The unifying thread behind many bicycle vs. car accidents is this: All states have what are often 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. So, bicyclists who are intent on obeying the law will follow these rules. But at the same time, bicyclists' adherence to "side-of-the-road" rules often account for three of the most common types of traffic accidents involving bicyclists:
Fortunately, other laws combine with "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 has. Unless a specific law (some of these are discussed below) directs otherwise, a cyclist may ride in the middle of a traffic lane and must be afforded the same rights of way as motor vehicles. If you're a bicyclist, you may need to remind an insurance adjuster about this more than once during the course of your claim negotiations.
In this article, we'll look at several laws and traffic rules that, taken together, usually weigh heavily in a determination of liability for an accident between a bicycle and a motor vehicle.
If a cyclist is not riding as fast as current motor vehicle traffic, the cyclist must ride as far 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:
Since a cyclist is required by law to ride close to parked cars, and since the liability principles of negligence dictate that a person shouldn't open a car door unless it is reasonably 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 exist if there was no motor vehicle traffic at all, 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 and thus was at least partly responsible for the accident.
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, and large 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 and until it is safe to do so. The motorist may need to slow down and wait until there is enough space, or change lanes. Except for moving to the far right of the lane, it is not the cyclist’s duty to stop or otherwise get out of the motorist’s way.
If you're a bicyclist, following an accident in which you were bumped by a motorist passing in the same lane, an insurance adjuster might suggest that you were not as far to the right as you should have been. You may respond that it was the motorist’s duty to wait until it was safe to pass -- knocking you over was not an acceptable driving option. If the motor vehicle was any wider than an average car, you might also want to measure the width of the traffic lane, up to the line of parked vehicles (if any) where the accident occurred and determine the width of the vehicle that struck you. Measure the width of your bicycle at the handlebars (or wider, if you were bumped on a part of your body that extends out farther than the bars). If the extra width of the motor vehicle made passing you safely at that spot difficult, you have an even stronger argument that the vehicle had no right to attempt the pass at that point.
One of the most common causes of bicycle accidents is collision with a car turning right. While making a right turn, a car passes through the path of a cyclist, whether the cyclist is traveling in a traffic lane or in a bike lane. Some of these accidents happen when a car passes a cyclist, then slows down while turning right, moving directly into the path of a bicyclist who has nowhere to turn. Or a motorist simply turns right directly into a cyclist without seeing (and often without looking for) the bike.
In either of these situations, the motorist is liable for the accident. One of the basic rules of the road is that a vehicle may not make a turn unless it is safe to do so.
For more tips on establishing liability after a bicycle vs. car accident -- and everything you need to know to handle your insurance claim or lawsuit -- get How to Win Your Personal Injury Claimby Joseph L. Matthews (Nolo).