Written by J.H. Revere, Esq.
Springtime is just around the corner and with it people will emerge from their winter cocoons and begin outdoor activities again. One area where these activities can give rise to conflicts and litigation are cyclists on the roads and highways of Virginia. Since warmer days will be here before you know it, it makes sense to review some of the rules of the road, how they apply to bicycles, and how one might consider these rules (laws and ordinances) when investigating a claim.
“Bicycle’ means a device propelled solely by human power, upon which a person may ride either on or astride a regular seat attached thereto, having two or more wheels in tandem, including children’s bicycles except a toy vehicle intended for use by young children. A bicycle is a vehicle when operated on the highway.” §46.2-100 Code of Virginia, 1950, as amended.
While on a public roadway, bicyclists are subject to the same rules and regulations as other highway users, “unless the context of the provision clearly indicates otherwise.” See §46.2-800, Code of Virginia, 1950, as amended. While on a walkway or sidewalk, a bicycle rider has the same obligations as a pedestrian but must yield to other pedestrians. See §46.2-904 Code of Virginia, 1950, as amended.
Bicyclists are expected to obey traffic signals with certain exceptions:
“[I]f a driver of a motorcycle or moped or a bicycle rider approaches an intersection that is controlled by a traffic light, the driver or rider may proceed through the intersection on a steady red light only if the driver or rider (i) comes to a full and complete stop at the intersection for two complete cycles of the traffic light or for two minutes, whichever is shorter, (ii) exercises due care as provided by law, (iii) otherwise treats the traffic control device as a stop sign, (iv) determines that it is safe to proceed, and (v) yields the right of way to the driver of any vehicle approaching on such other highway from either direction.”
§46.2-833(C) Code of Virginia, 1950, as amended.
Bicyclists are expected to ride with the flow of traffic. §46.2-802 Code of Virginia, 1950, as amended. If they are operating at below the normal speed for the road their bicycle “shall be driven in the lane nearest the right edge or right curb of the highway when such lane is available for travel except when overtaking and passing another vehicle or in preparation for a left turn or where right lanes are reserved for slow-moving traffic as permitted in this section”. §46.2-804(1) Code of Virginia, 1950, as amended.
Likewise, a motor vehicle when passing a slower moving bicycle: “shall pass at a reasonable speed at least three feet to the left of the overtaken bicycle”. §46.2-839 Code of Virginia, 1950, as amended.
Bicyclists are required to give turn signals before making a turn, although the cyclist is not required to hold it throughout the entire turn. §46.2-846 Code of Virginia, 1950, as amended. A right turn may be signaled with the right hand.
Finally, a bicyclist must not carry items that prevent the cyclist from having one (1) hand on the handlebars at all times §46.2-906 Code of Virginia, 1950, as amended.
In addition to the Virginia Motor Vehicle Code, many local jurisdictions have helmet ordinances (requiring a helmet) for children under fourteen (14) years of age. Check with the local County or City as applicable. §46.2-906.1 Code of Virginia, 1950, as amended.
This listing is by no means exhaustive but should provide a solid foundation for anyone attempting to sort out the obligations of a bicyclist operating on Virginia’s public roads.
A violation of any of these Virginia Statutes could be construed as negligence per se to potentially bar the claim of an injured cyclist, assuming causation.