Originally Posted by
genec
No, the driver was in the wrong... they passed the cyclist while knowing they were about to make a turn up ahead... The motorist should have merged behind the cyclist in destination positioning manner, rather than speed ahead and then attempt the turn.
Oh I will admit that Joey had warning... but the motorist KNEW they were going to turn (as indicated by the signal) and yet tried to "outrun" the cyclist.
Absolutely not. This is the exact same situation as if both were in cars. There is absolutely nothing illegal with car A overtaking car B safely. Then, with plenty of warning, making a right turn. Car B, being now behind Car A needs to use the brakes.
I absolutely disagree that the big, ugly jacked up truck was in the wrong. The truck passed legally, indicated the turn in plenty of time to make a safe right hand turn. The cyclist messed up.
And all this "passing on the right" jazz. The bike lane is MY lane. That vehicle made a left hand turn from the right hand lane across my lane. That is perfectly legal when all is clear - the bike lane becomes dashed near the intersection for that purpose but it is still THERE dashed or not which means, by law, that is MY lane if I am there. Giving a signal does not make it legal to turn.
The state(s) I'm familiar with allow the car to cross over the bike lane to make a right hand turn, whether that turn be into a driveway, intersection, what have you. The rule is that the lane has to be clear. I this case, the car did indeed merge over the bike lane perfectly safely - the lane was clear when the merge was made.
In other words, in a case of a right turn, the bike lane is sort of like any other traffic lane. Car A is in the left lane wants to turn right. Car A passes Car B and merges over with a safe distance, properly signals a right turn, and turns right. Car B does not "own" that lane - neither does the bicyclist. Car B - and the cyclist - must use yield to car A ahead of them as Car A makes that right turn. There's nothing in the laws that I'm familiar with that says Car B - or the cyclist - doesn't have to use their brakes just because they're in the lane behind a right turner.
Bicyclists on the road need to understand they don't own the road. They need to yield, use their brakes, be delayed, etc. just like cars.