Bicycle Accident

Bicycle Accident

All rules of the road apply to bicycle riders. Md. TRANSPORTATION Code Ann. § 21-1202 Traffic laws apply to bicycles and motor scooters. Every person operating a bicycle or a motor scooter in a public bicycle area has all the rights granted to and is subject to all the duties required of the driver of a vehicle by this title, including the duties set forth in § 21-504 of this title,

Therefore, bicycle riders must obey stop signs and if they fail to stop at a stop sign and cause a bicycle accident they will be considered to be at fault. Bicycle riders must stop at red lights and cannot proceed unless the light changes to green. Failure to do so can result in a bicycle accident. Bike riders can make a right turn on red but must stop first just like a car. Failure to do so can result in a bicycle accident.

Failure of the bicycle driver to honor any of the above rules of the road is likely to result in the insurance company refusing to pay for your personal injuries, medical expenses and damage to your bike. The insurance company and a court are likely to find primary negligence or contributorily negligent on behalf of the Bike Rider. Under either scenario, in Maryland the bicycle driver would not prevail in a Bicycle Accident claims.

Other rules of the road involving a bicycle Accident include:

Bicycle riders may ride on the road just like a car, however they must stay as near to the right side of the road as practical and safe except when making a left- hand turn, when operating on a one- way street or when passing another vehicle. Md. TRANSPORTATION Code Ann. § 21-1205. Riding on roadways or on highway (a) Riding to right side of roadway. — Each person operating a bicycle or a motor scooter at a speed less than the speed of traffic at the time and place and under the conditions then existing on a roadway shall ride as near to the right side of the roadway as practicable and safe, except when:(1) Making or attempting to make a left turn;(2) Operating on a one-way street;(3) Passing a stopped or slower moving vehicle;(4) Avoiding pedestrians or road hazards;(5) The right lane is a right turn only lane; or(6) Operating in a lane that is too narrow for a bicycle or motor scooter and another vehicle to travel safely side by side within the lane.(b) Riding two abreast. — Each person operating a bicycle or a motor scooter on a roadway may ride two abreast only if the flow of traffic is unimpeded. (c) Passing. — Each person operating a bicycle or a motor scooter on a roadway shall exercise due care when passing a vehicle. (d) Walking bicycles on right side of highway. — Each person operating a bicycle or a motor scooter on a roadway may walk the bicycle or motor scooter on the right side of a highway if there is no sidewalk.

A bicyclist may not ride a bicycle on a road where the speed limit is 50 miles per hour or greater. Md. TRANSPORTATION Code Ann. § 21-1205.1. Bicycles, motor scooters, and EPAMDs prohibited on certain roadways and highways; speed limit.
(a) In general. — (1) Notwithstanding any other provision of this title, a person may not ride a bicycle or a motor scooter: (i) Except as provided in paragraph (2) of this subsection, on any roadway where the posted maximum speed limit is more than 50 miles an hour; or (ii) On any expressway, except on an adjacent bicycle path or way approved by the State Highway Administration, or on any other controlled access highway signed in accordance with § 21-313 of this title. (2) If a person is lawfully operating a bicycle or a motor scooter on a shoulder adjacent to a roadway for which the posted maximum speed limit is more than 50 miles an hour, the person may enter the roadway only if: (i) Making or attempting to make a left turn;(ii) Crossing through an intersection; or (iii) The shoulder is overlaid with a right turn lane, a merge lane, a bypass lane, or any other marking that breaks the continuity of the shoulder.(b) Roadway with bike lane or shoulder paved to smooth surface. —
(1) Where there is not a bike lane paved to a smooth surface, a person operating a bicycle or a motor scooter may use the roadway or the shoulder.

Motorcycles and bicycles are not allowed to carry passengers unless a separate seat is provided for each passenger. Md. TRANSPORTATION Code Ann. § 21-1203. Riding on bicycles or motor scooters (b) Seat required for passenger — Bicycle. — A bicycle may not carry any passenger unless it is designed for and equipped with a seat securely attached to it for each passenger. (c) Seat required for passenger — Motor scooter. — A motor scooter may not carry any passenger unless it is designed for and equipped with a seat securely attached to it and footrests for each passenger.

Md. TRANSPORTATION Code Ann. § 21-1207  Helmets required

(a) In general. –(1) The provisions of this section apply:
(i) At all times while a bicycle is being operated on any highway, bicycle way, or other property open to the public or used by the public for pedestrian or vehicular traffic; and
(ii) To a person under the age of 16 who is riding on a bicycle, including a person under the age of 16 who is a passenger on a bicycle:
1. In a restraining seat attached to the bicycle; or 2. In a trailer being towed by the bicycle.

(c) Helmets. — A person to whom this section applies may not operate or ride as a passenger on a bicycle unless the person is wearing a helmet that meets or exceeds the standards of the American National Standards Institute, the Snell Memorial Foundation, or the American Society for Testing and Materials for protective headgear for use in bicycling.

(d) Enforcement. — This section shall be enforced by the issuance of a warning that informs the offender of the requirements of this section and provides educational materials about bicycle helmet use.

Md. TRANSPORTATION Code Ann. § 21-Wearing earplugs, headsets, etc., prohibited
(a) Wearing headset coverings. — A person may not operate a bicycle, an EPAMD, or a motor scooter on any highway, or on any roadway, while the person is wearing any headset covering both ears. (b) Earplugs. — A person may not operate a bicycle, an EPAMD, or a motor scooter on any highway, or on any roadway, while the person is wearing any earplugs in both ears.
(c) Exceptions. — The provisions of this section do not apply to:(1) Any person wearing personal hearing protectors in the form of custom earplugs or molds that are designed to attenuate injurious noise levels, if the custom plugs or molds are designed in such a manner as to not inhibit the wearer’s ability to hear a siren or horn from an emergency vehicle or a horn from another vehicle;

(2) Any person wearing a prosthetic device used to aid the hard of hearing; or
(3) Any person operating a bicycle on a public bicycle pathway expressly authorized for the use of persons operating bicycles.



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