bikelaw bike lawyers & bike accident attorneys
Fresh news of bikelaw cases and talk of new bicycling laws and trends - in the Carolinas and wherever cyclists ride.
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S.C. DRIVER CONVICTED OF FELONY FOR KILLING CYCLIST

S.C. DRIVER CONVICTED OF FELONY FOR KILLING CYCLIST

BREAKING NEWS: Monday, October 17, 2011, Aiken, South Carolina The driver who killed cyclist Dr. Matthew Burke pled guilty to felony manslaughter just after 3 p.m. and was sent to jail by an Aiken Circuit Court Judge. On October 1, 2010, on a straight road in broad daylight in Beech Island, South Carolina, driver Daniel [...]

Our thoughts go out to Katherine’s family and friends: Winston-Salem-Cyclist-Dies-After-Being-Hit-By-SUV.  Drivers have the obligation to drive appropriately for the conditions – whether it’s glaring sun or driving rain.  Let’s keep working to improve safety, to avoid more tragic and unnecessary deaths.

Ok, obviously we cannot sponsor everything, but how could we pass up a brand new event, right in our own neighborhood, put on by our good friends?  If you have not yet signed up to compete here, please do: http://nodagrandprix.org/.  It’s going to be a great cycling weekend here in Charlotte and the NoDa Grand Prix is the place to be. Who wouldn’t want to watch a thrilling race surrounded by good food and culture?

Wish we could sponsor more events?  So do we! Tell your friends about us and let us handle your case for you. Most importantly, we know what we’re doing.  We also give back to the community – the cycling community.

When we get a break from the courthouse and fighting insurance companies, bikelaw attorneys are out there thinking up all sorts of plans to make the world better for cyclists.   Here’s the latest idea Jeff Viscount (www.weeklyrides.com) and I (Ann) are working on for North Carolina.  Thanks to ultra cool VeloCity Magazine for helping us get the word out…On the Rights Track.  Please support this really great, creative magazine about cycling for everyone, especially if you’re in Asheville: www.velocitymag.org, but it’s definitely worth looking at anywhere.  Remember, the more people who ride, the better (safer) it is for everyone.  Join the movement!

I have a strong feeling that the momentum in North Carolina is moving in our direction! Yesterday , Deb Thompson (www.theadamlittlefoundation.org), Jeff Viscount (www.weeklyrides.com), Todd Spain (www.thepeletonproject.org), Gloria Carson (mother of Adam Little) and I (Ann) met in Raleigh with Johanna Reese, DMV Deputy Commissioner , Kathleen Johnson, Driver License Program and Paul Morris, Deputy Secretary of Transit. Deb initiated this conversation with Ms. Reese to request changes to driver education and testing to include motorist/cyclist interactions. Our hope was to get the entities that administer drivers’ education curriculum to add meaningful training for new drivers to teach them to be aware of cyclists on the road, to respect cyclists and to learn how to interact safely with them. We also hoped to add questions to the drivers’ license exam about motorist cyclist interactions. It turns out that DMV and transit are very open to these suggestions and more.

Gloria Carson brought instant perspective to the meeting as she talked about the death of son, Adam Little, killed two years ago by a distracted motorist with a bad driving record. Adam’s death embodies the fear we all have from close calls or intentional buzzings and Gloria conveyed that so poignantly to us all. It became almost a brainstorming session as cycling representatives and government officials discussed ideas for improving cycling safety. Among other items, we discussed a poster campaign through DMV offices for identify hand signals, using a simulator to incorporate motorist/cyclist interactions into on the road testing and Department sponsored PSAs.

We also learned more about the State’s intent to put together a comprehensive State-wide bike/ped plan: A request for proposals was issued a few weeks ago: http://www.ncdot.gov/doh/preconstruct/highway/roadway/eng_coord/pd/Bicycle_Pedestrian_04_05_12.pdf and a Plan is to be available by the end of the year for public comment. Officials expect the plan to provide uniformity throughout North Carolina for Bike/Ped planning with the end result of getting more people on bikes and providing safe places to ride. We were very encouraged that Mr. Morris invited us to provide input into the plan and we will communicate to you all as things develop.

