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.
RSS Twitter Flickr Facebook
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 [...]

EmailShare

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

 

 

 
  •  
  •  
     
     

photo

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.”

photo

Provided

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.

photo

Provided

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.

photo

Provided

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.

From Ann in North Carolina: Hit from behind collisions are not nearly as statistically common as intersection collisions.  But that doesn’t make the prospect of one any less frightening.  To make matters worse, motorists often have no idea what to do when approaching a cyclist from behind and there’s plenty of confusion among cyclists as well about how we’re supposed to behave.

Well, as we learned in Law and Cycling 101 (January 13 post) if you know the Rules of the Road for Motor Vehicles, then, in North Carolina, you know most of them for bicycles as well.  So drivers should treat cyclists like cars (although, I would argue, with greater care since we’re more vulnerable) and cyclists should act predictably and, as much as possible, as if they were driving a car.  As a corollary, there are no laws specifically requiring cyclists to ride single file, or no more than two abreast, or to pull over to allow traffic to pass.  If someone tells you there’s a law in North Carolina specifically requiring a cyclist to act a certain way, chances are pretty good he’s wrong, unless you’re having a conversation about lights or kids wearing helmets.

So where does that leave us?  What do we tell the police officer who tells us we should be riding single file?  Do we have any obligation to make way when we’re climbing a hill during rush hour with a pile of 20 cars behind us?  Should I make an aggressive driver complaint about the guy who just passed me? (http://charmeck.org/city/charlotte/Transportation/CDOTrequests/Pages/BicyclistReportonAggressiveDrivers.aspx, in Charlotte, for example)

Staying right: First, anyone going less than the legal maximum speed limit has to drive, “in the right-hand lane then available for thru traffic, or as close as practicable to the right-hand curb or edge of the highway” except when passing or getting ready to turn left.  The glaring, unanswered question, of course, is: what does “practicable” mean.  Is it practicable to hug the curb when I feel (and know) I’m safer riding a few feet out into the road in order to be more visible?  What if there is debris on the right?  Bottom line: know this rule and use common sense when applying it.  There’s a little case law on this around the country; let’s not make anyone a test case in North Carolina. Those arguments might be fun for the lawyers; not so much for the person we’re arguing for.

Passing distance: Second, South Carolina requires passing at a “safe distance.”  North Carolina has a two foot passing rule. The North Carolina rule requires “at least” two feet of space when passing and no returning to the right side of the road until the passing vehicle is safely clear of the overtaken vehicle.  I would argue that “at least” two feet means more feet are required in certain conditions (higher speeds, more vulnerable vehicles, ie. cyclists, etc)  I may be testing that argument soon in a court of law.  On the flipside, we have to give way to the overtaking vehicle – don’t speed up or intentionally block the car from passing.  Again, let’s use common sense!

Passing circumstances: Third, can drivers go over the double yellow line to pass cyclists? I am asked this question often, presumably because most cyclists want to be courteous and want to waive drivers by when the driver is waiting patiently behind the cyclists.  Here’s what the law in North Carolina says: NO, drivers may not cross the double yellow line to pass.  Here’s the catch: there’s no criminal punishment for doing so (remember the difference between civil and criminal).  But, if a driver goes over a double yellow to pass and causes a collision, you can bet that driver will be found at fault.  I understand (from general practice and guy who argued very vehemently with me in Durham) that cyclists will continue to waive drivers by. If you do, use caution and beware of the potential consequences.

Golden Rule: Finally, use signals, always be predictable and be visible. Looking cool in your dark colored kit isn’t worth your life. ‘Nuff said on that.

Want to know more or hear it live, for free?  Call us.  Our firms are located in Charlotte, Durham and Charleston and we travel.

Safe travels!

I (Ann in North Carolina) was going to post a specific topic for today and started writing it but realized that we’d be best served with a little foundational knowledge about cycling and the law. So you’ll have to wait until next week to learn about cars approaching from behind.  If temperature at start time is less than 40, I’m heading to the trails anyway!

