Old 07-11-13, 07:54 AM
  #130  
genec
genec
 
genec's Avatar
 
Join Date: Sep 2004
Location: West Coast
Posts: 27,079

Bikes: custom built, sannino, beachbike, giant trance x2

Mentioned: 86 Post(s)
Tagged: 0 Thread(s)
Quoted: 13659 Post(s)
Liked 4,532 Times in 3,158 Posts
Originally Posted by turbo1889
Apparently I take a lot more words then you do to say the same thing.






Sorry about that, I figured by the time I posted and the thread was several pages long already that would have already been said, probably multiple times. So I just jumped into my analysis of what I saw after watching your video.




As to everyone else who has been posting as to whether the law requires a full size heavy vehicle to safely merge over into the bike lane to the right (when such exists) before making a right hand turn and find fault with a heavy vehicle that does not do this but instead cuts right across the bike lane when making a right hand turn resulting in a collision with a cyclist in that bike lane the law DOES NOT need to specifically address the question in the specific reference of bike lanes. Standard vehicle code that prohibits making a right hand turn from anything other then the right most lane when there are multiple marked traffic lanes in the same direction of travel without first safely merging over into the right most lane (or conversely the same thing in application to a left hand turn and safely merging over into the left most lane before performing such a turn) in addition the law may also be worded as requiring a right hand turn to be made from a position to the far right of the roadway surface or some other such wording along those lines (or conversely the same thing in application to a left hand turn being made from left most positon of the roadway marked for the direction of travel).

To put it another way lets take for example a one way street with two standard heavy vehicle travel lanes, one on the right and one on the left, no bike lanes, no shoulder edge, just two lanes both in the same direction on a one way street. Now lets put two cars on that street both headed in the same direction one in each lane. If the car in the left lane passes the car in the right lane and then immediately takes a right hand turn across the right hand lane, across the path of travel of the car in the right lane without first safely merging over into that right lane and doing it so closely that the car in the right lane can't avoid the collision and slams into the car taking a right hand turn from the left hand lane directly across its path of travel in a T-bone collision. The car that pulled that crazy maneuver trying to take a right like that from the left lane and "right hooking" the car in the right lane is the one that is in trouble with the law, it would severely surprise me if any of the 50 states don't have a law on the books to cover that kind of situation, and unless their laws also specifically exclude that same law from applying to bike lanes and bicyclists as vehicles on the roads then it does apply in those cases as well. Or in other words you don't need a law specifically requiring full size heavy vehicles to safely merge over to the right into a marked bike lane before taking a right hand turn for them to have to do so. Rather in order for them to get away with not doing it you would need a law specifically to say that the same rules for heavy vehicle lanes and heavy vehicle traffic do not also apply to bike lanes and bike vehicles as well.
Here's the irony with your last paragraph... we have folks here that have suggested that if the vehicle on the left makes the merge, however close, regardless of the need for the driver on the right to have to brake... it was OK. Those folks are saying that once the driver on the left has signaled and moved over, the driver that was in a static position in the right lane has an obligation to avoid colliding with the motorist in front, regardless of how close the merge was.

I guess a safe merge is out of the question. If nothing was hit, it's all fair game.
genec is offline