Championing Cyclist Rights With Ann Groninger

August 28, 2024 | Written by Gladiator Law Marketing

Ann Groninger is a Partner at Johnson & Groninger PLLC, a law firm dedicated to representing individuals in North Carolina who have been injured, abused, or treated unlawfully. Ann began her legal career in 1995 as a criminal defense attorney, gaining significant courtroom experience, including several landmark death penalty trials. Later, she shifted her focus to personal injury and civil litigation, specializing in cases involving bicycle accidents and other serious personal injuries. Her expertise extended to a wide range of cases, including other accidents, liability related to properties and products, as well as industrial accidents. As a Co-founder of North Carolina Bike Law, now part of Bike Law, Ann advocates for cyclists nationwide, promoting their rights and safety. She is also the author of the Ride Guide, a resource on North Carolina’s bicycle laws.

Here’s a glimpse of what you’ll learn:

[1:48] Ann Groninger talks about why she wanted to be an attorney
[3:50] What makes Johnson & Groninger PLLC unique?
[6:08] Why Ann became involved in advocacy
[7:53] The challenges faced by bicycle crash victims in states with contributory negligence laws
[10:20] Key elements and implications of the Ride Guide for cyclists and motorists
[14:30] How local legislation and community engagement affect bicycle safety
[17:58] Ann’s advice to cyclists and motorists to reduce tension and increase safety on the road

In this episode…

Cyclists encounter various obstacles while on the road, ranging from inattentive drivers to complex legal considerations following an accident. What measures can these everyday cyclists take to safeguard their rights and make their voices heard?

According to Ann Groninger, a seasoned attorney and passionate cycling advocate, it starts with understanding the law and being prepared. She highlights the importance of early and thorough investigation in cases involving cyclists, noting how critical evidence can be gathered and used to challenge misconceptions. Ann emphasizes that many cyclists are unaware of the legal protections available, often leading to missed opportunities for justice. By combining her legal expertise with her commitment to cycling, she has transformed how cyclists are represented and became a leading voice for their rights.

In this episode of 15 Minutes, host Chad Franzen speaks with Ann Groninger, Partner at Johnson & Groninger PLLC, to discuss how she champions cyclist rights through her legal practice. They explore the common misconceptions cyclists face in the legal system, the importance of thorough case preparation, and practical advice for cyclists and motorists to enhance safety on the road.

Resources mentioned in this episode:

Special Mentions

Quotable Moments

“If you’re passionate about what you’re doing, you’re going to want to work really hard and make those sacrifices because it’s something you love.”
“Being involved in criminal defense really helped me learn the rules of evidence and understand a courtroom and what goes on during a trial.”
“The biggest thing I’ve had to figure out is how to counteract contributory negligence — that’s a huge challenge for any plaintiff in North Carolina, but particularly cyclists.”
“Thoroughly investigating cases early on and connecting with the evidence and the witnesses definitely helps early resolution.”
“Stay off the phone; one of the biggest problems I see these days is distraction, more people just being hit from behind.”

Action Steps

Educate yourself on bicycling laws: Familiarize yourself with local and state bicycling laws to protect your rights and responsibilities on the road. Understanding these laws gives cyclists the knowledge to navigate potential legal issues and interact with law enforcement confidently.
Invest in a camera for your bike: Consider using a camera while riding to document incidents and prove fault when necessary. Cameras are an effective tool for providing tangible evidence in the event of an accident, which can be critical in legal disputes.
Stay visible and predictable: Wear bright clothing, use lights to increase visibility, and follow traffic rules to ensure predictability. Visibility and predictability are key to reducing accidents as they help make cyclists more noticeable to motorists and convey their intended actions.
Seek early legal consultation following a crash: After experiencing a bicycle crash, contact a lawyer who specializes in bicycle law for a consultation. Early consultation may help gather evidence quickly and offer legal advice to navigate complex insurance and legal processes.
Engage in advocacy and community involvement: Join or support local advocacy groups working towards better bicycling infrastructure and laws. Actively participating in advocacy and community work can lead to long-term improvements in bicycling safety and policy.

Sponsor for this episode…

This episode is brought to you by Gladiator Law Marketing, where we deliver tailor-made services to help you accomplish your objectives and maximize your growth potential.

To have a successful marketing campaign and make sure you’re getting the best ROI, your firm needs to have a better website and better content. At Gladiator Law Marketing, we use artificial intelligence, machine learning, and decades of experience to outperform the competition.

