Sharing the Road: Bicycle and Motorist Safety in Massachusetts

By Joseph F. De Leo, Esq.

     With the warm weather upon us, soaring gasoline prices, increased summer traffic congestion along with many people trying to stay fit it is no surprise that there are more bicycles sharing the road with automobiles than ever before.  Unfortunately this increased interest in cycling has also brought a greater number of motor vehicle accidents involving bicycles, often with tragic results.

     According to the U.S. Census Bureau estimates, the number of Massachusetts residents who mostly rode a bicycle to work increased 80% from 2000 to 2011 from about 12,300 people to 22,000.  This is especially true in cities like Cambridge, Massachusetts where according to some estimates there were three times as many people biking on its streets in 2012 compared to ten years earlier.  In fact, according to the National Sporting Goods Association, about one in ten Massachusetts residents or approximately 688,000 people biked more than once in 2011.  At the same time, however, according to data released by a new report from Boston Mayor Thomas M. Menino’s office, the Boston Police recorded a total of 1,446 incidents involving bicycles and nine resulting in fatalities between 2010 and 2012.  This does not include the most recent tragic bicycle accident involving a MIT graduate student who was struck by a truck which failed to see her near Kenmore Square.

     Thus, understanding the rules of the road is more important than ever not just for motorists but bicyclists as well.

Rules for Motorists

     Massachusetts Law Chapter 90 Section 14 is clear as to the responsibility of motorists when approaching a bicyclist.  The following are a few rules to remember while driving:

·        In approaching or passing a person on a bicycle the operator of a motor vehicle shall slow down and pass at a safe distance and at a reasonable speed.

·        No person operating a motor vehicle that overtakes or passes a bicyclist proceeding in the same direction shall make a right turn at an intersection or driveway unless the turn can be made at a safe distance from the bicyclist at a speed that is reasonable and proper.

·        When turning to the left within an intersection, road, or driveway, a driver must yield the right of way to any bicycle approaching from the opposite direction even if it is to the right of the approaching vehicles.  Note it is not a defense to any accident with a bicycle that the bicyclist was to the right of vehicular traffic.

·        Motorists and passengers must not open a car door unless it is reasonably safe to do so and does not interfere with the movement of bicycles, pedestrians and other traffic.

·        Any such violation may be punished by fine of no more than $100 dollars.

Rules for Bicyclists

     Similarly Massachusetts Law Chapter 85 Section 11B states the responsibility cyclists have while operating their bicycles on the Commonwealth’s roads. State law says that bicycles shall have the right to use all public ways in the Commonwealth except limited access or express state highways where signs specifically prohibiting bicycles have been posted and they shall be subject to all the traffic laws and regulations of the Commonwealth. Some rules specific to bicycles include:    

·        Bicyclists must not ride more than two abreast but on a roadway with more than one lane in the direction of travel, bicyclists shall ride within a single lane.  However, bicyclists must allow any traffic to pass.

·        A bicycle operator shall signal by either hand his intention to stop or turn except when both hands are necessary for the safe operation of the bicycle.

·        Bicycles may be ridden on sidewalks outside business districts when necessary in the interest of safety unless otherwise directed by local ordinance.  A person operating a bicycle on the sidewalk shall yield the right of way to pedestrians and give an audible signal before overtaking and passing any pedestrian.

·        A helmet is required on any cyclist 16 years of age or younger.

·        Reflectors are required either on each pedal or on the cyclist’s ankles during the period from one half hour after sunset to one half hour before sunrise.  Similarly during this time period a front headlamp and rear red light lamp or reflector is required.

     Clearly, if both bicyclist and motorists obey their respective rules, use common sense in the operation of their vehicles, and respect each other’s right to use the road, they can easily coexist on Massachusetts roadways.  In addition, the number of accidents would be reduced while improving traveling conditions for the cyclist and driver alike.

     If you or someone you care about has recently been injured in a bicycle accident it would be beneficial to consult an experienced attorney in order to answer your questions and understand your legal options including getting advice about paying for your medical bills and other damages you or a loved one may have suffered.  As always, my office is available at all times to answer your questions and provide a free telephone or in person consultation. Remember, please always drive and bike safely!

Attorney Joseph F. De Leo is a lawyer with over twenty eight years experience handling personal injury claims serving the entire greater Boston area. He can be reached at jdeleo@deleolaw.com or by visiting deleolaw.com