• Bicyclists:
– Bicyclists possess all of the same rights and duties as drivers of motor vehicles. Md. Transp. Art. §21-102 – Bicyclists, like drivers of motor vehicles, must exercise ordinary care under the circumstances. Kaffl v. Moran
– Bicyclists must ride as close to the right side of the road as practicable, except when turning left, passing, or traveling on a one way street. Md. Transp. Art. §21-1202 – Operation of a bicycle in violation of a statute does not constitute negligence per se unless the violation is the proximate cause of injury. Miles v. State.
• Drivers of Vehicles:
– Drivers may assume that other drivers will obey the rules of the road and need not anticipate that others will violate the law. Dean v. Redmiles.
– Drivers of motor vehicles owe a duty to exercise due care to avoid colliding with any bicycle ridden by a person. Md. Transp. Art. §21-1209.
– Drivers must exercise greater vigilance when approaching an intersection. Heffner v. Admiral Taxi Service, Inc.
– Drivers approaching a circular green signal, when turning right or left, shall yield right of way to any other vehicle lawfully within the intersection when the signal is shown. Md. Transp. Art. §21-202.
• Turns:
– A person may not turn a vehicle from a direct course on a roadway unless the movement can be made with reasonable safety. Md. Transp. Art. §21-604(b).
– One who operates a motor vehicle on a public highway must anticipate the presence of others thereon and must exercise constant vigilance to avoid injuring them. Peoples Drug Stores v. Windham – A motorist may not, if any other vehicle might be affected by the movement, turn a vehicle without giving a proper signal. Md. Transp. Art. §21-604(c).
– A signal of an intention to turn must be given continuously during at least the last 100 feet traveled by a vehicle before turning. Md. Transp. Art. §21-604(d).
– A driver shall make a right turn as closely as practicable to the right –hand curb of the roadway. Md. Transp. Art. §21-601(a). This requirement is intended to provide further indication of an intent to turn so that the motorist will not be passed on the right. Norris v. Wolfensberger – Vehicles of greater than average size do not enjoy any additional rights. Drivers of trucks, having knowledge of their increased width and length, owe a duty to other drivers on the roadway to take these elements into consideration in the operation of their vehicles. York Manor Express Co. v. State for use of Hawk.
For more information, please contact me to discuss.