Melrose Law of Asheville gets aggressive with car insurance companies when protecting bicycle accident victims in Western North Carolina. If a careless driver caused your accident, every medical bill you receive and every paycheck you lose while out of work should be covered. Every day you are off your bike should be compensated!
We fully investigate your accident so that the fault of the driver can’t be questioned. Then we demand support that covers you from the day of the injury until you can get back on a bike. We are ready to talk to you in a free consultation. It’s time to focus on healing while allowing us to fight on your behalf.
Do I Need a Lawyer for My Bicycle Accident Injury Claim?
If you are knocked from your bike, but somehow only come away with minor injuries, you may not need a lawyer to get fair treatment from a car insurance company. But bicycle accidents involving vehicles are rarely minor. Riders can come away with bone fractures, brain injuries, and neck and spine damage, and have to trust insurers to provide major support.
To avoid paying expensive medical bills, insurance companies will try to blame you for what happened. They’ll also downplay how severe your injuries are. Our Asheville Bicycle Accident Lawyers back cases with strong evidence of who was at fault and then demand the full benefits available for you and your family. We seek everything you’ll need to pay for care for as long as necessary. We can often secure much more for you than you could win by filing a claim yourself.
Bicycle Accident Hazards in the Asheville Area
Asheville is built on mountains, and the up-and-down and the amazing views draw plenty of cyclists in for rides. Unfortunately, the growing city is also home to fast-moving traffic on narrow and congested roads. The natural setting and fast-paced city can be a dangerous combination for bicyclists.
Unfortunately, many local riders have encountered hostile drivers who don’t like sharing the road. There are also plenty of drivers who don’t pay attention to spot bicyclists and slow down. A driver can ignore the rider’s right to the road and try to pass when there isn’t room.
A driver may pull out in front of the cyclist with the smaller profile, simply because they didn’t spend enough time looking. These mistakes and others often lead to devastating accidents.
Over a recent five-year span, Asheville has averaged around 15 reportable bicycle accidents a year (2019-2023). That’s according to data from the NCDOT. Sadly, an upward trend in accidents has developed for the city recently.
2023 figures showed that Asheville recorded 20 bicycle accidents for the year. That was the most since 2014. 2023 also brought with it four tragic fatal bicycle collisions.
It remains to be seen if the uptick will continue when 2024 and 2025 accident numbers are released.
Types of Bike Lanes in Asheville
The NCDOT’s Guide to Bicycle and Pedestrian Infrastructure explains the different types of bike routes you’ll find in North Carolina. Asheville has examples of most of these types of bike paths.
Conventional Bike Lanes: These are the standard bike lanes you’ll see across Asheville. They are usually indicated by painted white lines. A conventional bike lane can be traced out on the right side of the road or along parking spots. These basic lanes don’t generally offer any other protection beyond the white paint. Drivers can lose focus and veer into a bicycle lane. They can also forget to check mirrors and blind spots when having to pull over on a bike lane to make a right turn.
Buffered Bike Lanes and Separated Bike Lanes: These lanes run alongside lanes of traffic but offer a bit more protection from cars and SUVs. A buffered bike lane adds wider painted areas to separate the bike lane from traffic with more space. A separated or protected bike lane goes further to place a physical barrier between bicyclists and cars and trucks. These lanes are also called cycle tracks. The barrier may be plastic rods lining the bike lane. The bike lane may be placed along the curb, protected from traffic by a row of parked cars.
Shared Lanes: This is a street that’s been designated especially for both vehicle and cyclist traffic. It may be a street with lighter traffic and slower speed limits. Shared lanes aren’t true bike lanes, but they are routes where special care is taken to alert drivers that they must share the road. There will be street signs indicating a “Bike Route.” They may also have lane markings on the pavement called “Sharrows” (a combination of share and arrows) made up of a bicycle symbol with two arrows over it. The sharrows symbol will be on the right side of the right lane to indicate where the rider should travel when possible.
Bike Path or Greenway: A bike trail or greenway is a path set aside for cyclists. No vehicles are allowed on these paths. Cyclists may have to share these paths with pedestrians. Riders should be extra cautious when they must cross a regular street or ride along a roadway to reach the next section of greenway.
The NC DOT guide also explains how riders may encounter green “bike boxes” at intersections, indicating where riders in the street should wait at traffic lights. Cyclists may run into “Bike-Activated Signal Detection” zones at intersections. These are spots that detect the bicyclist and work to give them a green light.
North Carolina Laws Asheville Cyclists Need to Know
The most important bicycle law and right in our state is guaranteed in North Carolina’s General Statutes (G.S.). It defines bicycles as vehicles, and it means that cyclists have the same right to most lanes as any other driver. By the same token, cyclists must also obey all the traffic laws that drivers must follow, where they apply.
G.S. § 20‑4.01.
“(49) Vehicle. – …for the purposes of this Chapter bicycles and electric assisted bicycles shall be deemed vehicles and every rider of a bicycle or an electric assisted bicycle upon a highway shall be subject to the provisions of this Chapter applicable to the driver of a vehicle except those which by their nature can have no application…”
G.S. § 20‑171.9. Riders under 16 years old must wear helmets.
