By: Richard L.
Duquette, Esq.
© 2013 All Rights
Reserved.
In an effort to increase Safety on California roadways, Governor
Brown recently signed into law AB1371,
effective September 16, 2014. The new law requires a three-foot buffer by
motorists passing a bicyclist. It will
be codified in California Vehicle Code Section 21760(b).
If a motorist cannot pass with three feet clearance, he must
slow down to a reasonable and prudent speed before passing. In other words, no tailgating or reckless
passing is allowed. This is critical as
40% of all fatal crashes between a bicyclist and a motorist are caused by
collisions from behind.
So what does this mean when riding the streets? Let’s walk through a few scenarios that allow
you to enforce the law.
Assuming you’re riding single file and no bicycle lane
exists. In theory, any bus or vehicle
that “buzzes” you or fails to decelerate before safely passing can be
cited. This clarification in the law is
helpful because motorists often misjudge distance between their vehicle mirrors
or a bicyclist’s speed when passing the bicyclist. Instead of allowing to pass at a “safe
distance without interfering with the over taken bicyclist” under CVC 21750, the
new statute adds objectivity, a yard stick if you will, to the
distance.
Bicyclists know how frightening it can be to be nearly side-swiped
(or buzzed) by a passing bus or a large vehicle. Bus violations can be proven by recording the
license plate, bus number, route and time.
Newer busses have windshield and side-mounted digital cameras as well as
Zonar GPS data systems and black box electronics that record driving
patterns. If you are “buzzed” by a bus or
if you witness a clear violation and have a witness to corroborate your story, write
North County Transit or First Transit and demand the violation be placed in the
driver’s personnel file. Ultimately,
these entities become liable for negligent retention of bad drivers.
A reasonable interpretation of the new statute is that the
three-foot law may be applied when a motor vehicle unsafely passes a bicyclist,
as well as when the motorist repositions himself into a lane. A common situation arises when the motorist begins
a pass, then prematurely moves back into the lane but fails to correctly judge the
vehicle’s right rear quarter panel in relation to the bicyclist.
A three foot violation may also occur when the motorist fails
to correctly estimate the speed of the bicyclist he passes, and then makes
an illegal “right-hook” turn in front of a bicyclist.
In each of these cases, the new three-foot law is triggered
in conjunction with other Vehicle Code violations, including unsafe turning
movements and violating the right of way of the bicyclist. Remember, bicyclists have the same rights
and duties as a motorist, so it helps if the bicyclist is law-abiding when
asserting his rights. This includes lawfully
riding as far to the right as practicable and not unreasonably impeding traffic
behind you.
The legal effect of such Vehicle Code violations is to
create a presumption of negligence when alleged in a negligence lawsuit. This is a powerful tool in litigation because
fault becomes easier to prove.
Another way to prove a three-foot violation, (besides using
a Go-Pro or Contour helmet video camera or credible witnesses), is documenting physical
evidence such as a scratch, dent, or a paint transfer on a motor vehicle to
establish the vehicle’s unsafe position.
This proves a violation when the motorist is in denial.
Many expert Accident Reconstructionists also look for gouge
marks in the roadway that correspond to scrapes on bicycle parts. Again,
this shows the location of initial impact, thereby proving a violation of unsafe
passing statutes.
This law has further legal ramifications. Violators can suffer DMV points which
implicate the negligent operator suspension laws. Too many points means the loss of license. If caught driving on a suspended license, the
result is a misdemeanor with large fines and jail potential.
Should the crash be serious enough, the violator may also
undergo a license re-exam, initiated by a reporting bicyclist or officer. (See my article “DMV Justice – Motor Vehicle Re-Examination Process” explaining that
procedure.)
In the end, this new three-foot law helps limit the defenses
that insurance companies and violators can use to escape responsibility. I hope the above analysis will assist you in
obtaining justice and ensure that motor vehicles safely share the road with us.
Mr. Duquette has 30 years of Experience serving the
Bicycling Community and has successfully settled and tried to Jury Verdict numerous
cases. Visit www.911law.com for
informative articles on Bicyclist Rights or give him a call at 760.730.0500, as he’s always happy
to discuss your case free of charge.
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