Biking Safety Tips to Remember

Bicycling has enjoyed a surge in popularity in recent years for its various benefits: commuting, exercise, recreation, and even eco-conscious travel. This is especially true in urban centers like Charlotte. The biggest concern in biking, however, is safety. It’s no fun to think about the actual mechanics of the collision of a bicycle with a car or a truck—thousands of pounds of metal versus an unprotected human.

Contributory negligence

Never forget that in North Carolina, you can lose your claim if you were at fault for an accident. Even more distressingly, your failure to observe a safety tip does not have to be illegal to add up to contributory negligence.

The vulnerability of bicyclists

A bicycle accident resembles a motorcycle accident in the sense that the rider lacks frame protection. In some ways, bicycles are even more dangerous than motorcycles because a bicycle lacks the ability to accelerate out of trouble the way a motorcycle can. Don’t put your life in the hands of an automobile driver who might not even know you are there. Instead, observe the following safety tips.

Important safety tips

Following is a non-exhaustive list of safety tips you should observe if you want to avoid an accident or win a personal injury claim if you cannot avoid an accident.

Tip #1: Always wear a helmet

North Carolina law doesn’t require bicyclists to wear helmets, except for riders under 16 years old. It is also true that North Carolina courts don’t tend to apply contributory negligence to cases involving the failure to wear a helmet. That doesn’t mean you shouldn’t wear them for your own safety. A bicycle helmet can significantly reduce the risk of traumatic brain injury. You would be surprised how much an inch or so of plastic can protect you when it comes between your head and the road.

Tip #2: Wear appropriate safety gear

Wear bright or reflective clothing, eye protection, and gloves to increase your visibility, your ability to see, and your ability to handle your bicycle, especially in rain or other inclement weather.

Tip #3: Use lights and reflectors at night

Under North Carolina state law, when you ride at night your bicycle must have a lamp on the front. The lamp must emit a white light visible from at least 300 feet in front of your bicycle. The reason behind the rule is obvious: a car is far more likely to hit you if the driver cannot see you. Additionally, you are more likely to hit something, even a street lamp, if you can’t see in front of you. It’s also a good idea to wear bright or even fluorescent clothing and use reflective tape.

Tip #4: Know the rules of the road (and obey them)

Under North Carolina law, bicycles are treated the same as motor vehicles. This means that you have to obey the same rules that a car does. You cannot roll through a red light, for example, just because you are “only a bicyclist.” If you don’t have a driver’s license, learn the same rules of the road that you would have to learn to get a learner’s permit. In addition, you should use bicycle lanes where they exist, and you must yield to pedestrians.

One way you might be vulnerable to a contributory negligence defense is if the accident happened while you were lane-splitting — riding between two lanes of traffic. Lane-splitting by bicyclists is not specifically illegal, but that doesn’t mean it’s not contributory negligence.

Tip #5: Stay in designated bike lanes when possible

Charlotte offers about 190 miles of designated bikeways and this figure is expanding rapidly. Bike lanes offer some protection from cars. Stay in them when they are available, but don’t bet your life that other drivers will respect them. Staying in an available bike lane can help you avoid a contributory negligence defense by the defendant in a bicycle accident case.

Tip #6:  Perform routine bike maintenance

Too many cyclists suffer catastrophic injury or even death for simply neglecting to maintain their bicycles. The last thing you need is a mechanical failure while cars are whizzing by you at 35 mph. Check your brakes, tires, chains, and lights before every ride. Keep maintenance records if you commute to work or school, even if you have to use your cell phone. Maintenance records can support a product liability claim against a bicycle or parts manufacturer.

Tip #7: Ride defensively, and assume drivers don’t see you

Considering your vulnerability as a bicyclist, your best bet is to assume that motorists cannot see you. If you make that assumption, you’re going to be right at least once in a while — and it might save your life. It can also head off a successful contributory negligence defense.

Watch out for these mishaps in particular:

• Dooring — when a driver opens a car door in your path
• Sudden lane shifts
• Distracted driving

Make eye contact with other drivers, and learn driver blind spots by heart and avoid them. Never, ever assume the right-of-way even if the law says you have it.

Tip #8: Use hand signals to communicate

Use the following hand signals to communicate your intentions:

• Left turn: Extend your left arm to the side.
• Right turn: Extend your right arm to the right, or extend your left arm to the left and bend it up to make an “L” sign.
• Stop: Extend your left arm to the left and bring your arm downward with your palm facing rear traffic.

Using hand signals is another good way to prove you were cycling responsibly.

Tip #9: Know what to do if you’re in a bicycle accident

If you are unlucky enough to suffer a bicycle accident, collect the following evidence if your injuries are not too severe:

• Photographs of the vehicle you collided with and your bicycle, including the damage to both
• Your bicycle, which is important physical evidence
• Video surveillance from a dashcam or nearby cameras
• Statements from eyewitnesses, including other drivers or passengers
• The police report, although police reports are generally inadmissible in court when it comes to proving liability (courts favor live police officer testimony), they are persuasive at the settlement table

Do not try to gather evidence if you are seriously injured.

Do you need a bicycle accident lawyer?

Bicycling is a healthy, eco-friendly form of transportation, but it comes with risks, at least on public roads. If you have suffered injury in a bicycle accident, you need to act quickly and decisively.

Price Petho & Associates are Charlotte, NC bicycle accident lawyers who serve clients in Charlotte, Rockingham, Rutherfordton, North Carolina, and South Carolina. Our legal services are free of charge unless we win your case.

Reach out to us for legal advice if you’ve been involved in a cycling accident or want more information on your rights as a cyclist. We promise to thoroughly investigate every aspect of your case so that you can receive 100% of the compensation you deserve. Your claim might be worth more than you think it is.