Understanding Right-of-Ways as a Cyclist
The road can be a confusing place, especially when there are many different kinds of road users as there typically are in urban regions like the Bay Area. But knowing when and where you, as a cyclist, should yield in traffic can help alleviate the anxieties of travel and help limit risks that can lead to crashes and injuries.
What is a right-of-way? Simply put, it’s who has the legal right to pass another person’s path first. The most common example taught to new drivers is at a stop sign. When you arrive at a stop sign, other cars, pedestrians, and cyclists in the intersection have the right-of-way. Additionally, if you arrive at the same time as another driver, you yield to the person on your right.
When cyclists are added into the mix, right-of-way can become more confusing for some road users, but this simple guide will help you and others know when you should wait and when you should proceed ahead.
Bike lanes and right-of-way
It’s most important to remember that cyclists can be in traffic in the same capacity as vehicles as long as they are able to keep up with traffic. If they can not keep up with traffic, they should keep to the right-most side of the road.
California’s Three Feet for Safety law requires a motorist to give any bicycle in the far right lane at least three feet of space when passing. If the motor vehicle wants to turn right from the right-hand lane, they are to yield to any cyclist riding properly in the right lane when they prepare to turn right.
Bike lanes, which research shows increase safety for cyclists, do have specific rules that apply to them. At a stop sign or light, there can be some confusion about vehicles turning because the lanes often seem to merge, but vehicles must yield to cyclists in the bike lane before merging into the lane to turn.
While this is the rule, it’s not always followed. A vehicle driver may not look for bicycle traffic or know that they are supposed to yield, so it’s important for cyclists to be watchful when approaching an intersection and while stopped.
Also remember that the right-of-way for bike lanes extends into the intersection, even when it is unmarked, so continue to stay in your lane.
Violating right-of-way
Violating the right-of-way could result in a police officer issuing a ticket. This is true for vehicle drivers, pedestrians, and cyclists – although, unless a crash happens, it’s rare for this to happen.
Signals and road signs can help road users determine right-of-way rules:
Solid green: You have the right-of-way, proceed forward.
Solid red: This means stop. You may turn right after stopping if there is no sign instructing otherwise.
Red arrow: Remain stopped until the light changes and it is safe to proceed forward.
Blinking red: Treat a blinking red light like an intersection with a stop sign.
Yellow solid: The light is about to turn red, slow down.
Blinking yellow: You do not need to stop, but proceed with caution. If another road user is approaching the intersection ahead of you, wait for them to safely cross your path before proceeding.
As a cyclist, you will also want to respect pedestrians’ right-of-way just as a vehicle driver would. The California DMV instructs that “when there is a pedestrian crossing a roadway with or without a crosswalk, you must use caution, reduce your speed, or stop to allow the pedestrian to safely finish crossing.”
Crosswalks are made to accommodate pedestrians, so keep an eye on them to avoid any dangerous collisions. Like cars, cyclists should stop at the limit line when waiting for a light or right-of-way. This allows enough space for pedestrians.
Right-of-ways and personal injury
Whether a road user acted appropriately in regard to a right-of-way can matter greatly in a personal injury claim because it involves legal rights.
After an accident, an injured person may seek compensation from the driver who is at fault, but in some places, California included, violating right-of-way doesn’t always mean that the person was at fault for the crash. Instead, there is a burden to prove that the other driver was “negligent.”
Still, there is a good chance that violating another road user’s right-of-way will result in a jury finding the violating party as negligent.
Seeking help after injury
If you’ve been injured in an accident where there was a right-of-way violation, reach out to an attorney at Bay Area Bicycle Law for a free consultation. It is our duty to act in your best interest and we know bicycle law better than the rest because it’s our specialty.
Our attorneys handle cases across the San Francisco Bay region and beyond, and there are many benefits to working with a specialist.
Call 415-466-8717 today to learn more about what the experts at Bay Area Bicycle Law can do for you.