Motorists: Share the Road and Give Clearance to Cyclists

Beth Janicek
Attorney
(866) 735-1102 Ext 395
Posted by Beth JanicekMay 11, 2009 4:21 PM

An article in the San Antonio Express News caught my eye this weekend regarding Senate Bill 488 – the Safe Passing Bill. As a cyclist and runner, I am a proponent of the bill which heads to the House after a recent Senate victory. The bill requires commercial vehicles and large trucks at least six feet clearance to groups including bicyclists, pedestrians, runners, motorcyclists and construction workers. All other vehicles are required to give them three feet.

Violators will be handed a $500 fine. If the crash causes injuries, motorist will be charged with a Class B misdemeanor with a maximum penalty of 180 days in jail and a $2000 fine.

This weekend off 1604 and Highway 16, a motorist driving an SUV sideswiped two cyclists in their late 40s. They were driving on the shoulder when the 2003 Jeep Liberty swerved off the road and struck them. The driver did stop and call 911. Both cyclists were flow to Wilford Hall Medical Center, one with head and knee injuries and the other with chest pains and possibly broken ribs. The driver of the SUV was ticketed $190 and charged with failure to maintain a single lane.

A preliminary Texas Department of Transportation report showed 50 bicyclists in Texas were killed and another 274 suffered incapacitating injuries. In the 50 bicyclists killed, 20 of those were caused by motorists not passing safely.

“More people are cycling all the time. We want to make sure that crashes and fatalities don't go up with that increased cycling,” Stallings said. “The best way to do that is to begin to educate at the earliest levels.”

Other similar bills regarding vulnerable road users have been held up in the Legislature since 2003, but Rep. Linda Harper-Brown, one of the author’s of the bill is “somewhat confident” it will pass before the session ends June 1.

I will be following up with additional blog posts on this topic as more information arises. Stay tuned.

6 Comments

Have an opinion about this post? Please consider leaving a comment or subscribing to the feed to have future articles delivered to your feed reader.

Danny FeldmanInjuryBoard Attorney Member
Posted by Danny Feldman
May 11, 2009 6:36 PM

I absolutely agree that such a law is necessary and, especially if enforced, would make the roads safer for cyclists, runners etc. I am an avid cyclist and I often represent injured cyclists. Its clear to me that cars and trucks that routinely "buzz" cyclists are taking risks with the lifes and wellbeing of cyclists which should not be tolerated. I hope the law passes and I hope that it is enforced.

Danny FeldmanInjuryBoard Attorney Member
Posted by Danny Feldman
May 11, 2009 6:37 PM

I absolutely agree that such a law is necessary and, especially if enforced, would make the roads safer for cyclists, runners etc. I am an avid cyclist and I often represent injured cyclists. Its clear to me that cars and trucks that routinely "buzz" cyclists are taking risks with the lifes and wellbeing of cyclists which should not be tolerated. I hope the law passes and I hope that it is enforced.

Danny FeldmanInjuryBoard Attorney Member
Posted by Danny Feldman
May 11, 2009 6:39 PM

I absolutely agree that such a law is necessary and, especially if enforced, would make the roads safer for cyclists, runners etc. I am an avid cyclist and I often represent injured cyclists. Its clear to me that cars and trucks that routinely "buzz" cyclists are taking risks with the lifes and wellbeing of cyclists which should not be tolerated. I hope the law passes and I hope that it is enforced.

Mark WilliamsInjuryBoard Attorney Member
Posted by Mark Williams
May 11, 2009 11:13 PM

More laws like this should be passed. I've been on the roads running and biking for about 32 years and have had many close calls. Some of my friends have been hit, and a couple have been killed. As people begin to understand the physical and emotional benefits of exercise, more will share the road. Hopefully the general driving public will become more aware and accepting of the need to share the road. Thanks for the post. Keep us up to date as this bill progresses.

ChipSeal
Posted by ChipSeal
May 16, 2009 7:08 PM

Mr Feldman, why is this law needed? Wouldn't hitting a bicyclist be covered by Sec. 545.053 and Sec. 545.054 and Sec. 545.351(B)(2) and Sec. 545.401(A)? If the twenty cyclists killed last year were in violation of these statutes, why were they not prosecuted under them?

How would SB 488 be any different than the above existing laws? Sec. 545.103, Sec. 545.418 are also already law. Does repetition make better law?

The real problem is not a lack of laws, but a lack of responsible behavior- First by lawless motorists and then by police, prosecutors and the courts to their duty to enforce the law.

Danny FeldmanInjuryBoard Attorney Member
Posted by Danny Feldman
May 17, 2009 10:39 AM

Chipseal - I agree with the point of your blog - responsible behavior by drivers and law enforcement really is the best solution. And I am not familiar with the provisions of the specific laws you cite regarding "hitting" a cyclist, but as a general proposition, hitting a cyclist can result in a motorist being held responsible in a civil setting. As I understand the proposed law, it also holds the motorist criminally responsible making a violator guilty of a misdemenor. More importantly, perhaps, is that these type of "anti-buzzing" laws bring attention to the fact that not giving cyclists adequate room is dangerous. Although this should be self-evident, it may not always be so and a law criminilizing the behavior may help motorists realize the potential consequences of their actions. Although, as you correctly point out, enforcement of these laws really is important and, generally speaking, even if passed, I always am skeptical that enforcement will be carried out like it should be.

Comments for this article are closed.

Subscribe to InjuryBoard San Antonio

InjuryBoard San Antonio RSS Feeds

Keep up with the latest updates using your favorite RSS reader

Injury Board San Antonio is brought to you by The Law Offices of Beth Janicek

Legal Assistance Center

More Info
The Law Offices of Beth Janicek 866-735-1102 ext 395 www.bethjanicek.com
google
Personal Injury Lawyers Serving: San Antonio, Boerne, Crystal City, Del Rio, Eagle Pass, Helotes, Kerrville, all surrounding areas
100 SandauSuite 101, San Antonio, Texas 78216 [ Show Map ]
Better Business Bureau Accredited Business Confidential

Your question will be referred to an attorney near you. If your question is of a legal nature, then by submitting this form you agree you are not forming a formal attorney / client relationship. Read our full privacy policy.

Looking for an InjuryBoard attorney closer to home? Click here.

Subscribe to Blog Updates

Enter your email address if you would like to receive email notifications when comments are made on this post.

Email address