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As with traffic laws in general, bicycle laws are enforced at the state and local levels. But while bicyclists generally are expected to follow the same traffic laws that apply to motorists, most jurisdictions also have laws that are specific to those operating bicycles on public thoroughfares. State laws and local ordinances also typically include bicycle helmet provisions, rules against riding a bike on the sidewalk,biking while under the influence and other bicycle-specific rules.

Some local bicycle ordinances have been criticized for making bikers (and pedestrians) less safe, such as requirements that bicyclists ride on the sidewalk or walk their bikes across intersections. Since bicycle laws can be different from one municipality to another, and not always intuitive, bicyclists should familiarize themselves with laws along regularly traveled routes.

Traffic violations incurred while riding a bicycle are handled just the same as for a moving violation involving an automobile. The ticket should indicate whether the violation involved a bicycle and will not affect your automobile insurance.Common Bicycle Traffic Rules

Signaling

While some bicycles are equipped with turn signals, bicyclists are required to use the proper hand signals when turning, changing lanes or stopping. Failure to signal while biking in traffic can result in a traffic citation:Right Turn / Lane Change: Right hand extended straight outLeft Turn / Lane Change: Right hand bent upward 90 degrees at the elbowStop: Right hand bent downward 90 degrees at the elbow

Helmet Laws

Most states and the District of Columbia require the use of bicycle helmets to some degree, often for children under the age of 16 or 18. And while there are no state laws requiring helmets for bicyclists all ages, many local ordinances do. Washington state, for example, has no state law addressing the use of helmets at all but many of its cities (including Seattle) require bicyclists of all ages to wear helmets.

Lights and Reflectors

In virtually every state, bicyclists are required to have red lights on the back and white lights on the front, as well as white reflectors on the front and red reflectors on the back. Details vary with respect to individual state and local laws.

Riding on Sidewalks

Most state and local ordinances prohibit bicyclists over a certain age (13 in San Francisco, for example) from biking on sidewalks, although bikers must always yield to pedestrians. However, some local ordinances allow bicycling on sidewalks and even prohibit bikes on certain streets.

Running a Stop Sign or Stoplight

As with motorists, bicyclists may not ride through a stop sign or stoplight without stopping completely first. Bikes move slowly (compared to automobiles) and so it may not seem practical to come to a complete stop--especially if stopping uphill--but failing to do so could result in a citation.State Bicycle Laws

The California Vehicle Code Section addressing bicycles states that anyone riding a bicycle on public streets or highways "has all the rights and is subject to all the provisions applicable to the driver of a vehicle." But the state also requires bicyclists to use properly spaced handlebars, use reflectors and lights when biking after dark, refrain from carrying packages while biking (unless at least one hand is on the handlebar) and wear helmets if under the age of 18.

Whether or not bicycling under the influence of alcohol or drugs is illegal largely depends on a given state's definition of "vehicle." Some states limit drunk driving laws to motorized vehicles, while others (Florida, for example) include bicycles and other non-motorized modes of transportation.

Keep in mind that bicycle laws often are mandated by local ordinances as well.

See "Bicycle Accidents" for information about liability, negligence and other information related to bike accidents

Particularly when they involve an automobile, bicycle accidents can result in serious and sometimes fatal injuries. Lawsuits to recover damages for injuries in bicycle accidents with automobiles involve many of the same issues as any auto accident lawsuit. As with other vehicle accidents, liability for bike accident injuries often comes down to negligence particularly whether the automobile driver's negligence caused the cyclist's injuries, and whether any negligence by the cyclist caused or contributed to the cause of the accident.

Bicycle Accident Liability Basics

Bicyclists and drivers are obligated to obey the rules of the road. These rules include traffic laws, as well as the duty to exercise ordinary care in regards to one's own safety and that of others on the roadways. Like other vehicle accident lawsuits, bicycle accident lawsuits are governed by state law, and often informed by state and local traffic laws.

Negligence and Bicycle Accidents

When a cyclist sues to recover damages for injuries suffered in an accident with an automobile, the outcome often depends on two questions:Did negligence (or recklessness) on the part of the driver cause the accident and resulting injuries to the bicyclist?Did any negligence of the bicyclist cause or contribute to the accident?

Driver Negligence or Recklessness

Negligence by a driver can take many forms. For example, speeding, running a stop sign, and drifting into a bike lane all constitute driver negligence, or even recklessness if done with knowing disregard for the safety of others.

