North Carolina Car Accident Attorney Blog

Charlotte, North Carolina drunk driver Stephen Lance Helms has been charged with Driving While Impaired, Assault with a Deadly Weapon, and Second Degree Murder in the hit-and-run death of cyclist Roy Dean Mittelsteadt.

Mittelsteadt was riding his bike on Rocky River Road on his way home from work Thursday night when he was struck by Helms, who fled the scene. A passing motorist discovered Mittelsteadt on the side of the road and called police. Investigators then alerted area police departments to be on the lookout for a vehicle with damage to the front end. A short while later, Helms was stopped while driving a vehicle with massive front end damage, and he was arrested for Driving While Impaired. Charges of Assault with a Deadly Weapon and Second Degree Murder were later added and he was released on $105,000 bond.

Middelsteadt, a veteran of Operation Desert Storm, is survived by his wife and four children.

If you or a loved one has been injured in a bicycle accident, or any accident with a drunk driver, the experienced attorneys at Auger & Auger can help. Call now for your free consultation.

According to the North Carolina Department of Transportation, Charlotte has the highest number of bicycle versus car accidents, accounting for nearly 12% of all bike crashes in North Carolina. Statistics show that 61% of bicycle accidents in North Carolina occur on roadways with a speed limit of 35mph or less, 63% occur on two-lane roads, and 61% occur on local streets.

The Charlotte Observer questions whether cyclists and motorists can share the road, and illustrates the ongoing conflict between riders and drivers. Drivers complain that they are slowed by cyclists they cannot safely pass or are riding side-by-side, and that cyclists do not obey traffic laws. Cyclists argue that motorists pass too close to their bikes and cut them off.

So who is right?

Under North Carolina law, a bicycle is considered a vehicle. This means that the rider of bike may ride anywhere except an Interstate Highway or other highway, and while the cyclist should ride as far to the right as possible, the cyclists may ride in the traffic lane if the far right is unsafe to ride on due to poor road condition, or if the cyclist can maintain the same speed as others in the road. It also means that cyclists are required to obey the same rules of the road as a car or truck.

For more information, see Bicyclists' Rights and Responsibilities, or call an experienced bicycle accident attorney for a free consultation.

Records show that Daniel Burton Wilson, II has a prior arrest for Driving While Intoxicated, back in 2009. Wilson plead guilty to Driving After Consuming an Alcoholic Beverage Under Age 21, and the judge gave him a Prayer for Judgment Continued. In 2008, Wilson was convicted of Possessing a Malt Beverage/Unfortified Wine by Someone who is 19 or 20. He has also been convicted twice for No Operator's License. All of this begs the question, was Wilson drunk again when he hit the six cyclists on May 19, 2010? Perhaps we will never know. Wilson did not turn himslef in to the Cabarrus County Sherriff's Office until several hours later. Did he go home to sober up before turning himself in? One can only speculate. He is scheduled to appear for a probable cause hearing on June 15, 2010. Stay tuned for more updates.

On May 19, 2010, while participating in "A Ride of Silence," a group bicycle ride to honor those who have been injured or killed while cycling on public roadways, 6 cyclists were mowed down by an SUV traveling in the opposite direction. The 21 year old driver of the SUV, Daniel Burton Wilson, II, fled the scene.

Wilson, who reluctantly turned himself in, has been charged with 6 counts of felony hit-and-run. Wilson has refused to answer any questions relating to this incident, leading one to speculate whether drugs or alcohol were involved, or even whether this was an intentional act.

Four of the six cyclists that were hit were rushed to area hospitals.

According to the North Carolina Department of Transportation, a bike rider is allowed to ride anywhere in the traffic lane, and not just to the right hand edge of the roadway, provided the rider is able to maintain the same seed as other vehicles on the road. Otherwise, riders are advised to stay to the right-hand side of the lane. Here, the cyclists reportedly were within their lane when Mr. Wilson crossed the double yellow line into oncoming traffic, striking the cyclists head-on.

Our Charlotte bike accident attorneys can answer your questions related to cycle accidents with cars.

With the month of May being National Bike Month, and the onset of warmer weather, more cyclists are taking to the roads. The prudent driver will exercise caution when encountering a bicycle rider.

A bicycle is considered a vehicle by North Carolina Law and cyclists are required to obey the same rules of the road as the driver of a car or truck.

Often times, however, automobile drivers do not treat cyclists as fellow motorists and tend to become impatient when behind a cyclist. Drivers must remember that unless they are maintaining a safe distance and a proper lookout, a seemingly minor impact with a bicycle can cause serious injury and even death.

In North Carolina in 2008, 32 cyclists were killed. This represents 2.2% of all traffic fatalities in the state, and exceeds the national average, which is 1.9% .

Our accident and injury attorneys can help you obtain the compensation you may be entitled to.