New Law in Delaware Intended to Improve Safety for Bicyclists

At Silverman McDonald & Friedman, we advocate on behalf of cyclists who have suffered injury in a crash in or around the areas of Wilmington, Seaford, and Newark for the financial compensation they deserve for their damages. Contact us today to learn more.

Bicycling is certainly an efficient and healthy way to not only exercise, but also travel from one destination to the next within a local area. However, due to the required interaction with motor vehicle traffic, it can expose riders to the risk of significant injury. In Delaware, the Governor recently signed a piece of legislation referred to as the Bicycle Friendly Delaware Act. The law sets forth the requirements of motorists when sharing the road with bicyclists.

The Delaware yield

According to the bill’s sponsor, Sen. David Sokola, the most significant change the law makes is giving cyclists permission to yield at many stop signs instead of coming to a complete stop. The law reflects a similarly passed law in Idaho, and allows cyclists to slow down as they approach a stop sign and continue traveling through as long as the intersection is clear. The provision is referred to in the state affectionately as the “Delaware yield.”

Advocates for cyclists maintain that stopping at stop signs interrupts a cyclist’s momentum and that it is efficient and safe to travel through an intersection by simply scanning the intersection as they approach. The law does not apply when a motor vehicle is stopped at an intersection stop sign or if there are two lanes of travel involved.

In order for this portion of the law to apply after four years, it must be renewed by the Delaware state legislature.

Eliminating the 3 foot passing rule

A 3-foot passing law is a requirement that can be found in states across the nation. However, these laws have failed to specify how vehicles should safely pass cyclists on the road. In Delaware, a solution has been implemented. As of October 5, 2017, in specific cases, Delaware drivers are required to change lanes in order to pass bicycles where the lane is too narrow for bikes and cars to operate safely alongside each other. This can include crossing a double yellow line.

Eliminating AFRAP

The majority of states in the nation – 42 to be exact – require bicyclists to ride AFRAP (as far to the right as practicable) in lanes of travel. The laws in these states do allow exceptions, however. Delaware legislators felt that this existing requirement in the state led to confusion about where cyclists should ride and how drivers should pass them. Therefore, as part of the Bicycle Friendly Delaware Act, AFRAP was eliminated.

No unnecessary honking at cyclists

The Act also prohibits drivers of motor vehicles from honking their horn at bicyclists unless it is required to warn of an immediate impending bicycle accident. The prohibition has been instituted due to the fact that a beep can unduly startle a cyclist.

Bicycle traffic signal installations

The new law also permits the installation of traffic signals tailored for bicycle riders in order to help regulate their travel along the bike lanes or bike paths. Plans to construct a new two-way protected bicycle path along Delaware Avenue in Newark instigated the idea of implementing these traffic signals. In this case, vehicles travel one-way along the road and bicyclists can benefit from specific signals to help regulate their safe travel in the westbound direction.

Another bill passed in Delaware enhances the penalties motorists face when they are convicted of inflicting serious injury on certain vulnerable users of roadways, such as cyclists, persons riding on roller blades or skateboards, persons driving a tractor, and pedestrians.

At Silverman, McDonald & Friedman, our personal injury attorneys are here to defend your rights and fight for the compensation you are owed if you have been injured on a bicycle due to the negligence of a driver. To arrange a free consultation about your case, call us today at 302-888-2900 or fill out our contact form. We are able to serve as your strong advocates from our law offices in Wilmington, Newark, and Seaford.