Jeff asked: Had an incident today where we were passed on a downhill double yellow line by a truck. Unfortunately for me the driver of the truck lived at the bottom of the hill and came over directly in front of me to turn into his driveway. He didn’t signal, and didn’t pass our entire group before coming over. I ended up hitting the back of his truck and FHP’s response was that since I hit him from behind it was my fault and they refused to cite him. Absolutely nothing I could have done to avoid hitting him as he didn’t provide sufficient clearance when he passed. What does the law require of vehicles when passing cyclists or other vehicles?
These are the applicable laws for this situation.
s. 316.083 – Overtaking and Passing a Vehicle
(1) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall … pass to the left thereof at a safe distance, and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle … The driver of a vehicle overtaking a bicycle … must pass the bicycle … at a safe distance of not less than 3 feet between the vehicle and the bicycle.
s. 316.085 – Limitations on Overtaking, Passing, Changing Lanes and Changing Course
(2) No vehicle shall be driven from a direct course … until the driver has determined that the vehicle is not being approached or passed by any other vehicle in the lane or on the side to which the driver desires to move and that move can be completely made with safety and without interfering with the safe operation of any vehicle approaching from the same direction.
s. 316.155 – When Signal Required
No person may turn a vehicle from a direct course or move right or left upon a highway unless and until such movement can be made with reasonable safety…
I recommend taking this information and statements from witnesses to the local FHP office and asking them to pursue it further.