Category Archives: Uncategorized

Hit & Run Bicycle Wrecks in NC

What to do if you or someone you know is involved in a Hit & Run Wreck on a bicycle (or cars for that matter)?

1st Contact the Police or Highway Patrol as quick as possible. It’s preferred to do at the time of the accident, but if that isn’t possible, state law requires this to be done within 24 hours of the collision. This investigation by a law enforcement officer will help determine the cause of the accident by an independent 3rd party. Plus it may lead to the discovery of the hit & run driver.

2nd Notify your insurance company. Even though you were on your bicycle, contact your automobile insurance carrier and notify them of the claim. You may be able to recover under a uninsured motorist (UM) coverage portion of your policy. There may be other policies you have that may apply.

Questions about what to do if you or a family member or friend is injured in an accident? call Kirk Sanders 336-724-4707.

Tagged , ,

USA Cycling Professional Criterium National Championships July 27, 2013 High Point NC

USA Cycling Professional Criterium National Championships
July 27 – High Point, NC

http://www.usacycling.org/2013/pro-criterium-nationals

Professional Men & Women riders will race in this bicycle criterium. A chance to see national riders up close.

Saturday, July 27, 2013

There is a weekend of biking events.

Amateur races too.

Winston-Salem Cycling Classic: Results of Winston Salem Criterium

Road Race results for June 16, 2013 Winston-Salem Cycling Classic:

Men’s Race:

Congratulations to Winston-Salem’s Daniel Patten of Team SmartStop Mountain Khakis for 1st place finish in Men’s Race

In the Women’s Race:

The Winner was Alison Powers of Pinecliffe, Colorado.

Sara Tussey was highest placed Winston-Salem racer in 4th place (VeloShine Cycling Team)

For more race results, go to: http://swagger.gobike1.com/site/results/winston-salem-cycling-classic/

How many people ride bikes in the USA? ((Tags: bicycle ridership data, NC Bicycle law))

This is old data (2002 survey): approximately 57 million people, 27.3 percent of the population age 16 or older, rode a bicycle at least once during the summer of 2002. The survey breaks this down by gender, age, and race/ethnicity. http://www.walkinginfo.org/library/details.cfm?id=14 (survey)

Here’s a 2001 study on travel by all means: http://www.walkinginfo.org/library/details.cfm?id=3185

Here’s another source for surveys more current: http://nhts.ornl.gov/publications.shtml (US DOT Federal Highway Admin.)

Take a look at this policy paper from Rutgers (Puchler, Beuhler, Merom & Bauman). http://www.policy.rutgers.edu/faculty/pucher/2001-2009.pdf The Chart below is from the paper.

Cary Bicyclist Who Was Seriously Injured Thinks Driver Was Distracted at Time of Accident

 Cyclist Craig Purcell remained hospitalized at WakeMed Thursday – almost a week after nearly losing his life in a car on bike collision. Mr. Purcell was cycling on Cary Parkway near Kildaire Farm Road in Cary in October when the accident occurred.

"I saw the black car using the left hand turn lane to come across the road," Purcell recalled. "All I could do was brace for impact."

Purcell said the collision’s impact threw him in an opposite direction from his original direction.

"My body hit his car. I could hear it. The next thing I knew, I was flying through the air. I hit the ground. As soon as I hit the ground, I knew I was in trouble," the bicyclist said.

Purcell suffered multiple injuries that includes broken ribs and a collapsed lung. He will undergo months of rehabilitation.

According to the accident report, speed was not a factor in the crash. The driver who crashed into Purcell was cited for failure to yield in a turn. Purcell believes the driver was likely distracted.

Purcell and other cyclists say there are too many accidents and near misses between cars and people on bikes. He's urging more respect and attention to safety.

"I have a right to that road just like any other car does," said Purcell.

By law, Cyclists are required to follow the same rules on the road as drivers, and drivers are required to treat bikes the same way they would any other vehicle.

"Slow down. Share the road. Respect that we're out there, even if you don't like to do it. As cyclists, we have to share the road too," Purcell offered.

Sanders Law Firm, PLLC

336-724-4707

Tagged ,

Jury finds for Plaintiff Bicyclist in Motor Vehicle Wrongul Death Accident in Connecticut

NEW HAVEN, CT — The family of Jose Mauricio Campos Thursday won a jury verdict of nearly $2.3 million in a wrongful death lawsuit against a hotel corporation and its employee, the driver of a van that struck Campos. Mr. Campos was riding his bike around 7:00 pm on 9-15-08 when hit by the hotel van driven by a Mr. Coleman.

Coleman was a defendant in the civil suit, along with his employer, LaQuinta Inn and Suites. The driver and the employer-hotel were found to be equally liable.

Campos, who was NOT wearing a helmet, was thrown to the pavement by the impact and suffered a serious head injury. He died three days later. The plaintiff was his wife, Gregoria Campos of West Haven. The Camposes had three sons, now adults.

The six jurors announced their verdict just after noon in New Haven Superior Court in a trial presided over by Judge Terence Zemetis.

