Kathy asked:  Vehicle traveling on 3 lane busy road in rush hour traffic. 2 way with turn lane in the middle for intersection with stoplight. Vehicle stopped at light and needs to get into turn lane (approximately 5 cars back).  Checked all mirrors with no oncoming traffic from the rear.  Inched out from a stop to get into turn lane.  Bicyclist has gotten in the lane on the driver’s side in the blind spot not a foot parallel to the car. As car turned into turn lane, bicycle and car collided. Does bicycle have right of way when all other traffic is stopped for a light and he is riding in my lane on my left side?

Answer

From the information you have provided, it is difficult to determine exactly what happened.  The cyclist may not report the details in the same way and we don’t have the benefit of unbiased witnesses.  The following are some comments and the statutes that apply.

You state that you checked your mirrors and there was no oncoming traffic from the rear, which apparently is not the case, since the cyclist was passing.

You indicated that you did not see the cyclist due to the blind spot in your mirrors. It is difficult to understand how you could determine that the cyclist was less than one foot from your vehicle if, as you stated, you didn’t see him. We are cautioned not to rely on our mirrors since they could be improperly adjusted, resulting in a blind spot.

Florida statutes require that we insure it is safe before changing lanes or moving left or right in the roadway.

s. 316.155 – When Signal Required

(1) 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…. in the event any other vehicle may be affected by the movement.

s. 316.089 – Driving on Roadways Laned for Traffic

Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following rules, in addition to all others consistent herewith, shall apply:

(1) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.

s. 316.085 – Limitations on Overtaking, Passing, Changing Lanes and Changing Course

(2) No vehicle shall be driven from a direct course in any lane on any highway 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 the move can be completely made with safety and without interfering with the safe operation of any vehicle approaching from the same direction.

It also isn’t clear why a cyclist would pass a motor vehicle on the left side with only one foot of clearance if the adjacent lane was clear, particularly if your left turn indicator was flashing, as is required for moving laterally in the roadway.

s. 316.155 – When Signal Required

….and then only after giving an appropriate signal….

A cyclist in the left turn lane with the intent to turn left is entitled to use the full lane.

s. 316.151 – Required Position and Method of Turning at Intersections

(1) The driver of a vehicle intending to turn at an intersection shall do so as follows:

(b) Left Turn – ….A person riding a bicycle and intending to turn left in accordance with this section is entitled to the full use of the lane from which the turn may legally be made….

If in fact the cyclist was passing at a distance of less than one foot, he may not have been passing at the safe distance required by the statutes.

s. 316.083 – Overtaking and Passing a Vehicle

The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules hereinafter stated:

(1) The driver of a vehicle overtaking another vehicle proceeding in the same direction …. shall pass to the left thereof at a safe distance….

Alfred asked:  Does a motorist in a left turn lane of a divided road with left turn signals on retain the right of way to the straight thru lanes over a bicyclist crossing the intersection? I always thought it is illegal to change lanes from a left turn lane.

Answer:

Let me restate the question to see if I have it right.  A motor vehicle is in a left-turn-only lane with turn indicators on.  A bicycle (Or any other vehicle) is crossing the intersection either left to right or right to left.  At the last minute, the motorist decides to continue straight instead of turning, and moves from the left-turn-only lane to the through lane.  What are the right-of-way implications?  We will assume there are no traffic control signal lights designating right-of-way.

This was discussed from a different perspective in the 7 July post – Bicycles in Left or Right Turn Lanes.  In that case cyclists were in the turn lane, but continued straight through the intersection.  The assumption was that there was no conflicting traffic, so the right-of-way implications were not discussed.  The same laws apply though.

FS 316.089 – Driving on Roadways Laned for Traffic – Whenever any roadway has been divided into two or more clearly marked lanes for traffic…

(3)  Official traffic control devices may be erected directing specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway; and drivers of vehicles shall obey the directions of such device.

Drivers of all vehicles, including bicycles, are entitled to the expectation that others will obey the traffic laws, and may act accordingly.  By violating the statute above and indicating the planned left turn, the motorist has the responsibility to insure future actions do not endanger others.  The motorist should yield right-of-way if there is potential for conflict.  If the lane change is made in the beginning of a long left turn lane, the right-of-way considerations are less clear.  In that case, both the motorist and the cyclist would have more time to evaluate the circumstances.

Intersections are dangerous.  The laws are designed to indicate respective right-of-way, but not all know or comply with the laws.  We must be alert and drive defensively.

Especially on the weekends, there are large groups of bicyclists, sometimes with 50-100 riders.  When they stop for a red light, they bunch up and begin to even fill the left-turn-only lane, thereby obstructing vehicles from using that assigned lane to wait for the light to change.   Once the signal is green, the bicyclists in the left-turn lane proceed straight; thereby, not following a marked turning course.   Isn’t that a violation?

Answer:

When stopped at the light, or at any other time when the intent is to proceed straight through the intersection, they shouldn’t use the marked left turn lane or a right-turn-only lane if present.  The statute that applies is:

FS 316.089 – Driving on Roadways Laned for Traffic – Whenever any roadway has been divided into two or more clearly marked lanes for traffic….

(3)  Official traffic control devices may be erected directing specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway; and drivers of vehicles shall obey the directions of such device.

Whether the offense is one that warrants a citation by an officer is subject to the discretion of the officer.   The cyclists are probably not thinking about it as a problem, and since they are slower starting, they may be more concerned with not blocking other traffic when the light changes.  If they can all get through one light, other traffic is not disrupted as much.

Is it a really a problem?  Have there been any incidents in which a motorist or cyclist has been injured or otherwise seriously affected?  Would it be a bigger problem if they stopped one behind the other in a long line?  Attempting to single out the actual miscreants and cite them is a difficult task after they resume riding.

Officers are busy and probably have other things that are far more important.  Lacking some indication that it is a real problem, I would put it in the category of 75 mph in a 70 zone on I-95.  Of course I would never do that, but if I ever did, I don’t think the officer would nab me.

If it is a problem, I recommend that an officer talk to the group.  They are probably on that same ride at the same time and place every week, and determining the starting point is not difficult.  If we can get bicycle groups and law enforcement agencies talking to each other to discuss situations like this, we can make giant steps toward communication and cooperation on the roads.