Do California Bicyclists Have The Right Of Way?

Many motorists and bicyclists in California do not have a comprehensive understanding of state bicycle laws and how they apply to them. It is a common misconception that cyclists lawfully have more in common with pedestrians than motorists. According to the NHTSA, this has led to more than 100 people killed and hundreds of thousands injured in bike accidents every year. According to a Los Angeles injury lawyers website, forty-five percent of these avoidable accidents take place in intersections.

California's Department of Motor Vehicles maintains that "Bicycle riders on public roads have the same rights and responsibilities as motorists, and are subject to the same rules and regulations." This means that the "pedestrians always have the right-of-way" rule does not apply to bicyclists. When two vehicles (including bicycles) approach an intersection not controlled by a traffic signal, the vehicle arriving first has the right of way. If both vehicles approach at the same time the vehicle to the right has the right of way. Sometimes when a bicycle approaches an intersection controlled by a traffic signal the sensor is unable to detect the presence of the bicycle. In this situation a cyclist may position the bike closer to the sensors or cross at the crosswalk.

The false belief that bicyclists have the right of way usually leads to cyclists engaging in particularly dangerous behavior, however some motorists fail to respect the rights of cyclists to share the road. Because bicycles are more easily concealed in traffic, drivers must always look carefully for bicyclists before turning, merging into bike lanes and opening doors next to moving traffic.

The California DMV encourages cyclists to maintain control of their bicycles, protect yourself by always wearing a helmet, remain visible and communicate your intentions and to always ride with traffic.