To learn more, go to gladiatorlawmarketing.com or schedule a free marketing consultation. You can also send an email to adam@gladiatorlawmarketing.com.

Episode Transcript

Intro 0:01

You’re listening to 15 Minutes where we feature community leaders sharing what the rest of us should know but likely don’t.

Chad Franzen 0:12

Hi. Chad Franzen here, one of the hosts of Share Your Voice, where we talk with top notch law firms and lawyers about what it takes to grow a successful law practice. This episode is brought to you by Gladiator Law Marketing, delivering tailor made services to help you accomplish your objectives and maximize your growth potential to have a successful marketing campaign and make sure you’re getting the best ROI your firm needs to have a better website and better content. Gladiator Law Marketing uses artificial intelligence, machine learning and decades of experience to outperform the competition to learn more. Go to gladiatorlawmarketing.com where you can schedule a free marketing consultation. My guest today is Ann Groninger, Partner at Johnson & Groninger PLLC, and combines her passions for advocating for individuals and for bicycling culture and her legal practice. She began her career in 1995 as a criminal defense attorney for Cumberland County Public Defender’s Office, and later transitioned to private practice in Fayetteville, North Carolina. Her criminal defense experience includes several death penalty trials, including landmark cases addressing intellectual disability and the death penalty. She transitioned to personal injury and civil litigation. In 1998, her interest in bicycling advocacy grew. She co-founded North Carolina Bike Law, now part of bike law, and advocates for bicyclists nationwide, and regularly speaks at bicycling events, promoting cyclists rights, safety and women’s bicycling initiatives. She authored the Ride Guide clarifying North Carolina’s bicycle laws for cyclists, motorists and law enforcement aiming to enhance safety and enjoyment for all riders. And thanks so much for joining me today. How are you?

Ann Groninger 1:48

I’m doing fine. Thank you for having me.

Chad Franzen 1:51

Yeah, thank you for joining us. Hey, tell me when and how and when did you know that you wanted to become an attorney?

Ann Groninger 2:00

Oh, probably while I was in law school, I went to law school because I felt like there was more. I had an undergraduate engineering degree, and I felt like there was more that I could do with that than what I was seeing in the job market. So Law School sounded interesting. And, you know, while I was there and taking different courses and clinics and whatnot, I realized that I enjoyed litigation and wanted to litigate.

Chad Franzen 2:25

Have you found that your engineering degree, even though you’re not necessarily doing engineering, has been helpful for you in your career?

Ann Groninger 2:34

Yeah, it really has, especially what I’m doing now with these I’ve handled a lot of bicycle crash cases involving, you know, any kind of vehicle, from commercial to personal vehicles. But in any case, there’s always a lot of engineering involved. And while I can’t be the expert in my own case, it helps me to interact with the experts and understand what they’re talking about. And then I A lot of times I can figure out things by myself. And then, you know, kind of get the, you know, having have an expert who often, sometimes calls me out as being wrong, but but often verifies what i’ve what I’ve seen, but sort of short shortcuts, and, you know, being able to analyze a lot of cases and understand what happened.

Chad Franzen 3:15

As I mentioned, you are a partner at your firm. How did your How did you, how did your partnership and even your involvement in that firm come about?

Ann Groninger 3:24

Well, my partner, Valerie and Johnson and I were both partners in a larger firm of about, I think it was about eight to 10 lawyers at different times, and three of us left that firm. One has since gone in another direction, but yeah, the two of us remained, and we’ve been practicing together since May of 2000

Chad Franzen 3:44

a long time. Oh, wow. Okay. What can you tell me about your firm that kind of makes it unique?

Ann Groninger 3:50

Well, I think we are the largest women owned law firm in North Carolina. My partner is African American. We have associates a member of the LGBTQ community, and another associate who’s Latina and grew up in that was raised by a Cuban grandmother. And so we like to consider ourselves to be a very diverse and to represent multiple aspects of the community, or, you know, a diverse community, as

Chad Franzen 4:21

I mentioned, you started out doing criminal defense. What kind of prompted you to transition from criminal defense to personal injury and civil litigation?