It’s been a busy week in the world of bicycling, as advocates from the Carolinas and around the country descended on Washington D.C. for the National Bike Summit.  Coming Monday: a look at cell phone legislation as one N.C. town considers banning talking while driving.

  • Bike lanes are coming to Hillsborough St. in Raleigh (again!) (Raleigh Public Record)
  • As bike advocates descend on D.C., Congress still can’t pass a transportation bill (The Hill)
  • For the urbanites among us: how to talk to non-urbanites about cities without annoying them (The Atlantic)
  • Best night out EVER: the Party Pedaler (think a bar being pulled by a cyclist) hits downtown Charlotte (WCNC)
  • In northeast Charlotte, Rocky River Road Pedestrians Prompt Sidewalk Debate (Lake Norman News)
  • In Wilmington, Friends of Cyclist Killed Call for Safer Lanes (WECT)
  • A Cyclist on U.S. 70 was struck by a motorist who was busy messing with her radio (New Bern Sun-Journal)
  • Carrboro Police help out the local recyclery by donating bikes (Carrboro Citizen)
  • Finally, an Asheville bike shop (Beer City Bicycles) that combines brews and spin class.  (The Daily Meal)

Here’s what happened this week in the Carolinas:

- Idaho cyclist in critical condition after being hit on U.S. 29/business I-85 in Davidson County (Winston Salem Journal)

- Chapel Hill considers (but doesn’t enact) a ban on using phones while driving (N&O)

- Raleigh debates bike lanes on Hillsborough St. AGAIN (Indy Weekly)

- Don’t bike on interstates.  The reasons should be obvious (WFMY Greensboro)

- Salisbury lays groundwork for bicycle infrastructure (Salisbury Post)

- No leads in cyclist hit-and-run (Durham Herald-Sun)

 

Happy March, everyone!  Here’s what happened in the world of Carolina bicycling last week.

- Asheville’s greenway network is growing thanks to support from UNC Asheville (Citizen-Times)

- Asheville will also be hosting the 2016 national Cyclocross championships.  (Citizen-Times)

- Greg Lemond is raising money for the Lees McRae cycling team on the 23rd.  Tickets start at 100 dollars. (Winston-Salem Journal)

- Simple Tips and ideas for great family bike rides (Cornelius News)

- WCNC (Charlotte) takes a look at Kennapolis’ Altitude Bikes, your locally-forged source for high-end BMX and mountain bikes. (WCNC)

- Get your safety first at a League of American Bicyclists-sponsored safety clinic in Wrightsville Beach on March 23rd and 24th.  (Lumina News)

- The (U.S.) House Transportation Bill is definitely deceased, leaving the Senate’s two year bill as the best bet for dedictaed national transportation funding.  Here’s what the bill has (or doesn’t) for bikes. (League of American Bicylists)

I’m so tired of reading stories like this one from a few days ago in Hillsborough: http://www2.nbc17.com/news/2012/feb/26/bicyclist-taken-hospital-after-being-hit-car-orang-ar-1974903/. How can someone hit a person and leave the scene, not even knowing what damage they’ve caused to someone’s parent, child, spouse or sibling? Sometimes police are able to find the pathetic coward who leaves the injured cyclist alone on the side of the road, sometimes not. We hope police departments dedicate their resources to finding these people. In the meantime – you can make sure you’re protected if something like this happens. Call your insurance agent and make sure you have enough UM/UIM coverage to protect you in a worst case scenario. You can’t count on other people to be responsible. I know I preach this constantly, but as long as one of you out there isn’t sufficiently covered, I’m not going to be quiet.

As part of our advocacy and outreach efforts, we’re launching a new feature on BikeLaw today.  Every weekday, we’ll be publishing a roundup of local, regional, and national news concerning bicycle events, accidents, laws, policies, and advocacy.