The driver was traveling 40 mph in a 25 mph zone. In addition, it was alleged in the complaint that the defendant driver was using a cell phone at the time of the accident, in violation of CT state law. While not illegal in NC, yet, Sanders Law Firm includes claims for gross negligence when a defendant driver is using a cell phone at the time of the accident. This is because the driver is distracted while serving their own self interest.

Mr. Campos, the bicyclist, may or may not have run a stop sign, it was not known for sure.

The jurors ruled both Coleman and Campos were at fault in the accident. But the jurors said Coleman, and thus LaQuinta as well, were responsible for 58 percent of the negligence and Campos was responsible for 42 percent. Connecticut is a comparative negligence state whereas NC is a contributory negligence state. That means if the jurors in a NC trial find the plaintiff bicyclist was also negligent in his death or injuries, the court would not award the injured plaintiff any monies for death or injuries. NC is one of a handful of states that still has contributory negligence as the rule.

Mills said after the verdict that Campos was found to share some of the negligence probably because “no one can say for sure” if he obeyed a stop sign. According to Mills, Coleman did not have a stop sign.

The jurors awarded $1,709,840 in damages to the victim’s estate and $580,000 in damages to the widow.

The complaint noted the widow had incurred medical and funeral expenses, loss of wages and permanent loss of his earning capacity. The plaintiff’s attorneys also said she suffered loss of her husband’s moral support and companionship.

 

If you or someone you know was injured while biking, contact the attorneys at Sanders Law Firm, PLLC 336-724-4707

Image001

 

Tagged ,

Winston-Salem Bicycle Ordinances

Rules for bicycle riders in Winston-Salem. This is from the Winston-Salem ordinances. Note the rules at the end for using lamps at night at the bottom.

 

Bicycle Laws

Bicyclists in Winston-Salem have the same legal status as motor vehicles. Therefore, bicyclists have full rights to use the roadways and also have the responsibility to obey the laws and operate safely. The Winston-Salem Department of Transportation wants to encourage cyclists to become familiar with Winston-Salem biking laws and North Carolina biking laws designed to inform citizens on how to safely share the road. 

To view the North Carolina statewide laws, please visit the NCDOT Bicycle Laws of North Carolina website. (This link opens in a new window; the linked site is not part of the City of Winston-Salem.)

City of Winston-Salem Code – Article V  Bicycles

Sec. 42-281. Definition

The term bicycle, as used in this article, shall mean a device having two or three wheels in tandem, a steering handle, one or two saddle seats and pedals by which the vehicle is propelled.

Sec. 42-282. Applicability of traffic laws

Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by the laws of the state (G.S. 20-38(38)) declaring rules of the road applicable to vehicles or by the provisions of this chapter applicable to the driver of a vehicle, except as to special regulations in this chapter and except as to those provisions of law and ordinances which by their nature can have no application.

Sec. 42-283. Obedience to traffic control devices

(a) Any person operating a bicycle shall obey the instructions of official traffic control devices and traffic control signals applicable to vehicles, unless otherwise directed by a police officer.

(b) Whenever authorized signs are erected indicating that no right turn, left turn or U-turn is permitted, it shall be unlawful for any person operating a bicycle to disobey the direction of any such sign, except where such person dismounts from the bicycle to make any such turn, in which event such person shall then obey the regulations applicable to pedestrians.

Sec. 42-284. Manner of riding; restriction on number of persons riding

(a) It shall be unlawful for any person propelling a bicycle to ride other than astride a permanent and regular seat attached thereto.

b) It shall be unlawful for any person to use a bicycle to carry more persons at one time than the number for which it is designed and equipped.

Sec. 42-285. Riding on roadway

(a) Every person operating a bicycle upon a roadway shall ride as near to the right-hand side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.

(b) It shall be unlawful for persons riding bicycles upon a roadway to ride more than two abreast.

Sec. 42-286. Right-of-way of pedestrians; riding on sidewalk

(a) Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing such pedestrian.

(b) It shall be unlawful for any person to ride a bicycle upon a sidewalk in the following locations or on the following streets;

    (1) Central business district.

    (2) Sunset Drive from First Street to Glade Street.

    (3) Liberty Street from 14th Street to 17th Street.

Sec. 42-287. Speed

It shall be unlawful for any person to operate a bicycle at a speed greater than is reasonable and prudent under the conditions then existing.

Sec. 42-288. Carrying packages or other article

It shall be unlawful for any person operating a bicycle to carry any package, bundle or article which prevents the rider from keeping at least one hand upon the handlebars.

Sec. 42-289. Parking

It shall be unlawful for any person to park a bicycle upon a street other than upon the roadway against the curb or upon the sidewalk in a rack to support the bicycle or against a building or at the curb, in such manner as to afford the least obstruction to pedestrian traffic.

Sec. 42-290. Lamps and other equipment

(a) Every bicycle, when in use at nighttime, shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least 500 feet to the front and with a red reflector on the rear of a type which shall be visible from a distance of at least 300 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle. A lamp emitting a red light visible from a distance of 500 feet to the rear may be used in addition to the red reflector.

(b) Every bicycle shall be equipped with working, functional, adequate brakes.

 

Tagged ,