Share the Road. But How?

Published for NC Criminal Law on August 27, 2014.

Most avid bicyclists have more than one tale of a close encounter with a motorist who does not care to—or does not know how to—safely share the road with a bicycle. The News and Observer reported here that a group of Orange County cyclists accused a pick-up truck driver of intentionally slamming on brakes in front of the group as they were driving down a rural two-lane road in June.  One of the cyclists fell from his bike and was injured, though not seriously. The cyclists pressed charges. Video footage recorded by a cyclist in the other Orange County depicting his close encounter with a pick-up truck and a Gatorade bottle hurled from its passenger window went viral in July. In the California case, the sheriff’s department recommended charges against both the truck passenger and the bicyclist, who was suspected of using offensive words in public that were likely to provide a violent reaction. For their part, motorists complain of cyclists who ignore traffic laws and act oblivious to the presence of larger motorized vehicles, making it difficult to drive at a reasonable speed and avoid a collision. Whether they like it or not, motorists and bicyclists have to share space.  Below are some of the rules they must follow. Cyclists. Bicycles are vehicles for purposes of the state’s motor vehicles laws; thus, their riders generally are subject to the rules of the road and other provisions of Chapter 20.  G.S. 20-4.01(49). This means that bicycles ridden on public streets and highways [...]