Debbie asked:  I was riding on a sidewalk/bike path.  Headed west had green at intersection.  A car headed east had a green light and was stopped in left lane, then turned left.  I caught her out of the corner of my eye as I entered crosswalk, slammed on the brakes before either she hit me or I hit her.  There was no contact with vehicle but I was injured.  Who has the right of way?  Would her auto insurance cover bills and loss of work?

Answer

Bicyclists on the sidewalk have the same rights and duties as pedestrians.

s. 316.2065 – Bicycle Regulations

(10) A person propelling a vehicle by human power upon and along a sidewalk, or across a roadway upon and along a crosswalk, has all the rights and duties applicable to a pedestrian under the same circumstances.

Drivers must yield to bicyclists (Same rights as a pedestrian) in a crosswalk or so close as to be in danger.

s. 316.130 – Pedestrians; Traffic Regulations

(7)(a) The driver of a vehicle at an intersection that has a traffic control signal in place shall stop before entering the crosswalk and remain stopped to allow a pedestrian, with a permitted signal, to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk and is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

Drivers must yield to pedestrians and other vehicles within the intersection.

s. 316.075 – Traffic Control Signal Devices

(1)  …. the lights shall indicate and apply to drivers of vehicles and pedestrians as follows:

(a) Green indication

1. Vehicular traffic facing a circular green signal may proceed cautiously straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.

Drivers turning left must yield to other vehicles approaching from the opposite direction.  The statute does not say that the vehicle must be in the roadway.

s. 316.122 – Vehicle Turning Left

The driver of a vehicle intending to turn to the left within an intersection …. shall yield the right-of-way to any vehicle approaching from the opposite direction …. which is within the intersection or so close thereto as to constitute an immediate hazard.

To determine fault in this incident, it would be necessary to know the speed of the cyclist and whether the cyclist was (reasonably) so close as to constitute an immediate hazard when the motorist entered the crosswalk.

To determine if the costs incurred will be covered by insurance, you should contact your insurance company and that of the driver.  You should provide the information above to your attorney who will be able to assist with insurance information and the determination of fault.

D. asked:  I was reading about the question about a bicyclist turning left from near the center on a rural two lane without signaling.  http://flbikelaw.org/2010/03/left-turn-by-bicyclist/ However, what if the bicyclist is in fact signaling for a left turn after checking behind to control the lane?  But while initiating the turn, a motorist approaching from the rear, makes a passing maneuver and there is a collision.  What does the law say about that?

Answer

Let’s assume the overtaking driver can legally pass if the cyclist or another vehicle is not turning left.  Also assume the cyclist is turning into a driveway.  If the situation occurs at an intersection, other statutes apply.

The first premise is that drivers are cautioned to exercise due care to avoid colliding with a bicyclist.

FS 316.130 – Pedestrians; Traffic Regulations

(15) …. every driver of a vehicle shall exercise due care to avoid colliding with …. any person propelling a human-powered vehicle.

Passing any vehicle if it is known that a left turn is intended would not seem to be exercising due care.

Another statute addresses the “due care” obligations of vehicle operators.

FS 316.183 – Unlawful Speed

(1) No person shall drive  …. at a speed that is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing …. speed shall be controlled as may be necessary to avoid colliding with (anything) in compliance with …. the duty of all persons to use due care.

Other statutes address the obligations of drivers when moving laterally on a roadway and when turning.

FS 316.089 – Driving on Roadways Laned for Traffic

(1) A vehicle …. shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.

FS 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 another vehicle in the lane or to the side which the driver desires to move and that the move can be made with safety and without interfering with the safe operation of any vehicle approaching from the same direction.

FS 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 …. after giving an appropriate signal ….

FS 316.122 – Vehicle Turning Left

The driver of a vehicle intending to turn left …. shall yield right-of-way to …. vehicles lawfully passing on the left …. so close thereto as to constitute an immediate hazard.

