General Bike Rights (Part I)

        All states have what are called “side-of-the –road” rules, which require bicyclists to ride on the far right side of the road, or in a bike lane, if they are not moving as fast as auto traffic. Cyclists following these rules account for the three most common types of road accidents for bicyclists;

·         Hitting the opening door of a parked car

·         Being brushed by a passing car or truck, &

·         Being struck by a motor vehicle turning right.

Fortunately, other laws combine with the side-of-the-road rules to help protect bicycle riders who share the streets with motor vehicles. In general, a bicycle has as much right to the roadway as a motor vehicle. Unless a specific law (as discussed below) directs otherwise, a cyclist may ride in the middle of a traffic lane & must be afforded the same rights of way as motor vehicles. You may need to remind an insurance adjuster about this more than once during the course of your claim negotiations.

                The following are general descriptions of the several rules that, taken together, determine liability in roadway accidents between bicycles & motor vehicles.

                Side-of-road laws & bike lanes. If a cyclist does not ride as fast as current motor vehicle traffic, the cyclist must ride as far as to the right side of the road as possible. (On one-way streets, the cyclist may instead ride to the far left). If a special bike lane is provided, usually on the far right of the roadway, a cyclist is required to use it.

                A bicyclist may leave the side of the road or the bike lane if the cyclist keeps up with moving traffic, if the lane is too narrow to share safely with passing cars, to make a left turn, or to avoid debris or other hazards.             

                Since a cyclist is required by law to ride close to parked cars, & a person is not permitted to open a car door unless it is safe to do so, an accident caused by the opening of a parked car door is almost always entirely the fault of the door-opener. An exception might exit if there was no motor vehicle traffic at all, thus eliminating the need for the cyclist to stay to the right. In this circumstance, the motorist who opened the car door might argue that the cyclist had an opportunity to avoid the door & thus was at least partly responsible for the accident.

                Space given by passing motor vehicles. Given that side-of-the-road rules force cyclists to share lanes with passing traffic, a companion rule requires motor vehicles to maintain a safe space while passing. Three feet is sometimes stated as a safe distance, though it is extremely difficult to be that precise when reconstructing an accident. The problem of sufficient passing space is particularly acute with trucks & buses, & with the ever-increasing number of enormous SUVs.

                Because a bicyclist has as much right to the road as does a motorist, a motor vehicle coming up behind a cyclist has a responsibility not to pass unless & until it is safe to do so. The motorist may need to slow down & wait until there is enough space, or change lanes, it is not the cyclist’s duty to stop or otherwise get out of the motorist’s way.