Bicycles & The Rules of the Road
Dear Sol,
My daughter was almost hit by a car while riding down the street. Thank God, the driver swerved out of the way, but my daughter still fell off her bike, breaking her wrist. The insurance company said my daughter was wrong for riding on the left side of the road. However, I thought that riding on the left side of the road, against traffic, is safer. Is the insurance company giving us bad information?
Answer: It is smart to question the information from the insurance company, especially when they might have to pay money. With this in mind, I can provide here some interesting laws regarding bicycles that may be both helpful and enlightening.
It is surprising to many people to learn that bicyclists are “subject to all of the duties applicable to drivers of motor vehicles under the law in New York State.”[1] This is generally true “except [as to] those provisions which, by their nature, can have no application.”[2]
Cutting straight to your question, under New York State’s body of law known as the Vehicle & Traffic Law, a bicycle rider must operate the bicycle on the right side of the road (with limited exceptions for safety and circumstances not applicable here).[3] By comparison, it is advisable that pedestrians walk on the side of the road facing traffic, which would usually be the left side of the road.[4]
It is worth mentioning here that each bicyclist has a broad duty to be aware of his surroundings and exercise due care, regardless of the situation, similar to vehicle operators. Each bicycle rider and motorist has a duty to operate his bicycle or automobile with reasonable care, having regard to the actual and potential hazards existing from weather, road, traffic and other conditions, and each bicycle rider and motorist must also use reasonable care to avoid an accident.[5] Stated another way, safety is key.
The following list of laws may be particularly interesting to learn. This first group of laws below include various noteworthy New York State laws for bicycle riders in the road:[6]
- Bicyclists must obey all traffic lights and signs and must signal, use hand signals, for turns.
- A rider can use either hand to signal a right turn.
- A bicyclist cannot wear more than one earphone or earbud attached to an audio device while riding.
- A child under fourteen years of age must wear an approved helmet.
- A bike can carry only the number of persons for which it is designed and equipped.
- No more than two riders can ride abreast.
- A rider must keep at least one hand on handlebars when carrying packages.
- A white headlight and red tail light must be used from dusk to dawn.
- The bike must have a bell or other audible signal (not a whistle).
- Reflective tires and/or other reflective devices are required.
There are more rules in New York City and various rules in different states. Noteworthy New York City laws for bicycle riders in the road, include the following:[8]
- Bike riding is not allowed on sidewalks unless a sign allows it or the bike’s wheels are less than 26 inches in diameter and the rider is twelve years or younger.
- Bicycle riders must use an available bike path/lane, if provided.
- There is no parking, standing or stopping by vehicles within bike lanes.
- Other vehicles shall not drive on or across bike lanes except for access to other roads, turns, and other safety needs, etc.
- No person shall ride a bicycle in a park, except in places designated for bike riding; but persons may push bikes in single file to and from such places, except on beaches and boardwalks.
There are additional laws regarding bicycles used for commercial purposes, electric bicycles, etc.
Thank you for the question, Sol
[1] Redcross v. State, 241 A.D.2d 787.
[2] Vehicle & Traffic Law Sec. 1231
[3] Vehicle & Traffic Law Sec. 1234
[4] See NYS DMV Driver’s Manual.
[5] Cole v. Swagler, 308 N.Y. 325; Baker v. Close, 204 N.Y. 92.
[6] See VTL § 375(24-a) & Art. 12
[7] See NYC Traffic Rules § 4-12 (p).
[8] See NYC Traffic Rules generally, incl. §4-07(c)(3)-§4-14(c).