Bike lanes are becoming more and more common in cities and towns across the country as an effort to promote greener modes of transportation. However, the increase in bicycle traffic also leads to confusion and conflicts about laws and safety regulations for both cyclists and motorists when it comes to these designated areas. As accidents and injuries occur, questions arise over who is at fault and what the rules actually are. This article will clarify legal responsibilities and best practices for safely sharing the road.
Laws and Regulations Governing Bike Lane Use
There are specific state laws and municipal codes that provide guidance on the proper usage of bike lanes in most areas where they exist. Cyclists are typically required to use bike lanes when they are available, while cars are required to yield to bicycles and prohibited from driving or parking inside designated bicycle lanes. Exceptions are made for crossing over a bike lane to make a turn or access a driveway or parking space on the side of the road. Failure to adhere to bike lane regulations can result in fines.
Most states and local ordinances have additional rules in place to govern bike lane usage, right-of-way, and accident procedures. For example, California requires motorists to wait until a clear break in bicycle traffic before crossing a bike lane to turn or drive across it. Oregon mandates a bicycle lane clearance distance of at least 6 feet for faster moving vehicles. And laws in Delaware prohibit motorists from blocking bike lanes in ways that impede or endanger cyclist traffic. Becoming familiar with your jurisdiction’s specific bicycle lane laws and penalties for violations is important for both riders and drivers.
Bicyclist Rights and Responsibilities
Bicyclists must follow the same rules of the road as motor vehicles, including adhering to traffic signs and signals, using hand signals, and riding in the same direction as traffic. Wearing a helmet is also required by law for minors in most states. When there are bike lanes, cyclists must use them unless they are obstructed or unsafe. Exceptions include preparing for a left turn, passing another cyclist, or avoiding debris or other hazards. Cyclists should take care not to ride too close to parked cars to avoid doors opening unexpectedly. Using lights and reflectors at night is also legally required.
In addition to following traffic laws, asserting bicyclists’ rights contributes to safer roads. Vocalizing lane sharing needs and reporting unsafe conditions trains motorists to drive more attentively and prompts improvement where bike lanes are lacking or hazardous. Forming or joining bicycle safety advocacy groups allows fellowship and collective influence over legislation affecting cyclists’ safety. Educating oneself and bicycling defensively/predictably also reduces accident risks.
Motorist Duties and Obligations
The most common conflicts between cars and bicycles occur when motorists cross bike lanes while turning, or when they pull into lanes meant solely for cyclists. But drivers also have a duty to share the road. They must yield to bicycles in bike lanes before crossing them, even if making a turn. Motorists are required to give cyclists at least 3 feet of clearance when passing, more if traveling over a certain speed. Parking or driving in designated bicycle lanes is prohibited. All these actions can carry fines or traffic violations if disobeyed.
Legal Consequences for Violations
The laws covering bike lane usage and accident liability carry legal repercussions when disobeyed. Cyclists violating traffic laws or failing to take reasonable safety precautions can be considered partly negligent for accidents they are involved in, reducing any injury claim value. Minor bike lane infractions typically incur fines while more serious offenses like negligent or aggressive driving carry enough points to jeopardize one’s license.
In the case of right hook collisions, where a vehicle turns directly into the path of a passing bicyclist, motorists are usually found majority at fault due to failing to yield right-of-way during the turn. Punishments for drivers who violate bike laws range from hundred-dollar citations to felony charges for inflicting gross vehicular injury during accidents with bicyclists. Jail time, license suspension, and restitution for victims’ damages may also be imposed.
Handling Accidents and Reporting Hazards
When bike accidents occur, following proper crash procedures is important for legal protections later. Cyclists should remain at the scene, notify police to file an official report, document the incident through photos or video if able, and seek any necessary medical care. Hazardous conditions should also be reported to the proper transportation authorities so that issues like potholes, debris, or faded bike lane striping can be remedied. Consulting with a personal injury attorney to understand the claim process and legal options is also advisable. An attorney can determine fault and liability, navigate insurance claims, and pursue maximum compensation for damages.
Legal Recourse After a Bicycle Accident
Bicyclists seriously injured by negligent motorists have legal rights to pursue compensation for both economic and non-economic losses. Economic damages include medical bills, lost wages from missed work, property damage to the bike, and other quantified expenses. Non-economic losses cover harder to quantify effects like pain and suffering or loss of enjoyment of life after disfigurement or disability from crash injuries.
An experienced bicycle accident lawyer can fight to prove fault lies with the driver, leveraging evidence like traffic cameras, cell phone records indicating distraction, and eyewitness testimony. Demonstrating negligence is key to recovering full bike accident claim value. Settlements won by attorneys also avoid the lower payouts insurance companies may offer directly to victims without proper representation.
Get Legal Help After a Bike Lane Accident
Bike lanes make roads safer and more accessible for cyclists, but they also introduce complexity around laws, liability, and accident procedures. Navigating these issues after a bicycle crash can be difficult without knowledgeable legal guidance. Partnering with an attorney who focuses specifically on bicycle collisions can ensure cyclists receive maximum compensation with minimum stress after suffering an accident in a bike lane due to negligent driver conduct. Taking quick legal action better positions cases for success. So, contacting a qualified lawyer promptly after any serious accident is always advisable.
If you have been involved in an accident while riding, visit our offices at: 700 Bishop St, Ste 2100, Honolulu, HI, 96813.
Call us today for a free consultation on (808) 745-1592.