Originally Posted by
genec
By riding on the shoulder technically were not on the road... (in the traveled way) nor in a designated lane.
If you were actually behind someone then indeed, in spite of your view of precedent, you are responsible for avoiding those in front of you. But in this case, by your declaration, you were on the shoulder... how would someone know what to expect of you and why should your "off road" use effect them?
Does MASS law assume that the shoulder is a "traveled way" and/or the proper place for a cyclist? Is the area designated as such?
While you have some good points, there should be an expectation of the driver to make sure they're clear to make the turn. The argument could be made either way as to the cyclist using the broad shoulder (and that's where I ride when they're available). Instead of cyclist, what if there had been a pedestrian. What if a sidewalk bordered the roadway?
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