Ann Groninger 4:30

Well, I quickly realized that I couldn’t do both. Well, criminal defense to earn a living in it a lot of times involved a lot of time spent sitting in a courtroom, which takes away from a civil practice. And so I kind of gradually got into civil practice after opening my own practice. And I was doing both for a while, and eventually gave up the criminal defense at least temporarily. I’m, you know, I am handling, I am part of a team handling a post conviction. In death penalty case, still that I’ve been involved in some fashion or another since 1994 so I haven’t been able to let go of that case, and I don’t want to and but other than that, you know, down the road, one day, I wouldn’t foreclose accepting a appointment to a capital case or some major criminal case. But for the most part, my concentration has been on civil

Chad Franzen 5:25

How did your experience, or, you know, your continuing experience, even in criminal defense, help shape your approach to representing injured individuals?

Ann Groninger 5:35

Yeah, well, the most obvious way was that I spent a lot of time in the courtroom. And a lot of people getting out of law school don’t really get that opportunity. There aren’t very many civil trials. In fact, I’ve been in courtrooms where the judge has said that, you know, despite being on the bench for a long time, it’s their first civil trial. So being involved in criminal defense really helps me learn the rules of evidence and, you know, understand a courtroom and how, how courtrooms work, and what, what goes on during a trial.

Chad Franzen 6:02

What inspired you to become involved in bicycling advocacy?

Ann Groninger 6:08

Well, the beginning of the inspiration was through our bike laws founder Peter Wilborn, who was a lawyer in South Carolina and founded scbikelaw.com and we met through through a former partner of mine, and formed North Carolina bike law, which grew into bike law nationally. But I’ve been a cyclist for Well, I’ve been passionate about bicycling my whole life, and started, you know, riding more extensively, I guess in the early or maybe mid 90s, and so when I met Peter and we started talking about forming North Carolina bike law, it was a really good fit. So it’s been my passion for a long time, and it was great to transition my passion into into my work.

Chad Franzen 6:56

Was there something about your experience in, you know, as a cyclist that helped, helped you become more of a advocate for maybe victims of bicycle crashes.

Ann Groninger 7:08

Oh yeah, for sure. I mean, a lot of the people I represent are friends of mine or friends of friends, you know. So a lot of my practice is word of mouth. I’ve seen a lot of close friends go through tragedies, you know, anywhere from, you know, minor crashes that are scary for them and make them question wanting to continue to do that activity, to people who have lost family members and gone through, you know, very significant tragedy. So, so, yeah, I mean, it is, it is very personal, and it, it’s because of my love of cycling, that I’m able to be as passionate as I am about the practice.

Chad Franzen 7:46

Are there maybe some common challenges faced by victims of bicycle crashes when it comes to the legal industry?

Ann Groninger 7:53

Oh, absolutely, especially in a case like North Carolina, a state I’m sorry, state like North Carolina, where we have what’s called contributory negligence. We have a pure contributory negligence. We’re one of only four states in the country that have that law, and it’s it’s really very egregious. So if you’re a victim of somebody else’s negligence, but you contributed any amount, even if it’s 1% to the crash, then jury will be instructed to return a verdict of zero. Whereas in other states. In South Carolina, for example, if you’re 1% negligent, and somebody else is 99% then you would get 99% of your damages. So that’s a huge challenge for for anyone, any plaintiff in North Carolina, but I think particularly cyclists, because a lot of people feel like getting on a bike on a road is at least 1% of fault. So we’ve One thing I’ve had to do in my practice is spend a real lot of time figuring out how to counteract that argument and that perception.

Chad Franzen 8:49

Are you kind of known as, like, the bike lawyer in North Carolina? I mean, I’m guessing a lot of most attorneys don’t, you know, come right out and say, like, you know, bikes are I’m passionate about, you know, bike bicyclists and things like that.

Ann Groninger 9:05

Yeah. Well, I hope so. I hope I’m known as that authoring the ride guide. You know, I think was something that no one else has done. I saw a need for it, because at the time, there were not any. There now are some other materials that are good and helpful, but at the time, there was nothing. And North Carolina doesn’t have a lot of bicycling specific laws. We’re left to interpret our motor vehicle laws. And so I saw the need for that book and put that together, and then came out with a second edition. I am referred often cases by other lawyers. They’re usually the difficult cases that people don’t want to jump into themselves or litigate themselves. But yeah, I think even, certainly in the bicycling community, and then even even in the legal community, I think I definitely have, you know, over the, gosh, it’s almost 20 years now, established myself as. Really focusing on bicyclists and being the lawyer that puts all really such a huge chunk of my, I guess, pro bono and advocacy efforts into cycling versus other areas of law or other areas of personal injury law.

Chad Franzen 10:15

What are some of the key elements of the ride guide?

