Who Has the Right-of-Way Between a Bicycle and a Car?
Right-of-way laws are confusing and change from state to state. When it comes to determining who has the right-of-way between a bicycle and a motor vehicle, the answer depends on the scenario. While many people mistakenly assume that the more vulnerable road user – the cyclist – would automatically have the right-of-way, this is not the case. Bicyclists in Massachusetts are subject to the same laws and regulations as motor vehicles.
What Is the Right-of-Way?
The right-of-way refers to the legal right to proceed across a roadway, such as at a red light or stops sign. In any given situation, only one roadway user has the right-of-way. This prevents the intersecting of cross-traffic and related collisions. It is important for all roadway users, including both bicyclists and vehicle drivers, to understand Massachusetts’s right-of-way laws and who has the right to enter a roadway.
When Does a Bicyclist Have the Right-of-Way in Massachusetts?
Bicyclists are not classified as vehicles in Massachusetts (as they are in many other states), but they are still subject to the same traffic laws. This means that bicyclists have the same rights to the road and legal responsibilities as motor vehicle drivers, with a few additional responsibilities that only apply to cyclists. Unlike pedestrians, bicyclists are not automatically given the right-of-way over motor vehicle drivers.
When it comes to rights-of-way, cyclists must adhere to the same rules and traffic laws as motor vehicle drivers. At a four-way stop sign, this means yielding the right-of-way to the person who approached the intersection first. Unlike pedestrians, bicyclists do not automatically have the right-of-way at intersections in Massachusetts. A bicyclist must come to a complete stop at a stop sign and yield the right-of-way to the driver who was there first, if applicable.
At a red light, a bicyclist must stop and wait for the light to turn green along with other road users. During the red light, the cyclist must yield the right-of-way to all traffic that has a green light, including drivers, other cyclists and pedestrians. It is against the law for a bicyclist to roll through a stop sign or run a red light. Other scenarios where a bicyclist must yield the right-of-way to others are when turning left, when pedestrians are using a crosswalk and at a yield sign.
Who Is Responsible for a Bicycle Accident Involving the Failure to Yield?
Just as the right-of-way does not automatically go to a bicyclist, neither does liability automatically go to a driver for a bicycle accident in Massachusetts. Even if the bicyclist suffers more serious injuries and the driver was not injured at all, the driver may not be financially responsible for the crash if the cyclist was violating a traffic law at the time of the accident. This includes if the bicyclist proceeded into an intersection or across a roadway when he or she did not have the right-of-way.
Determining liability for a bicycle accident requires an investigation. Investigators will examine the scene of the accident, the police report, eyewitness statements, property damage, videos and photographs, and other forms of evidence to piece together how the crash happened. They will determine which party had the right-of-way at the time of the accident – the bicycle or the car. If one of the parties was not where he or she should have been based on Massachusetts’ traffic laws, that party will most likely be held responsible for the crash.
The Importance of Understanding Massachusetts’ Right-of-Way Laws
Right-of-way laws seek to establish mutual respect between road users. The goal is for every driver, bicyclist and pedestrian to respect each other’s right to the road. This includes yielding the right-of-way to others, when applicable. If someone breaks Massachusetts’ right-of-way laws, he or she could be held financially responsible for a collision.
If you get into a bicycle accident in Massachusetts, contact an attorney for assistance with the claims process. If you know that you had the right-of-way, you may be entitled to financial compensation even if the other driver is denying liability. There is also a chance of recovering partial compensation even if you didn’t have the right-of-way in a bicycle accident. Our lawyers at Merrimack Valley Injury Lawyers can help you understand your legal rights after a bike accident.