Lobbying for bicyclists’ rights

We were there last Thursday and met in each Charlotte Mecklenburg legislator’s office to push for passage of HB 813/SB679. They were all very responsive and generally aware of the insurance companies’ clout in block this legislation for several years, but it is unclear now how soon the bill will go to the Senate floor for a vote.  It is not too late to contact your Senate representative. To do so, enter “CABA in Raleigh” in the
“Search ”
box down the right column of this page.

This is an extremely important bill is before the legislature right now that can bring long overdue equity to insurance recovery in crash situations for bicyclists (and pedestrians and car drivers as well).

Ann Groninger, Attorney with NCBIKELAW and an active CABA member has spearheaded this effort in conjunction with the North Carolina Active Transportation Alliance (NCATA) and a statewide legal justice group.


PRESS RELEASE May 28, 2010

Contact Person: Ann Groninger, –  Attorney with NCBIKELAW ( / ph.919.818.8369)

Health care and skyrocketing insurance rates are major issues as is the shocking level of fatalities on our local and state highways.

This is why the North Carolina legislature must vote to replace what lawyers call “Contributory Negligence” with “Comparative Fault”. .  46 other states have “Comparative Fault” laws. Fifteen of these have the lowest insurance rates in the US. Now it’s the State Assembly’s chance to stand up to the insurance industry and fight for fairness, equity and safety.

North Carolina holds onto an outdated law which is grossly unfair to all, and particularly to the most vulnerable road users: bicyclists, pedestrians or motorcyclists because it prevents them from collecting any damages in a crash situation where they have even a small percentage of fault. This means that if a truck driver who kills a bicyclist is judged by a jury to be 90% at fault, but the bicyclist who was killed was 10% at fault, the family of the bicyclist has no grounds for a claim. This may make bookkeeping a lot easier for the insurance companies, but it doesn’t lower the average citizen’s rates one iota.

Ann and Mark Ortiz with Senator Charlie Dannelly, Charlotte 38th District - Deputy President Pro Tempore


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