Ann Groninger 10:20

Well, one of, I can tell you, one of, I can tell you, one of the provisions that we spent a really long time on, and I worked with some other people that I consider, not lawyers, but kind of academics, I suppose, in bicycling law in North Carolina, and we spent a lot of time going back and forth about lane position. And so that’s a big that’s a big part, because there’s some statutes, but again, it doesn’t really spell out specifically what bicyclists are allowed to do, and what the reality is is often different from what the perception is, even among law enforcement and certainly drivers, motor vehicle drivers. So that’s a big part of it. But you know, basically, I went through the statutes and I made sure that I had everything in there that often comes up in my cases is, and, you know, then anything that I thought is a, you know, frequently a sticking point for for bicyclists. So, you know, just their requirements under the law and their rights under the law as well.

Chad Franzen 11:20

Do you employ any strategies to help facilitate swift resolutions for your clients?

Ann Groninger 11:28

Well, yes, I think that we like to work up cases pretty thoroughly on the early end, and so as soon as we get a case, we do everything we can to investigate it. You know, speaking with witnesses, getting law enforcement files. In a lot of cases, we’ve been able to get traffic cameras, which have completely changed the picture of what, you know, the people at the scene thought the case was about, and so, so, yeah, we we’ve definitely, many times, gotten a crash report that was just wrong and been able to prove it wrong, and you know, in that case, which, if we hadn’t done that early on, we might have had to file suit and got that information later, or maybe it wasn’t even there at all at that point, but, but yeah, thoroughly investigating cases early on and connecting with the evidence and the witnesses that are there, how It definitely helps early resolution.

Chad Franzen 12:19

Are there any common misperceptions that clients have about legal processes following a bicycle crash?

Ann Groninger 12:26

Oh, yeah, there are so many. And I actually about to put out a set of videos kind of explaining some of the basics that I think people have a lot of misunderstanding about. But yeah, there’s a lot of confusion about, you know, how medical bills get paid when there’s a crash, bicycle crash, a lot of confusion about, you know, time frames, you know what to what to expect. And it’s just a really confusing process for a lot of people. And it doesn’t help that, you know insurance companies are sending all sorts of messages, and then you get other communications from your health insurance company, and so it’s just a lot of information for people to juggle, and if they’re hurt and possibly concussed, that makes it all the more difficult.

Chad Franzen 13:15

So if litigation is necessary, and maybe you know, your clients are dealing with all sorts of effects of the accident or whatever. How do you prepare them for that litigation?

Ann Groninger 13:28

Yeah, well, we have a very deep conversation before we ever even venture into litigation. You know, I explained to them that it’s going to extend the time period quite a lot to get their case resolved, and if it has to go to trial, even longer, possibly appeal, even longer, the costs that are involved. So we, we weigh all that out. You know, there are times when the the costs, you know, it’s cost prohibitive, or it just doesn’t make sense for them financially, or they want to get it over with. So, you know, what I tell them to expect is to be in more frequent communication with us to obviously expect to have their deposition taken and potentially open themselves up to a lot of information gathering from the other side, which you know they wouldn’t have had to do without filing a lawsuit. So there’s definitely negatives about it, but there are some times when it’s really the best choice.

Chad Franzen 14:22

Do you engage much with local legislative, local legislators and authorities to improve bicycle safety?

Ann Groninger 14:30

Not so much. Directly, I’m so for a long time, I was a board member of a statewide organization, bike walk, NC. We have a director for that organization who is the front person with legislators, but as part of the board, you know, I participate in the conversations and the debate about, you know, the laws and and how to advocate for bicycling. We. Laws that are good for the bicycling community locally, not as much. You know, if there’s a call to action or something like that, I would participate in that. But really my, I think I’m, I’m best able to serve on more of the state level where the laws are made that locally, there’s, it’s more has to do with infrastructure funding and everything. While I’m definitely a proponent of that, I have to choose my battles. So I you know, my choice is to work with the laws that I have to implement all the day, every day, and have probably a lot more understanding about than I do local politics.

Chad Franzen 15:36

I’m sure you know avid cyclists have common frustrations with motorists. And I’m sure motorists who live in a community where cycling is popular probably have frustrations with cyclists. What are some things that motorists maybe should keep in mind when it comes to bicycle bicyclists rights and safety?