“(a) It shall be unlawful for any parent or legal guardian of a person below the age of 16 to knowingly permit that person to operate or be a passenger on a bicycle unless at all times when the person is so engaged he or she wears a protective bicycle helmet of good fit fastened securely upon the head with the straps of the helmet.”
G.S. § 20‑150. Drivers must have 4 feet of space to pass a cyclist.
“(e) (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.”
Drivers must have four feet of space to pass a cyclist in their same lane or be able to switch entirely to the left lane. North Carolina Drivers also must not try to pass a cyclist making a left turn.
Can I ride my bike on a sidewalk in Asheville?
North Carolina has issued no sidewalk ban for bicyclists. Individual cities can make their own laws about riding on sidewalks. Asheville does not have any statutes that make it illegal to ride on the sidewalk. However, cyclists are to go slower on sidewalks and are supposed to yield the right-of-way to pedestrians at all times.
The Injury Support Riders Should Count On
Cyclists need to be supported for as long as it takes for them to rebuild their health, their finances, and to return to the rides they love. The local Asheville cycling community can attest to the difficulties riders have when they must give up their bike rides and other activities for weeks or months at a time.
Economic and non-economic damages must be completely covered for injured riders. That includes the mental stress that a frightening accident and difficult recovery can cause victims.
These are just a few of the hardships that a skilled attorney will make sure factor into a bicycle accident settlement check:
- Support for every medical bill, including the cost of care anticipated in the future
- Lifetime support for those left with a permanent physical disability
- Support for the pain victims endure and may experience in the future
- Support for the emotional trauma a scary accident can cause
- Support for the expense of traveling for medical appointments and out of the area to see specialists and surgeons
- Reimbursement for every cent you’ve lost while having to miss work
- Money to replace a damaged bicycle
How Can an Asheville Bicycle Accident Lawyer Help My Case?
A skilled lawyer serves as protection for the cyclist’s case. If an insurance company attempts to blame the victim for the accident, Melrose Law provides the evidence necessary to show that a reckless driver was to blame.
A lawyer also serves as an advocate for the cyclist to make sure they receive every benefit they need to recover. That includes earning support for the months and years ahead, when victims suffer a long-term injury.
These are just some of the advantages Melrose Law provides for injured Buncombe County bicyclists:
- Conducts a full investigation into your bicycle accident
- Investigates the at-fault driver’s record
- Uses accident reconstruction teams if further evidence is needed
- Secures powerful testimony from witnesses and experts
- Tracks down any security footage of your accident
- Uses your medical records and your doctor’s assessment to determine how much support you’ll need
- Handles all communications with insurers and other lawyers so you can focus on healing
- Files your bike accident claim for you and prepares to take the insurance company to court if necessary
- Aggressively negotiates for the maximum in a settlement check on your behalf
- Prepares for a lawsuit if an insurance company refuses to accept full liability for your recovery costs
If you’ve been seriously hurt due to a driver’s mistake, you should speak to a lawyer as soon as possible. Waiting can damage your case and make it harder to secure fresh evidence. Allow your attorney to begin constructing your injury claim as soon as possible.
Frequently Asked Questions
Can my family seek support if a loved one is killed in an Asheville bicycle accident?
Yes. A personal representative of the victim’s estate can file a wrongful death claim against the at-fault driver’s auto insurance provider. This claim would be filed on behalf of close family members such as the victim’s spouse or partner and children. The claim would seek money for burial costs and any remaining medical bills. Families should also receive help replacing the income the victim may have provided to close relatives. An Asheville wrongful death lawyer can also help with this lawsuit and make sure the insurance company responsible doesn’t find a way to avoid financial responsibility.
What if my child is on a bike and is struck by a careless driver in Asheville?
An injured child can require much more in support than an adult victim. Children are still developing and can suffer more severe injuries and experience complications as they grow towards adulthood. After a bicycle accident, they may require further surgeries if a broken bone doesn’t heal correctly, or if their growth is affected by any other injury. Melrose Law would demand everything possible for parents trying to do their best for an injured child.
How long do I have to file an Asheville bicycle accident claim?
Three years. North Carolina sets the statute of limitations at three years for victims to file personal injury lawsuits. Injured cyclists should act quickly and not wait years to explore their legal options. Evidence can become harder to gather once months have passed. Video evidence can get erased. Witnesses might become harder to find. Also, be aware that a case involving a tragic death would have a two-year statute of limitations.
Contact an Asheville Bicycle Accident Lawyer
Your Melrose Law representative will fully investigate your accident and those responsible. The evidence gathered can make a big difference in the outcome of your case and the level of support you and your family receive. Cyclists need to recover their health and be made whole so they can ride a bike again. We fight for that outcome for injured riders.
Our lawyers are happy to go over your case in a free consultation to determine the best course of action to help you rebuild your life after an injury. There’s no obligation for this free case review.
If you need our help to force a car insurance company to do what’s right, you don’t have to worry about how you’ll afford to pay an attorney. Melrose Law doesn’t get paid unless we win your case for you. Then, our fee comes out of the settlement money an insurer is forced to turn over to you.
