Bicycle Laws

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Bicycle Laws

This article discusses bicycle laws in the state of Utah.

National Laws

National bicycle laws vary from state to state. In Utah, there is no statewide requirement for minors or adults to wear a helmet. However, some counties and cities require the wearing of a bicycle helmet, regardless of the state law. There are many laws that pertain to the riding of bicycles in certain areas or locations. If they are riding on a public street, cyclists are required to obey the rules of the road just like any other motor vehicle; they are required to indicate when turning, stop at red lights, etc.

Cyclists on the road are considered the same as a motor vehicle, and therefore have to obey all road related laws.

Helmet Laws

Helmet laws in the United States for bicycles vary from state to state. The age can also vary for the requirement of wearing a helmet. For example, there is no statewide requirement for bicyclists to wear a helmet in Texas, minor or adult. However, some states such as Houston and Fort Worth require all bicyclists under the age of 18 to wear a helmet.

Local laws

There are local laws in some counties or cities that are not present in the state law. For example, in Washington County in Utah, there is no requirement for cyclists to ride on the street, instead of the sidewalk. There used to be a clear-cut law in Washington County, “it shall be unlawful for any person to ride any bicycle upon any sidewalk within the city, except sidewalks that may be designated for bicycle riding by the city council”. However, this law has been removed for the time being; this indicates that cyclists may now ride on sidewalks that do not indicate the allowance or denial or riding. In other words, cyclists can ride on sidewalks, simply because there is no law that prevents them from doing so. Because this law has been removed recently, some citizens may not know about it and get irritated if they are walking on the sidewalk and a cyclist is riding on the same sidewalk. If someone doesn’t know the current laws, they may become frustrated with certain situations.

Safety

As with all laws, the intent of road laws pertaining to motorists and cyclists is to keep the roads safe. Cyclists are to obey all traffic laws as if they were driving a motor vehicle. Cyclists, just like motorists, will be given a ticket for violating road laws. Cyclists are encouraged to ride single file but are permitted to ride side by side, but no more than two side by side.

The requirement for cyclists riding at night is that the cyclist must have a white light that can be seen from 500 feet away and a rear red reflector. Also, wearing light colors, even reflective colors at night is highly encouraged.

Common Problems

There is a common problem that presents itself when a bicyclist who is not wearing a helmet is hit by a car and has a head injury. If the county, city or state requires all persons to wear a helmet while riding a bicycle, this person could lose their chance at compensation due to their negligence of the helmet law. This bicyclist still may be able to receive some compensation for the accident, but because they were negligent in connection with the accident, it will be very difficult for them to receive such compensation. One way this can be done is by proving that the head injury would have occurred even with the helmet, but that task is very difficult to prove.

When it comes to liability, the person who caused the crash is at fault and most likely has to pay for the damages. If both parties are at fault, it can get complicated; such as a cyclist not wearing a helmet when they are supposed to, and a car crashes into them.

With the recent removal of the bicycle sidewalk law in Washington County, problems can occur when citizens are unaware of recent laws. This can cause problems on the road or even cause accidents.

Because cyclists are much smaller than cars, motorists sometimes don’t see cyclists.

Bicycle Crashes

There is good news and bad news about bicycle crashes. The bad news is that 45% of bicycle crashes happen in or near an intersection. The good news is around 59% of bicycle crashes involve on the bicycle and the bicycle rider. There are still collisions with cyclists and cars, though; 11% of bicycle crashes involve a cyclist and a car.

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Bicycle Laws

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Utah Law – Safe Lane Travel

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Utah Law – Safe Lane Travel

Law Regarding Passing and Overtaking on the Road

A vehicle must always be driven on the right side of the road, except when overtaking or passing another vehicle, or when a hazard or obstruction makes in necessary drive to the left to avoid it safely. Additionally, a vehicle may drive on both sides of the road if the road is marked for one-way traffic. Drivers must always yield the right of way to all vehicles traveling in the correct direction in their lane.

Vehicles traveling in opposite directions must pass each other to the right. On roads where there is only one lane of traffic in each direction, drivers shall give vehicles going the opposite direction at least half of the width of the road.

Vehicles must not pass or drive on the left side of the road:

  • When coming upon a curve in a road where the view is obstructed and it may cause danger for a driver coming in the opposite direction.
  • Within 100 feet of any intersection or railroad crossing
  • When approaching a bridge or tunnel that may also obstruct the view for drivers in either direction.

These rules do not apply to one-way roads or a driver turning left on a private road or driveway.

When driving on a divided highway, a driver must use the roadway to the right of the median, unless directed by a traffic control device or sign.

Driving Left of Center Common Law Negligence

A vehicle must not be driven over or across any painted line or otherwise divided portion of a highway. If the line or barrier is visible to a reasonably observant person, and crossed, the case would result in negligence on the part of the driver.

There is a presumption of a strong indication of negligence if the center line is crossed by a driver into oncoming traffic. If a driver crosses the center line, this action is in fact classified as the strongest kind of negligence, and a explanation from the driver is called for. However, this action does not always mean that a law has been broken. If a driver crosses the center line while exercising care, the presumption of negligence is negated as soon as reasonable explanation is offered in court.

Right to Assume that Other Vehicles Will Not Cross the Center Line

Any driver operating a vehicle on the proper side of the road has the right to assume that other drivers will not cross the centerline into his lane of traffic. This is the right to assume that other drivers will be lawful drivers as well. In the case that a vehicle does cross the center line and is in close enough distance to cause danger, a driver must no longer rely on that assumption and must use extra care to avoid accident or peril.