Ann Groninger 15:58

Yeah, the thing that baffles me the most is just the urge to have to pass somebody who’s on a bike. So I’ve been in so many situations where, you know, a motorist has gotten by me, but then been stopped by the light, and I end up being behind them for, you know, maybe even a mile, half a mile, something like that. So, you know, the idea being that just just slow down a little bit and wait and until it’s safe to pass. And then, you know, of course, make your pass, but don’t try to rush a pass, just so you can get behind, you know, get around somebody. You know, that’s the biggest thing. And then be on the lookout for bicyclists, you know, especially an area. Well, not especially, but in a lot of areas where there’s bike lanes, you know, traffic, motor vehicle traffic, may be backed up, but there may be somebody rolling down the bike lane. So, you know, keep a lookout for for bicyclists in more congested areas where there’s stores and, you know, pedestrians, things like that, where there might be people that aren’t driving cars. So you know that that’s a big thing. Stay off the phone. I think one of the biggest problems I see these days is distraction. You know, I see more and more people just being hit from behind. And you know, one case recently where we were able to get the traffic video, and the police officer thought the bicyclist was at fault. But once we saw the video, we saw that the driver just drove right into the back of the bicyclist and had plenty of time to go around them. And, you know, it seems like the clear distraction case. So we’re seeing more of those. I’d love to see more bicyclists riding with cameras. I know they can be expensive, but there have been cases where we’ve been able to resolve the fault issue because the bicyclist had a video of what happened, and, you know, we were able to prove their side of the story more easily.

Chad Franzen 17:43

Is there any beyond, beyond having a camera? Is there any advice? You know, we gave advice to motorists. What about to bicyclists, to help, kind of resolve, maybe tension.

Ann Groninger 17:54

To resolve tension.

Chad Franzen 17:55

Or to eliminate, or to eliminate danger?

Ann Groninger 17:58

Yeah. Yeah. You know, follow the rules, and you can only do you can only do so much. You know, we don’t advocate anyone ceasing to exist, but you’re going to be out there on the road, so follow the rules. You know, don’t, don’t run lights and stop signs and and aggravate. You know, drivers who have a bad perception about bicyclists don’t feed into that. I always tell bicyclists, too, to use lights wear really bright clothing while it’s not required by law. And I, you know, to me, if somebody’s looking they’re driving and they’re actually looking at the road, they’re going to see a cyclist, even if they’re wearing black. But if the bicyclist is wearing bright colors and lights and whatnot, it takes away an excuse for the driver. They’re less able to say, you know, oh, I just didn’t see them, and it’s their fault because they were wearing a dark color.

Chad Franzen 18:48

I have one more question for you. But first, how can people find out more about your firm and about bike law and anything else, everything else you have going on?

Ann Groninger 18:57

Well, bike law has a pretty extensive website at www.bikelaw.com and we have a lot of blog posts and even merch on there for bike law, and my firm is jglawnc.com and so both of those websites are available, and anyone’s always welcome to email me at ann@jglawnc.com Happy to answer any questions. I give a lot of free advice to people that don’t really need lawyers. My firm and I talk to people about the insurance process and how to handle small claims, things like that. People shouldn’t hesitate to reach out, even if they don’t think they need a lawyer, necessarily.

Chad Franzen 19:41

Okay, great. Hey. Last question for you, as I mentioned you, you’ve been, you know, practicing in the legal industry for about 30 years now, going on 30 years. What? What advice would you give to somebody who’s just starting out, maybe that they wouldn’t learn in law school and could only learn if they had well. Left in your shoes?

Ann Groninger 20:03

Well, I would say, to find an area that they’re passionate about. And I know that that sounds probably kind of trite, but you’re going to building a successful prep well, okay, first of all, decide how you want to spend your time, because if you’re going to litigate cases, you’re going to litigate cases, you’re going to work really hard and you’re going to make sacrifices in other parts of your life. And so if you decide to litigate you know you’re not going to want to do that unless it’s something you’re passionate about. And so you know, whether it’s protecting the elderly in nursing homes or rectifying medical errors or representing victims of traffic violence, or, you know, any anything, just find out what you’re passionate about and pursue that and just be prepared to work really, really hard for a long time. Um, definitely put in my time at a young age. And, you know now it’s a little bit more relaxed, but still working really hard, and it’s okay, because it’s something that I love.

Chad Franzen 21:00

Okay, great. Hey, Ann, it’s been great to talk to you. Thank you so much for your time and all of your insights, very interesting and informative.

Ann Groninger 21:08

Really appreciate it. Thanks, Chad, really great to talk to you. Have a great day.

Chad Franzen 21:12

You too. So long everybody.

Outro 21:15

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