Answer Man: E-bikes traveling too fast on Merrimon? Do bike lanes have speed limits?

ASHEVILLE - Today's question is regarding bike lanes and whether you must abide by speed laws when traveling in one. Got a question for Answer Man or Answer Woman? Email Executive Editor Karen Chávez at [email protected], and your question could appear in an upcoming column.

Question: Do the bike lanes in Asheville and/or Buncombe County have a speed limit? Just saw a video of a guy on an e-bike doing 25 mph downhill in the bike lane on Merrimon Avenue across from Sherwin Williams and Wendy's past a line of 30+ cars slide into a truck turning into a parking lot. Truck had no way to see the e-bike coming. Car speed limit was posted as 30 mph. Doesn't seem legal or safe. The truck operator couldn't have seen him.

Answer: Reader, your worries for bicyclist safety are well-founded.

In 2022, Buncombe County recorded one death, 18 injuries and 25 total bicycle crashes, according to crash report statistics from the North Carolina Department of Transportation.

Earlier this year, a cyclist was seriously injured after being struck off of Merrimon Avenue. Considering this question was submitted later in the year, I'm going to assume these are different situations.

As for question regarding speed limits, the straight-ahead answer is: yes. Bicycles, and electric-assisted bicycles or e-bikes, do have speed limits in bike lanes.

In North Carolina General Statute 20-4.01, bicycles are defined as a vehicle, along with many other ways of traveling.

"Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon fixed rails or tracks; provided, that for the purposes of this Chapter bicycles and electric assisted bicycles shall be deemed vehicles ..." reads the statute.

Answer Woman: Update on Merrimon Avenue study? Chances of reversing road diet?

Since a bike is a vehicle, N.C.G.S. 20-140 applies speed limits to all vehicles, and does not differentiate between bike speed limits and motor vehicle speed limits.

The speed-limit for this situation was 30 mph, which, if you are correct about the cyclist speed at 25 mph — the bicyclist was not going too fast.

The dangers of bike lanes?

We may want some legal clarification for the truck aspect of this question, as, after all, drifting into a truck does seem like the more pressing aspect of the situation here — and, while I don't have a clear image of who may be at fault, perhaps a "bike lawyer" does, or at least can give us advice.

North Carolina personal injury lawyer Ann Groninger, who specializes in bike law, wrote a brief summary of the dangers of bike lanes for both cars and bikers in the 2020 edition of "Ride Guide," a legal manual to cycling in North Carolina.

Answer Man: Patton Avenue Ingles under development? What's up with the old Stein Mart?

Answer Man: What’s the law on distance between bikes, cars in North Carolina?

In the book, a specific circumstance just like the above situation is mentioned, where N.C.G.S. 20-150.1 outlines when it may be legal for a bicyclist to pass in the bike lane. While motor vehicles do have a duty to check to see if there are travelers in the bike lane, Groninger states that cyclists should ride with caution while using them.

"Motorists turning right toward you or left across your path and cars entering the road from parking lots or driveways have an obligation to look for bicycles in the bike lane and merge right when it is safe to do so, but they often fail to do so. Be aware of this danger and keep a careful lookout."

"Although the statute does not specifically mention them, a bike lane should be considered a separate travel lane. However, use extreme caution if you are in a bike lane passing cars on the right," Groninger wrote.

So, it seems that the truck likely may have been at fault for not checking the bike lane, but I am no bike lawyer. If you find yourself in such a situation, you'll probably want to hunt one down.

You can read Ride Guide online at bikelaw.com/wp-content/uploads/2014/11/BIKELAW_RG_NC_Web.pdf.

More bike lane coverage: Asheville City Council OKs downtown bike lanes amid heated discussion

Will Hofmann is the Growth and Development Reporter for the Asheville Citizen Times, part of the USA Today Network. Got a tip? Email him at [email protected].

This article originally appeared on Asheville Citizen Times: Do Asheville bicycle lanes have speed limits? Do e-bikes?