What you missed this weekend:

- The N.C. Department of Transportation will add bike lanes to U.S. 421 in Boone. (Mountain Times)

- The NCSU student who hit a cyclist at 1:30 in the morning had a BAC of .12 (N&O)

- Never mind basketball: Duke and UNC faced off along with other teams in last weekend’s Ninth Street Derby. (WRAL)

- The City of Charlotte’s budget doesn’t include any money for sidewalks.  (Charlotte Observer)

- Carolina Forest residents push bike paths forward (WMBF)

- On the horizon: a bill in the Georgia Senate bans two-abreast bike rides (Atlanta Journal-Constitution)

- The House GOP restores dedicated transit funding to transportation reauthorization . . . (Washington Post)

- but still leaves bike/ped infrastructure and safety out to dry. (New York Times)

 

Advocating for cyclists

Family tragedy drives lawyer to help victims, push safety

By David Quick
Saturday, February 11, 2012

 

 

 
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Photo by David Quick

Attorney Peter Wilborn practices what he preaches and often rides his bike to work. While he won’t admit to how many bikes he owns, joking that “I have a problem,” his favorite is this classic model, a 1973 Raleigh Sport.

Peter Wilborn never envisioned his law career veering toward personal injury, though it’s a far cry from the advertisements seen on television.

The Richmond, Va., native came to Charleston in 1996 to work for Armand Derfner, a longtime attorney focused on civil rights and labor issues, which intrigued Wilborn and still does. But the roots of his career shifted on Sept. 28, 1998.

Wilborn’s younger brother, Jim, an adventurous, athletic young man, was riding his bike to work in Casper, Wyo., when an underage driver ran a stop light and killed him.

“My brother was an exquisitely fit, cool guy,” says Wilborn.

“He was an athlete who also was interested in farming, being a craftsman. He was the full package of a guy.”

As with any tragedy of the sort, Wilborn and his close-knit family

were crushed. Having been in the law field for six years, Wilborn looked into the matter from a legal standpoint.

“I called around and found the (driver’s) lawyer. I met the guy and he was incredibly disrespectful because (he said) my brother was on a bicycle,” says Wilborn. “From that point forward, it was just in my mind to start doing something about that. To start being a cyclist who represented cyclists.”

Birth of Bike Law

But his evolution into an attorney representing cyclists hurt in accidents or the families of those who are killed didn’t happen overnight.

About Peter Wilborn

Occupation: Attorney with Derfner, Altman & Wilborn, Charleston. Founder of BikeLaw.com.

Born: May 1967, in Richmond, Va.

Residence: Sullivan’s Island.

Family: Wife, Cappy; sons, Jim, 10, and David, 8.

Education: Bachelor’s degree from Tufts University in 1989; law degree from University of Michigan in 1992.

Charleston Moves’ Tom Bradford on Wilborn: “On a bike ride or over cocktails, his mind shifts gears effortlessly from breadmaking to politics to bicycle engineering to Islay Scotches to French literature. But when it comes to serious business, his focus is amazing. In a serious phone conversation, he’ll go completely silent and I sometimes think I’ve lost the connection, but it’s Peter, carefully thinking before he speaks. It’s his gift.”

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Peter Wilborn was very close to his brother, Jim, who was riding his bicycle in Casper, Wyo., when he was killed in September 1998 by an underage driver who ran a red light.

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Peter Wilborn (second from left) is joined by Paul Wood (from left), Jana Morris, Mike Bannister and Tom Bradford on a cycling trip on the Blue Ridge Parkway last year.

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Cappy and Peter Wilborn have two children, David, 8, and Jim, 10.

“I never thought of myself becoming a personal injury lawyer,” says Wilborn. “After my brother’s death, I did a case or two a couple of years later, then I did a couple of more. Every year, I’ve done more and more bike cases to the point where it’s taken over the majority of my practice.”

Wilborn, who remains a partner in Derfner, Altman & Wilborn, formed S.C. Bike Law, which has since changed to Bike Law, and now about 75 percent of his caseload pertains to bicycle accidents. He also maintains the website and writes a blog on www.bikelaw.com.

When he takes on a new case, he is motivated not only by his brother but by many of the victims and their families, including those of the late Edwin Gardner and Dr. Matt Burke. Both men died of injuries related to being struck by cars in separate 2010 accidents.

“I’ve handled other families who have lost brothers and sons and daughters and fathers (and) I think about all of them. … It’s hard to assign value to tragedy, or to what are called accidents, but I think there is a value to those people’s lives.”

