June 2010 Archives

Many agree that biking is good exercise, but also question whether it has to be on the same roadways that motorists use everyday to commute to and from work.  Cyclists will argue that it is better for the environment to ride a bicycle.  No one is saying not to ride a bicycle.  Instead, the majority of motorists believe that cyclists should have their own lanes and stay off the roads that were designed for automobile traffic.  

Cyclists are not permitted on roads where the posted speed limit is greater than 50 mph but are permitted on the shoulder of the road.  This still becomes a problem when there is debris, glass, uneven pavement, culverts, etc., that prevent the cyclist from riding on the shoulder and entering back into the path of the motorist.

You may often hear insurance carriers refer to the "Boulevard Rule" when they investigate an automobile accident. However, what you may not know is what the Boulevard Rule means.

The Maryland Boulevard Rule was adapted by a Maryland Court of Appeals in 1939 to expedite the flow of traffic on a favored highway thus allowing drivers on said highways to travel without stopping for each intersection. All drivers approaching a main street or highway have a duty or obligation to yield to the traffic on the major roadway. If the driver of a vehicle fails to yield to this rule then they were negligent as a matter of law. A claim for damaged property or bodily injuries could have been filed again the negligent party's insurance carrier.

Were public highways constructed for motor vehicles or bicycles?  Who has the right of way, the bicycle or the motor vehicle?  Many motorists believe that cyclists are endangering themselves since they are no match for tons of metal on wheels.  Many a debate has arisen when it comes to the rules of the road, who rules, cyclist or driver?   

Most people would be surprised to learn that legally bikes do have the right to ride their bikes on the roadways, in most jurisdictions.  In Maryland and D.C., those rights have been expanded where a 3 foot rule was passed by the Senate on May 20, 2010.