Duty of Driver When Another Driver Crosses Center Line/ Sudden Peril Rule

If a driver of a vehicle has crossed the centerline, the approaching driver on the right side of the road is responsible to use care and take evasive action to avoid a collision. But in such a case, the driver on the right side of the road is allowed by the court to use the “sudden peril rule, “ when the vehicle crossing the centerline has done so suddenly and created an emergency.

Definition of Center of the Road

Drivers should, in general, allow at least half of the traveled roadway to oncoming traffic. This rule refers to the condition of the road at the time of the accident, when applicable in court. If a flooded area or other obstruction narrows the road, the court will consider the condition and width of the road at the time of any incident. It the responsibility of both drivers in such conditions to allow the other driver half of the usable road.

Backing of Vehicle Across the Center Line

The rules regarding vehicles keeping to the right side of the road do not apply to vehicles backing up, when backing is done safely.

Backing of Vehicles

Statutory Law

The driver of a motor vehicle must not back up a vehicle unless he or she can do so with complete safety and without interfering with the movement of other traffic.

Standard of Care

A driver backing a vehicle should use the same amount of care that would be used by a reasonable person in the same situation, meaning they would keep a lookout for any vehicles or pedestrians, make sure the area is clear, and give any necessary warning.

Utah Road Construction Laws

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Utah Road Construction Laws

Duties of Drivers with Respect to Highway Maintenance Workers and Vehicles

A driver of a vehicle must give the right-of-way to a vehicle or pedestrian that is authorized for and engaged in highway construction or maintenance on the road.  Construction or maintenance areas should be marked by signs and traffic control devices. A construction vehicle should be marked as such and designated with lights for safety and visibility.

A driver on the road approaching a maintenance vehicle that is flashing yellow or amber lights should slow down and provide as much space as is possible and safe for the maintenance vehicle. In all cases however, the maintenance vehicle has the responsibility to drive with regard to safety of all other vehicles and people on the road.

A person or driver must not willfully refuse to follow any direction of a worker/flagger at a highway construction area that is designated to control the flow of traffic.

Duties of Contractors

If there is a hazard on a public highway, created by construction, the contractor must place barricades, lights, and signs to warn drivers on the road. There is no hard and fast rule about sufficient warning, but the contractor is simply required to make “ample and timely warning.”  There is no liability for the contractor for any damage that results to a vehicle that runs into construction or into a warning sign that was clearly visible.

In the case that a contractor must detour traffic from one road onto another, the contractor is not responsible for any damages caused from defects in the road used for the detour. Any road open for the public is presumed to be safe and may be used.

Laws Regarding Animals on Roadway

Any transportation by animal is subject to the same traffic codes as other vehicles. A person riding an animal in the road or riding in a cart or carriage pulled by any animal must follow Utah traffic code.

Livestock

Livestock must use a livestock road instead of a public road, as long as it is available and can be used without any undue inconvenience.

Any person in control of any livestock cannot allow “livestock to stray or remain unaccompanied on a highway, if both sides of the highway are separated from adjoining property by a fence, wall, hedge, etc.”  This does not prohibit livestock drifting onto a highway while moving from or to accustomed ranges.

Livestock must not be herded on a public road during the period half an hour after sunset to half an hour before sunrise, unless there are plenty of herders with warning lights for traffic, to allow the passage of vehicles on the open road.

Presumption of Negligence

There is no presumption of negligence on the owner of the livestock in civil action cases involving accidents with animals on the highway. The burden is on the plaintiff to show acts of negligence on the part of the defendant, or owner of the livestock.

Utah Traffic Laws

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Utah Traffic Laws

Audible Warning (Duty to Sound Horn) 

Statutory Law

The driver of a vehicle must give audible warning with the horn of the vehicle when necessary to insure safe operation.

The driver of a motor vehicle must drive as far to the right-hand edge of the roadway when driving in canyons or mountain highways, and give an audible warning with the horn when approaching a curve with no visibility for at least 200 feet of the road.

Negligence and Failure to Sound Horn

Although each driver has the duty to give warning of one’s vehicles with a horn when such warning should be given, failure to do so doesn’t necessarily constitute negligence if there is no certain necessity for the warning to be given. Also, the failure to use the horn as a warning must be the cause of the accident for the plaintiff.

There is no particular specification of when the horn should be used. But, the driver is required to exercise due care and judgment.

 

Brake Failure

Liability for Brake Failure

A driver of a motor vehicle is not responsible for any damage caused by failure of brakes if the defect could not be discovered with regular reasonable care of the vehicle. If the driver knew about the defect and took no action to repair or remedy the faulty brakes, he is at fault for damages.

Operator’s Duty Upon Brake Failure

If there is a break failure, and the driver has no liability because of lack of knowledge, the driver is still responsible to do all that is reasonable to avoid an accident and consequential damages. These precautions might include swerving to  avoid objects or vehicles, using the emergency brake, or using the horn to give audible warning as necessary.

 

Coasting of Vehicles

The driver of any motor vehicle must not coast with the vehicle in neutral. A truck or bus driver, when driving on a downgrade area, must not coast with the clutch disengaged.

 

Common Carriers

A “common carrier” is a person that works in the business of transporting passengers or freight.  Common carrier does not mean “carpooling,” “ridesharing,” or transporting another person or people to or from a common place of employment (fewer than 6 passengers).

Standard of Care

A common carrier driver is responsible to use a higher level of care when operating a vehicle in order to protect the safety of the passengers. This includes drivers of taxis, buses, trains, and other public transit. This responsibility is described as “utmost care” or the “highest degree of care.” The driver is responsible for even the slightest neglect that causes damage. However, if there is an accident, the common carrier does not insure the passengers, but there is an implication in the case of an accident that utmost care has not been executed.