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This content is for informational purposes only and is not intended to provide legal advice.
The debate about who is at fault in an accident involving a car and a bicycle is a common one. Establishing whether the driver or the cyclist is at fault during such situations can be difficult. However, some laws protect the cyclist. They are called “side-of-the-road” laws.
Fortunately, the rules apply to all cyclists in every state. The authorities use them extensively in scenarios where accidents between the rider and motorist occur. They mainly require cyclists to ride on the far right of the road when they are moving slower.
They also allow them to move in a cyclist lane if they do not move at other motorists’ speeds. It’s good news that most riders have been abiding by such laws when on the road. However, others disobey such rules intentionally, resulting in accidents.
Cases Where the Side-of-the-Road Rule Results in Accidents
Even though most cyclists have been alluded to adhering to the rules strictly, there are scenarios where the “side-of-the-road” rules have resulted in accidents. For instance, cyclists have been in accidents, such as hitting the parked car’s opening door or being brushed by a passing vehicle.
In other cases, motorists turning right struck the cyclists. In most situations, cyclists end up enjoying similar protection to motorists.
Bike Lanes and Side-of-the-Road Law Exceptions
The law dictates that a bike rider is supposed to ride on the far right of the road. However, there are many situations in which this rule does not apply. Instances in which a cyclist is not required to ride on the far right of the road include:
- When the cyclist wants to make a turn
- When the lane is too narrow to share with cars
- When the pace of the cyclist is equivalent to that of the motorists
Such scenarios allow the rider to move out of their lane and utilize the main roadway.
Bike lanes are located to the far right of the road where cyclists are generally required to ride. Unfortunately, the far right of the road also comes with specific hazards. The roadside is often lined with parked cars, and there are situations where cyclists can hit the door of a parked vehicle that was opening.
These accidents tend to result from the person opening the door not ascertaining that it is safe to do so. In these cases, the cyclist can still be held partly responsible if it is determined that they had adequate time to avoid the accident compared to the person who opened the door.
Right Turn Right-of-Way
How many times have you witnessed a collision between a cyclist and a motorist when the car is turning right? When making a right turn, the motorist passes in the path of a cyclist. In such a scenario, the driver may pass the cyclist, slow down suddenly and make a right turn. A collision may occur if the cyclist is caught unaware of the situation. They may not be able to stop quickly enough and end up plowing into the side of the car.
Another instance is when a motorist doesn’t notice the cyclist and turns directly into them, causing an accident. In either of these cases, it’s the motorist who is wrong and not the cyclist. Therefore, the driver is liable because the basic road rules dictate that it’s not safe for the motorist to make a turn unless it’s safe.
The above rules highlight what you should expect when you hit a cyclist with your car. If you are involved in such an accident, you should contact an experienced car accident lawyer.
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This content is brought to you by Michelle Eddy.
Photo: Shutterstock
