t be ignored. These regulations can increase cyclists’ visibility in traffic and also help support liability claims when a car hits a bicyclist. If you’ve been injured in a collision with a car despite your safety efforts, contact Miller Law Group attorneys for help.