In a lawsuit alleging negligence by another person, plaintiffs typically must prove that the defendant acted in a way that violated a duty owed to the plaintiff. In auto accident cases, this means violating the basic duty of care owed to everyone else on or near the roadways.

Accident lawsuits come down to facts specific to the individual case, and often the ability of the plaintiff to prove negligence through eyewitness testimony or other evidence. In auto accident cases, however, behaviors which constitute traffic violations can constitute "negligence per se." This means that if a driver was cited for a violation such as speeding at the time of the accident, evidence of the speeding violation counts as evidence of negligence. The burden then shifts to the defendant to prove that he or she did not cause the plaintiff's injuries.

Cyclist Negligence

Whether a cyclist sues a driver, or a cyclist is sued for causing someone else injury, cyclist negligence can determine the outcome of the lawsuit. Examples of cyclist negligence include riding the wrong way on a one-way street, running a stop sign, and turning abruptly into traffic.

Negligent cyclists may be unable to recover damages for injures they suffer in accidents involving cars. Such negligence is called contributory or comparative negligence meaning that the cyclist's negligence, at least in part, caused the accident to happen, and thus caused at leased some of the cyclist's injuries. If a cyclist rode negligently, and that negligence caused injury to someone else, the cyclist may be held liable for that person's injuries.

In accident cases involving children on bicycles, courts hold drivers to a higher standard. See specifics on child bicycle accident liability for more details.

Conclusion

Accidents involving automobiles and bicycles often involve serious injuries and can result in large liabilities. Like other types of vehicle accident lawsuits, bicycle accident lawsuits often come down to the issue of negligence specifically, whether the driver's negligence caused the accident and whether the cyclist's negligence caused or contributed to the accident. Many traffic violations (for both automobiles and bicycles) may constitute negligence. In most jurisdictions, however, failure to wear a bicycle helmet does not count as evidence of a bicyclist's negligence.

Drunk Biking + Although most DUI and DWI cases involve automobiles, trucks, SUVs and sometimes motorcycles, there are a large number of DUI cases involving vehicles that may be quite unlike the standard car. Other times courts are faced with cases that don't even involve a motorized vehicle, such as drunk biking. Here is an overview of how drunk driving laws treat bicycles, as well as some examples of non-automobile DUI's.Bicycles and DUI Laws

States and courts are split on the subject of drunk biking. Some people automatically doubt the amount of harm a bicyclist can cause to others, considering the nature of a bicycle. However, some states and their laws acknowledge that, even assuming a bicyclist likely only harms themselves by drunk biking, an injury to a drunken rider can have a profound effect on others, especially their family members.

In any case involving an allegation of drunk bicycling, the first place to look to is the DUI / DWI Laws of that State. Some states exclude bicycles entirely from their definition of "vehicles." Other states limit the application of their DUI or DWI laws to "motor vehicles." But some states treat bicycles as just another vehicle on the road, regardless of the language used within their DUI laws. In these states, drunk bike riders face the same potential legal landmines as any other drunk driver.

In general, where a state law on drunk driving specifically prohibits the operation of a "motor vehicle," the chances are very high that the law will be interpreted by courts as not applying to bicycles or similar man-powered vehicles. On the other hand, where statutes apply more generally to all "vehicles," courts sometimes find that bicycles fall into this category. A local attorney can be of valuable assistance in finding out what, if any laws, apply in these circumstances, and can determine whether or not courts in the area have applied state DUI laws to cyclists.Non-Automobile DUI: Other "Motor Vehicles"

Falling into another grey area of DUI law are types of motorized transportation that don't fit into the typical view of an everyday automobile. Some common examples of these are ATVs, pocket bikes (minibikes), golf carts, and other vehicles that aren't designed or intended for use on public highways.

Similar to the laws surrounding drunk biking, a good place to start in a non-automobile DUI case is with the laws of the state at issue. Some states create lists of "motor vehicles" that fit the definition under DUI laws, while others create definitions for those motor vehicles. The rules vary widely and it is best to consult your state laws, but here are some examples of non-automobile vehicles which have been found to qualify as "motor vehicles" under various state DUI laws:all terrain vehicles (ATV's)riding lawn mowerspocket bikesgolf cartsgo-carts

The general take-away from these examples, is that a vehicle that a wide variety of vehicles that have motors, wheels, and are operated by human drivers can qualify as motor vehicles for purposes of drunk driving laws (including horses and horse-drawn wagons). Once sharing public streets and highways, the amount of horsepower, the speed, or the danger posed (or lack thereof) by the vehicles may play a very limited role as far as drunk driving laws are concerned.



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