In Safron v. Elaine Helena Council, a North Carolina appellate court considered a bicycle accident case. The plaintiff was a graduate student riding her bicycle in Orange County. The defendant, meanwhile, was driving on the same road in her car. When the defendant saw the plaintiff bicyclist, she moved into the left lane and tried to pass. She heard her passenger side mirror drop and stopped her car. The plaintiff pedaled onward for a bit before stopping.
The defendant gave her contact information to the plaintiff, who was at that time standing by her bike. She offered to give the plaintiff a ride home, but the plaintiff decided to wait for a friend to pick her up. The plaintiff didn’t get medical care for a bruise but instead treated it with compresses and an over the counter pain reliever. Later, she went to the UNC student medical center, where they told her to keep doing what she was doing. However, two months later, she started to suffer pain episodes and needed treatment from a physical therapist and doctors.
She sued the defendant for carelessly and recklessly maneuvering her car while passing the plaintiff’s bike. She asked for medical expenses, property damage, lost income, and pain and suffering. She and the defendant contended damages were contested, but only the defendant claimed that the issue of negligence was contested.