Cyclist vs. Driver? It Doesn’t Matter—Obey the Law

The weather we’ve been having this year is a welcome reminder that summer is well upon us. It is difficult to recall a time when the Pacific Northwest has enjoyed an extended period of such amazing weather. We’ve all seen, and many of us have experienced, the increase in outdoor recreation this year. Hopefully you’re among those who have gotten outdoors and taken a good deep breath of all that Southwest Washington and the Greater Portland area have to offer.

Washington and Oregon are among the most bicycle friendly states in the nation and it is no wonder that many local cyclists take their bikes through the streets and neighborhoods during this time of year. In light of this increase in cycling activity, it’s always good to check ourselves, and make sure we know the law applicable to cyclists and to motorists.

The Washington State Department of Transportation has provided a good summary of applicable bike laws. Below are some of the most pertinent:

Bicycle Helmets – Currently, there is no state law requiring helmet use. However, some cities and counties require helmets. Vancouver city is one example–it is mandatory for all persons to wear a bike helmet when biking in Vancouver City Limits.

Riding on the Road – When riding on a roadway, a cyclist has all the rights and responsibilities of a vehicle driver (RCW 46.61.755). Cyclists who violate traffic laws may be ticketed (RCW 46.61.750). To bicyclists: Obey the law—just because you’re not in a car, doesn’t mean you don’t have to obey “car” laws. To drivers: Learn to share the road with cyclists, they have as much right to be there as you do.

Children Bicycling – Parents or guardians may not knowingly permit bicycle traffic violations by their ward (RCW 46.61.700).

Riding Side by Side – Cyclists may ride side by side, but not more than two abreast (RCW 46.61.770).

Riding at Night – For night bicycle riding, bikes MUST be equipped with a working white front light (not a reflector) visible for 500 feet and a red rear reflector. I would recommend a red rear light in addition to the required reflector (RCW 46.61.780).

Shoulder vs. Bike Lane – Cyclists may choose to ride on the path, bike lane, shoulder or travel lane as suits their safety needs (RCW 46.61.770). Again, bicyclists: Obey the law. Drivers: Share the road.

Around these parts it is difficult to even discuss cycling without inciting a heated debate. The cyclists blame drivers for not seeing them, and the drivers blame the cyclists for not obeying the law. As both an experienced and trained cyclist and an attorney who represents other cyclists injured by the negligence of others, I know that it is not appropriate to point exclusive blame at either “side” of this debate, and I will not pretend to offer a real solution to the problem. But, it is a very real problem and in many respects, a majority of the time, both sides are probably partly right.As a driver, it is often difficult to see a cyclist on the roadway, even ones obeying the traffic laws. As a cyclist, it is often difficult to wait at a traffic light that may never change because the bike is not big enough, or heavy enough, to trigger the light mechanism that it’s “your turn.” It’s often easy to justify in one’s mind fudging on a law when “it won’t matter because there are no cars around.” One thing I know for sure, when either side screws up, cyclists get hurt. Sometimes they get killed.

Over my short career, I’ve already represented numerous cyclists on the losing end of a bike vs. car collision. In each of these cases, it was, by definition, the driver who caused the collision. In almost every case, the driver feels horrible for the injuries caused to the cyclist. It goes without saying that the cyclist feels horrible about the injuries too!

One of the greatest driver-created dangers is a driver who fails to yield the right of way and either enters an intersection or turns in front of a cyclist. These drivers simply don’t see the bicycle that is there to be seen–many times they don’t even look. Please look before making your turn or entering an intersection.

One of the greatest cyclist-created dangers is choosing to ride on the wrong side of the road–facing oncoming traffic. This is a sure recipe to get oneself killed (or injured so badly they’d wish they had been killed). Drivers who approach from a cross street intending to make a right turn, don’t always look to their right for oncoming traffic—why should they? They would not be expected to anticipate a cyclist approaching from their right. Believe me, the driver won’t look for you, and definitely won’t see you. Get on the right side of the road.

Regardless of whether you prefer the 2-wheeled or 4-wheeled methods of transportation, obey the law. Share the road. Pay attention. Follow the rules. Be smart.