The 5th annual Midnight Marathon Ride is coming up, and I’m super excited about it. This will be my first time participating in the ride, and it looks like there’s gonna be a record turnout. Tickets for the special “bikes only” commuter rail train to the start of the ride sold out in less than 8 hours!
In preparing for this epic event, I wanted to remind everyone about a crucial bit of safety info that may come in handy.
The shortest distance between two points is a straight line. However, when riding in traffic, many bikers are tempted to stray from this most efficient route. A bent path can be helpful in a number of situations (to avoid an open door, turning car, or pothole), but there’s one situation where a momentary deviation is not recommended: intersections.
Asked by
Anonymous
Nope!
Check out the following passage from Massachusetts General Law Chapter 90 § 14:
When approaching a vehicle which displays a sign bearing the words “SCHOOL BUS” and which is equipped with front and rear alternating flashing red signal lamps which are flashing, as provided in section seven B, and which has been stopped to allow pupils to alight from or board the same, a person operating a motor vehicle or trackless trolley shall, except when approaching from the opposite direction on a divided highway, bring his vehicle or trackless trolley to a full stop before reaching said school bus and shall not thereafter proceed until the warning signals are deactivated, unless directed to the contrary by a police officer duly authorized to control the movement of traffic.
As you can see from the above statute, motor vehicles (as defined in § 1) have to stop for busses with the stop sign out, but bicycles do not.
So, unless you’re operating a trackless trolly, feel free to ride through those with impunity, knowing in your heart that the law is on your side. Just keep an eye out for pupils.
Yours,
Josh
IMAGE via WABA
Under the law of nearly every state, bikes are vehicles. So what does that mean for you? This is the first post in a series that will take a look at the rights and responsibilities that come with vehiclehood.
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Just as you enter the intersection, that asshole in the silver Audi takes a surprise left turn in front of you. There’s no time to brake, and in an instant you’re over his hood and he’s spilled his venti Americano. Congratulations, you’ve just been left crossed.
Asked by
Anonymous
The driver.
Massachusetts General Law, Chapter 90 §14 has the following to say on the subject:
When turning to the left within an intersection or into an alley, private road or driveway an operator shall yield the right of way to any vehicle approaching from the opposite direction, including a bicycle on the right of the other approaching vehicles, which is within the intersection or so close thereto as to constitute an immediate hazard.
If he had hit you, it would have been because he failed to yield, thus violating this statute. As I’ve discussed before, breaking a law can make a crash your fault.
The driver would even be 100% at fault if he tried to claim that you were comparatively negligent because you were riding in the breakdown lane and he couldn’t see you. That’s because the statute goes on to say that “[i]t shall not be a defense for a motorist causing an accident with a bicycle that the bicycle was to the right of vehicular traffic.”
Now that’s how you write a fantastic bike law. Other states, get crackin’.
Yours,
Josh
Asked by
roosto
Well, here’s the thing: negligence per se isn’t actually automatic in Massachusetts…
In many other states it works that way, but here in MA, violation of a regulation or law is only evidence of negligence. It can be quite strong evidence, and very convincing, but at the end of the day, it’s not a done deal.
I didn’t mention this in my explanations of negligence per se for a few reasons:
So, to answer your question: yes, the fact that a cyclist did not have a rear reflector at night (as required by law) would be evidence that they were partially at fault for a crash. In MA, their liability would not be automatically proven, but in other states it would.
Boy, it feels good to get that off my chest.
Yours,
Josh
We can all agree: dooring is the worst. It’s the crash that comes out of nowhere and packs a serious punch. Unpredictable and ruthlessly efficient, it’s no wonder that dooring is often called “the Spanish Inquisition of bicycle crashes.”
Asked by
Anonymous
As I mentioned in response to this question, MGL ch. 85§ 11B gives bikers the right to ride anywhere that a car can legally drive. However, it goes on to say that that right can be limited on state highways where posted signs specifically prohibit cycling.
The Alewife Brook Parkway is a part of Route 16, which is a state highway. That means the DOT can limit bike access to all or portions of the route, if they post signs.
Asked by
huybm
It depends on the state, but in MA you do. When riding at night, MA General Law Chapter 85 § 11B requires a white light on the front, and a red light or reflector on the back. It also requires either reflectors on your pedals, or around your ankles.
Even though a rear light isn’t required, I’d definitely advise using one.
I was recently asked to do a post about “salmoning.” For those of you who aren’t in the know (I had no idea), “salmoning” is a cute way to refer to the practice of riding your bike the wrong way down a one-way street. You’re going upstream, get it? Cute.