Wilborn is considered a key ally as both a lawyer and an advocate by those who want to make bicycling safer and more accepted, not only in Charleston but in the Southeast and nationwide.

Smartest guy in room

Donald Sparks, a longtime local bike and pedestrian advocate with Charleston Moves, says Wilborn has given countless hours in promoting safe cycling locally and nationally.

“I’ve worked with dozens of bicycle advocates from across the country and none match Peter’s enthusiasm and competence,” says Sparks, adding that Wilborn is “always the smartest guy in the room” and that his support for alternative transportation is unparalleled.

“I have watched Peter in action countless times and am always impressed by the way he can take command of a situation and turn it around,” says Sparks. “Peter has the energy and enthusiasm of a 10-year-old, coupled with a mature worldview that allows him to make incredible contributions not only to his clients but to our community.”

Law partner and mentor Derfner has known Wilborn longer than anyone else in Charleston and says Wilborn’s energy, initiative and integrity are “striking.”

“He can get things done that nobody can get done. I just marvel sometimes. He does it often in a lightning way. It’s been great for me because I tend to think about something forever and a day. And Peter just goes ahead and gets it done and gets it done right.”

Coming to Charleston

After graduating from law school, Wilborn spent three years working for the International Commission of Jurists in Geneva, Switzerland, where he was able to quench his youthful thirst for world travel.

His job of administering legal training programs for judges and lawyers in developing countries and going on fact-finding missions took him to nearly all the countries of the Middle East, as well as Western and Northern Africa.

But the call to practice law caught up to him. He came back to the United States in 1996 to interview at large firms in Washington, D.C., and New York, but it was an advertisement in a University of Michigan Law School periodical for a job with Derfner in Charleston that caught his eye.

“I walked up the rickety stairs at 171 Church St. and came into Armand’s massive office with papers and folders and everything piled to the ceiling. And I fell madly in love with him. He wasn’t looking for a protege, but I was looking for a mentor and I wouldn’t take no for an answer,” says Wilborn.

“When you interview in these law firms in big cities, you go into a room and listen to someone about how great they are, how important a lawyer they are. I met with Armand, who in my estimation is truly an important lawyer, and he talked about his dad and his life. I felt like this is a special guy.”

The family man

Dads, mothers, siblings and children, after all, are very important to Wilborn.

Growing up on the Virginia side of Washington, D.C., Wilborn and his two brothers, Burke and Jim, lived in the “Kool-Aid house,” the one where all their friends came over to play and hang out.

“There were always kids and friends and neighbors in and out of the house. I’ve had a difficult time adjusting to modern parenting with play dates and ‘Let’s do dinner seven weeks from now.’ At my house, the door was always open. … It was a really fun, vibrant, social childhood.”

The way Wilborn talks about his family — father David, mother Belinda, brothers and close friends — was a big reason his wife, Caprice “Cappy” Pate Wilborn, fell in love with him in the first place.

“I knew that if he could love his family that much, he could love me that much, too,” says Cappy, the mother of their two children, Jim, 10, and David, 8.

Wilborn and Cappy met in September 1996. He had just moved here and she was living on Society Street. She came out to her car and found Wilborn looking at the hubcaps of her 1984 Volvo. He joked that he wondered how her hubcaps would look on his 1985 Volvo, then got in his car and drove off.

The two met again the following summer on Sullivan’s Island, started dating and quickly became close, bound by a common view of the world.

“We had some of the most amazing conversations. I remember talking about the power of one and that one person can make a difference,” says Cappy, who herself has dedicated her career to helping nonprofits, such as the Komen Foundation and the South Carolina Aquarium, raise money.

The two married Nov. 4, 2000, and both have shared passions for their families, travel and cycling.

As a family and individually, the Wilborns bike daily and stress safety for their boys.

She says, “We tell them that they can do everything right, by the book, but that they still have to look out for danger.”

Wilborn says that while Charleston, as well as the nation, has suffered setbacks recently for making cycling safer, he doesn’t see the effort going away.

“Every predictor I see of cycling is that it’s going great. We’re going to have bumps in the road. … But the trend is that cycling’s time has come and that it ain’t going anywhere, and that’s cause for celebration.”

Reach David Quick at 937-5516.