Bicyclists’ Rights: How to Avoid a Collision with a Cyclist

In the same way motorcycle enthusiasts exhort car drivers to “share the road,” bicyclists are also easily overlooked and endangered in their travels. Most guides seek to increase automobile driver’s awareness but focus on giving the bike riders the specific tips for avoiding accidents. What can car, van, SUV, and even truck drivers to reduce the risk of injuring cyclists? At Silverman, McDonald & Friedman, we represent cyclists who have been injured in a crash in or around Seaford, Wilmington and Newark to obtain compensation for their medical bills, pain and suffering, and other relevant damages.

Laws regarding bicyclists’ rights

Above and beyond the mandatory helmet laws for all riders under the age of 18, the state of Delaware has imposed other specific legislation to reduce the risk of accidents or injury. Under Title 21 of the Delaware Code, bicycles must follow all traffic rules, signs and guidelines in the same way as any other vehicle on the road, staying to the right of all traffic and lanes. The exceptions to the right-hand position include:

• When passing another vehicle moving in the same direction
• When preparing for any left-hand turn
• When proceeding straight in a right-turn only lane
• When necessary to avoid “fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards or substandard width lanes that make it unsafe to continue along the right-hand edge of the roadway.”

Left turns may be made after a full stop and after yielding to any traffic in either direction on the roadway. Hand and arm signals must be utilized to apprise other vehicles of the bicycle’s planned direction. The final, and perhaps most crucial element of Title 21 is that bicycles must be treated as any other vehicle on the roadway by the traffic around them.

Delaware has further specific laws dictating the rights of bicyclists as a “vulnerable user of a public right-of-way.” These laws mandate strict sentencing, fines and community service penalties for “for a careless or inattentive driver who contributes to the serious physical injury of a vulnerable user in a public right of way.”

Tips for drivers

Modern cars are at least 7 times bigger than most bicycles. The damage to person and property when motor vehicles collide with bikes is usually minimal for the car and driver, but serious or potentially fatal for the bicyclist. What steps can drivers take to reduce their risk of accidents with bikes?

• Exercise caution and consideration for all vehicles on the road
• Leave early to avoid rushing or speeding, which increase the risk of car/bicycle accidents
• Pass with prudence: it is possible you may not be able to fully see vulnerable bicyclists
• Give bicycles plenty of space on shared roadways, and yield to their hand signals

It is possible for cars, trucks, and bicycles to all peacefully and safely cohabitate on their way to their various destinations provided they all employ mutual respect and awareness for each other.

Our trusted personal injury attorneys at Silverman, McDonald & Friedman are here to defend your rights if you have been injured in an accident with a motor vehicle. Contact us by calling 302-888-2900 or filling out our contact form to schedule a free consultation with an experienced Delaware attorney in Wilmington, Newark, or Seaford today.