Author: Joey Cano

Bicycling has become increasingly popular over the past several years throughout Washington and the Puget Sound. Cycling is a convenient and inexpensive method of travel which also affords exercise. Many cities including Seattle and Bellevue have recognized the increase in bicycle traffic and responded with special bike lanes. Parks have made trails accessible to cyclists as well. Unfortunately, however, some automobile drivers do not understand and respect the bicyclists right to share the roads. Equally as important, some bicyclists have not been educated on how to legally and safely share the roads with automobiles, resulting in collisions that cause serious and sometimes fatal personal injuries.

Did You Know

1. Nearly one million children are injured each year in bicycle related accidents.
2. A bicyclist is fatally injured every 6 hours.
3. 49% of all bicycle fatalities occurred to children under the age of 16.
4. While bicycle v. vehicle collisions account for only 1/3 of all vehicular collisions, they account for a majority of the catastrophic injuries.

Rules of the Road

Here are some of Washington State laws both cyclists and motorists need to be aware of which will help reduce the incidence of collisions and traumatic injuries:

1. Riding on the Road: When riding on a roadway, a cyclist has all the rights and responsibilities of a vehicle driver (RCW 46.61.755). This means they must obey traffic signals and lane instructions as must motorized vehicles. Cyclists who violate traffic laws may be ticketed (RCW 46.61.750).
   Roads Closed to Bicycles: Never ride on roadways posted as closed to bicyclists. (RCW 46.61.160).
2. Children Bicycling: Parents or guardians may not knowingly permit bicycle traffic violations by their children (RCW 46.61.700). By implication this state law requires parents to teach their children the rules of the road before allowing them to ride on public roadways.
3. Direction of Travel: Bicycle traffic must travel in the same direction as automobiles on public roadways. (RCW 46.61.770).
4. Side-by-Side: Cyclists may ride side-by-side, but not more then two abreast (RCW 46.61.770).
5. Riding at Night: For night bicycle riding, a white front light (not simply a reflector) must be in use which is visible for 500 feet. A red rear reflector is also required. A red rear light may be used in addition to the required red reflector to further enhance visibility and safety. (RCW 46.61.780).
6. Hand Signals: Bicyclists must use hand signals when making turns on public roadways. (RCW 46.61.758). This mirrors requirements that motor vehicles signal their intention to turn or change position on the roadway.
7. Speed: Every cyclists upon the roadway must ride at a rate of speed less than the normal flow of traffic and appropriate for the road conditions (RCW 46.61.770).
8. Sidewalks: Motor vehicles crossing a sidewalk must yield to bicyclists on the sidewalks. Local governments are allowed to limit cyclists use of the sidewalks (RCW 46.61.160).

What to do After a Bicycle Collision

The checklist below sets out what you need to do as a cyclist if you are ever involved in a bicycle collision, and especially one in which you receive traumatic personal injuries:

1. Call Police: Both the cyclist and the motorist have a legal obligation to report the collision to the police if there is any physical or property damage, and to remain at the scene of the collision until they arrive.
2. Exchange information with the Driver: Both cyclists and motorists have a legal obligation to exchange information at the scene of the accident including their names, addresses, phone numbers, driver's licence numbers, licence plate numbers, make of car, and automobile insurance policy numbers.
3. Obtain Names and Phone Numbers of any Witnesses: Witnesses to the collision and the injuries can be helpful in documenting what happened in the collision and in helping you record the information you need.
4. Obtain the Police Collision Report Number: Before the police leave the collision scene ask for a card from the officer and write down the collision report number.
5. Write Down how the Collision Happened: Close in time to the collision draw a detailed map or diagram using arrows to show the position and direction of yourself and all motor vehicles involved.
6. Seek Medical Attention: Consult a doctor immediately for an assessment of your physical condition and treatment of any personal injuries from the collision.
7. Contact the Insurance Company for the Driver: It is important to notify the insurance company for the driver of the vehicle involved in the collision with the cyclist for two reasons: First, to find out if the driver carried Personal Injury Protection Coverage (PIP) which would be available to pay the cyclists medical bills and provide other benefits. Second, to notify them of a possible third party or liability claim against the driver for causing the injuries and damages in the collision.
8. Preserve Evidences: Take photographs of any visible injuries to you and of the damage to your bicycle. Keep any damaged clothing and bike parts. Get a written assessment of the damage to your bicycle. If possible, avoid having the bike repaired until any issues of liability and damages from the collision are concluded.

Conclusion

If you have been involved in a bicycle vs. motor vehicle collision, it is important to obtain an early consultation with an experienced personal injury attorney like those at Adler Giersch PS to advise you of your rights and responsibilities. Consultations with our attorneys through our offices in Seattle, Bellevue, Everett and Kent are without charge. Simply give us a call.