Law, laws, everywhere: First of all, every state has different laws.  And within each state, some laws may vary from county to county, although the rules of the road are mostly state-wide and the county laws deal normally with other things that may affect cyclists – like loose dogs and where you can use a gun. Sidewalk cycling is a big topic of local ordinances; did you know Charlotte bans cycling on sidewalks only in a very few areas, mostly in center city?

Bicycles are vehicles: North Carolina has very few laws related to cycling.  The few that do exist mostly deal with equipment – lights and helmets, for example.  Surprised?  The Department of Transportation book for cyclists and pedestrians cites tons of North Carolina cycling laws.  Right?  Go to the actual statutes cited; they are motor vehicle statutes.  In almost every instance, in this State, we have to look at the motor vehicle laws and figure out how they apply to us.  South Carolina is similar, but has a great anti-harassment law, which we in North Carolina desperately covet.

Is it a crime? If you’re involved in a crash or some unpleasant interaction with another vehicle on the road, it is possible you may get to experience the criminal and the civil legal system.  If a police officer issues the at-fault driver (or cyclist) a ticket, that ticket is handled through the criminal system.  If the driver is charged with a crime, you could find yourself headed to a courtroom as a witness.  Since the State (or Prosecution) is bringing the charges and you would be a witness, at most, you do not necessarily need a lawyer for this proceeding.  However the prosecutor is representing the State, not you, so it is really helpful to talk with an attorney and, if the charges are serious enough, have an attorney (preferably a cycling attorney) in your corner.

It’s a crash, not an accident: If you or your bicycle is injured in this incident, you may also become involved in the civil legal system.  In other words, you may bring a claim against the driver who hit you.  You should always talk with a cycling attorney BEFORE talking with an at-fault driver or insurance company.  It may turn out you don’t need an attorney, for example, if your injuries are very minor.  But why not call or email one?  We’re really nice and sometimes we give you some nuggets you may not think of on your own.  Worst case scenario, we’ll have a nice conversation about cycling and making the world a better place.

If you have an attorney, the attorney will help you try to negotiate with the driver’s insurance company AND will help make sure all available insurance to cover your damages is discovered.  While the large majority of claims are resolved by “pre-lawsuit” negotiation, sometimes it is necessary to resort to the civil court system and if it is, you’d better make sure you have an attorney who knows how to find the courthouse!

Keep this civil/criminal difference in mind when we get to the more specific topics.  It’s important to know that the fact that police don’t issue the at-fault driver a ticket does not mean you don’t have a civil claim against the driver for your injuries.  In fact, police often won’t issue a ticket unless the officer him/herself has seen the rule violation. Or, for a very serious crash with serious injuries, law enforcement may perform an investigation with reconstruction to determine who is at fault.

That’s it for your first edition of the Winter Educational Series.  For more info, call, email or Facebook us. We’ll talk with your group and answer questions for free.  Why?  Because we want the world to be a better place for cyclists too.  Be safe and enjoy the ride!

I (Peter) took a few photos of my new commute from Sullivan’s Island to downtown Charleston this perfect December morning. Yes, I am proud to show off. Now, let’s see your commute. Send up to five photos with a brief description of your route. Send to peter@bikelaw.com

We will award Bike Law wool jerseys to the winners!

Categories include: best commute (I think I’ve already won, see below); worst commute; longest; shortest; and whatever else strikes our fancy. It is almost the holiday season, and we have a box of wool jerseys to warm you up. Also some wool socks. And water bottles. Send some photos and most likely get a prize!

CMPD Deputy Chief Harold Medlock has agreed to speak at CABA’s monthly meeting this Tuesday. CMPD leadership has expressed concern about the safety of cyclists on the road and we (Ann Groninger, BikeLaw, and Jeff Viscount, www.weeklyrides.com) have started discussions with Deputy Chief Medlock and others with CMPD about how we in the cycling community can work with CMPD to make Charlotte a safer place for cyclists. This is your opportunity to come hear about what the Charlotte Police Department has to say about cycling safety and to ask questions and make suggestions. Don’t miss it!