FS 316.083 – Overtaking and Passing a Vehicle

(1) The driver of a vehicle overtaking and passing another vehicle proceeding in the same direction …. shall pass to the left thereof at a safe distance …. not less than 3 feet between the vehicle and the bicycle ….

These are the laws that apply.  Any finding of fault is left to someone who has access to all of the details of a particular situation.  The timing of each party’s actions would determine the requirements and responsibilities.  If the cyclist was actually executing a turn and was in the left lane when the overtaking driver moved out of the original lane to pass, the decision would be different from the case of the overtaking vehicle in the left lane well before the cyclist signaled and began the turn.  More than likely, the situation will be less clear.

Jayeson asked: 316.2065 (5) has an exception for making left turns but not for continuing straight/avoiding right turn lanes. This would seem to imply that a cyclist must move into a right turn lane which would then require taking the right turn. A common example is where a narrow road widens and then forms two lanes at traffic lights, with one lane for right turns and one for straight through and left turns.

Answer

A cyclist continuing straight through an intersection is not legally permitted to use a lane marked for right or left turn only.  See this post for the applicable statutes:

http://flbikelaw.org/2009/07/bicycles-in-left-or-right-turn-lanes/

The statutes do not easily resolve all circumstances that we may encounter.  Roadway design and construction does not always provide the optimum solutions for those circumstances.  Such intersections present a dilemma for cyclists and each must balance compliance with the laws and the safest options.

Melissa asked:  A person riding on a bike in the middle of a two lane county road makes a left turn but does not signal. The automobile driver sees the person on the bike in the right lane and goes into left lane to pass the person on bike. The person on the bike without signaling goes into the right front side of automobile. If the person on the bike fails to signal, what law would this be under in the state of Florida?

Answer

It appears the bicyclist was struck by the motor vehicle.  The answer depends on the actions and location of the bicyclist and motor vehicle before and upon impact.

A bicyclist preparing for a left turn is not required to keep right.

FS 316.2065 – Bicycle Regulations

(5)(a) Any person operating a bicycle upon a roadway …. shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:

2. When preparing for a left turn at an intersection or into a private road or driveway.

Another statute amplifies the intent of that above and states that the bicyclist may use the full lane from which the left turn is to be made.

FS 316.151 Required Position and Method of Turing 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 be legally made.

Bicyclists are required to signal when turning from a direct course or moving right or left on a highway.

FS 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, and then only after giving an appropriate signal in the manner hereinafter provided, in the event any other vehicle may be affected by the movement.

(2) A signal of intention to turn right or left must be given continuously during not less than the last 100 feet traveled before turning, except that such a signal by hand or arm need not be given continuously by a bicyclist if the hand is needed in the control or operation of the bicycle.

A bicyclist must also signal when slowing.

(3) No person may stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear, when there is the opportunity to give such  a signal.

The required manner of signaling is described in the law.

FS 316.156  Signals by Hand and Arm or Signal Lamps

(1) Any stop or turn signal when required herein shall be given either by means of the hand and arm or by signal lamps  ….

FS 316.157 Method of Giving Hand or Arm Signals

(1) All signals herein required to be given by hand or arm shall be given from the left side of the vehicle ….

(a) Left turn – Hand or arm extended horizontally.

(b) Right turn – Hand or arm extended upward, except that a bicyclist may extend the right hand and arm to the right side of the bicycle.

(c) Stop or decrease in speed – Hand or arm extended downward.

Whether the motorist or cyclist was in violation depends on the actions and position of the motor vehicle and bicyclist at the time of impact.  If the cyclist was in the right lane, the motorist has clearly violated the statutes about overtaking and passing.

FS 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 or other nonmotorized vehicle must pass the bicycle or other nonmotorized vehicle at a safe distance of not less than 3 feet between the vehicle and the bicycle or other nonmotorized vehicle.

If the cyclist turned into the path of the motorist in the left lane without signaling and insuring the safety of the movement, the cyclist has violated the statutes above.