A Skilled Gastonia bicycle accident lawyer can help an injured cyclist identify who caused a wreck and seek compensation for medical bills, lost wages, and other damages. Motorists and cyclists often travel along the same roadways in Gastonia, whether along Franklin Boulevard, New Hope Road, U. S. 321, or on streets near downtown Gastonia.
While bicycles are smaller and travel at slower speeds than most motor vehicles, North Carolina law grants cyclists certain rights on the roadway. It also requires cyclists to obey many of the same traffic laws as motorists.
At Roberts Law Firm, P.A., our personal injury attorneys and legal team are dedicated to providing clients with the legal representation and support they need.
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Roberts Law Firm, P.A. has served clients throughout the Carolinas for over 40 years. Our attorneys represent individuals in personal injury and workers’ compensation claims, including accidents involving cyclists and negligent drivers. We strive to assist you in getting the compensation you deserve in your case and holding the party responsible for their actions. We can help you in your bicycle accident claim today.
In 2025, there were 1,011 bicycle accidents on North Carolina roads. In a ten-year span, 42% of bicycle accidents were suspected to result in minor injury and 3% of crashes were fatal. According to N.C.G.S. § 20-4.01, bicycles are defined as vehicles in North Carolina. This means that the operator of a bicycle has the rights and responsibilities of a vehicle driver while on public roads.
As such, cyclists should follow all traffic signs and signals, ride with the flow of traffic, and obey all applicable roadway rules. Motorists must take bicycles into account when passing, turning, entering an intersection, or otherwise sharing the road.
North Carolina also outlines specific rules that apply to cyclists. For example, the law requires bicycles operated during the night to have a lighted lamp on the front of the bicycle that is visible from at least 300 feet. Similarly, bikes should have a rear reflex mirror or lamp that is visible at least 200 feet. The statute also states that cyclists and passengers under the age of 16 must wear a properly fitted protective bicycle helmet.
Just because someone violated a bicycle law does not mean they may be found responsible for a crash. Liability is generally determined by how the crash occurred and whether someone’s negligent actions caused or contributed to the collision.
Drivers and cyclists must often share the same narrow space on the road. When motorists fail to see a bicyclist, they may turn into the bike path or pull out of a parking spot directly in front of it.
Distracted driving also frequently causes collisions with cyclists. Drivers who are reading a text, looking at the navigation system, or otherwise distracted may not notice the bicycle in time to stop. Other common accidents involve:
Speed also plays a factor in many collisions because it reduces the driver’s ability to react and increases the forces of impact.
Road conditions can also cause some accidents. Potholes, debris, construction zones, poor lighting, or other roadway conditions can pose unique risks to bicycles because they do not have suspension systems to absorb the shock of driving over road obstructions.
Collisions can happen when motorists attempt to pass a bicycle without leaving enough room. N.C.G.S. § 20-150 says that a driver can cross the center line to pass a bicyclist when it is safe to do so. When passing in this manner, the driver should leave at least four feet of space between their vehicle and the bicycle. Alternatively, the vehicle should move completely into the left lane.
Whether a driver safely passes the cyclist can become a contested issue in a bicycle accident claim. Factors such as the position of the vehicle, road width, traffic conditions, sight distance, and impact location may help determine whether the driver left enough room when passing.
Intersections can create numerous opportunities for crashes between bicycles and vehicles. A right-turning driver may pass the cyclist before turning into its path. Left-turning motorists can also cause wrecks if they fail to see an oncoming cyclist before crossing its lane.
Determining fault can require an analysis of traffic controls, witness statements, and the actions of both the driver and cyclist. Nearby businesses or vehicles may have surveillance videos or dashboard cameras that captured the accident.
Fault should not automatically be assigned to a cyclist just because they were traveling slower than other traffic. Their rights as a roadway user should be considered when determining whether a motorist failed to yield or otherwise drove negligently.
North Carolina follows the contributory negligence rule. This rule states that an injured person who was partially negligent may be barred from recovering compensation from another person. Insurance companies may investigate whether the cyclist ran a traffic signal, rode against traffic, failed to use the required equipment at night, or was responsible for the accident in another way.
Allegations of negligence do not prove that the cyclist was responsible, even partially, for causing the accident. All the circumstances should be investigated, including the driver’s actions.
When a vehicle strikes a cyclist, the bicyclist has no protection from its weight or force. A cyclist may also suffer additional injuries if they are thrown onto the pavement or another object. Possible injuries from a bicycle accident include:
Head and facial injuries can still happen even if the cyclist is wearing a helmet. Some injuries require medical treatment, hospital stays, rehabilitation, or long-term physical therapy. Serious injuries can leave the cyclist permanently disabled or unable to return to the same job. Medical records can help illustrate the short and long-term impacts of these injuries.
An injured cyclist may be entitled to compensation for economic and noneconomic damages caused by another person’s negligence. Economic damages include costs for emergency transport, hospital bills, tests, surgery, rehab, medication, and other necessary treatments.
Any income you’ve lost because you’re unable to work can be claimed as well. Severe injuries can also create future medical expenses or reduce the cyclist’s ability to earn a living. Another economic damage that may be caused is property damage, particularly any damage done to your bike.
Noneconomic damages compensate injured parties for losses that are not easily quantifiable, but are still suffered nonetheless. A common example of noneconomic damage is pain and suffering. Every claim is unique, and the value of a bicycle accident is based on a person’s injuries and losses, not simply because they were involved in a bicycle accident.
North Carolina law requires bicycle helmets for riders/passengers younger than 16 years old, but adults who collide without a helmet are still permitted to file injury claims. In most cases, the use of a helmet won’t affect the underlying injury claim. That’s because fault for a bicycle accident must be established based on the actions of the drivers and cyclists involved, not by whether the cyclist was wearing a helmet.
A person riding a bike may have a claim against a driver who opens his or her vehicle door into the path of the cyclist without looking to make sure that it’s safe to do so. These types of accidents are sometimes referred to as dooring crashes and can cause serious injuries even if a moving vehicle doesn’t strike the cyclist.
If a defective bicycle, tire, brake, helmet, or other product causes a collision that causes injuries, it’s possible that a product liability claim could arise against the manufacturer, distributor, or seller. Bicycle accident cases are different from typical motor vehicle collision claims because more than one person may be responsible for an accident if there is a defect involved.
If a dog causes a bicycle accident, the dog owner may be held legally responsible. Each situation is unique, but evidence of what occurred leading up to a crash, whether the cyclist hit the dog, and how the injuries were caused factor into determining liability. Medical records and documentation of previous incidents involving the dog could also be important.
Bicycle accidents can raise issues regarding right-of-way, passing distances, traffic violations, insurance coverage, and contributory negligence. A Gastonia bicycle accident attorney can investigate the accident, obtain police and medical records, seek out video surveillance, take witness statements, and preserve evidence that may help determine how the crash occurred.
When you hire a bicycle accident lawyer, they can also identify which insurance policies may apply and calculate damages using bills, employment records, and projections for future losses. Roberts Law Firm, P.A. can help. Contact us today to get started with a free consultation.