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Cycling Laws And Insurance
D. Russell Hymas
Laws
• Important Laws All Cyclists Should Know
• New Laws From Past Legislative Session
Important Cycling Laws
Important Cycling Laws
Cyclists have the same
rights and responsibilities as
motorists, with a few notable
exceptions.
Applies to speed, right-of-way
rules, stop signs and other traffic
signals.
General Rule –
Important Cycling Laws
Important Cycling Laws
• Use of Lanes:
–If there is a designated bike lane, use it
–If there is no bike lane, you are entitled to
use the lanes of traffic
–If traveling at less than the speed of
traffic, ride “as near as practicable to the
right-hand edge of the roadway”
Use of Lanes
Right-hand edge of roadway exceptions:
– Passing another bicycle or vehicle;
– Left-hand turns;
– Traveling straight through intersection that has
right-turn only lane; and
– **As reasonably necessary to avoid conditions
that make it unsafe.
Use of Lanes
Examples of reasonably unsafe conditions:
Use of Lanes
Examples of reasonably unsafe conditions:
– Objects, parked cars, pedestrians;
– Surface hazards (debris, glass, pot holes);
and
– A lane that is too narrow for a bicycle and a
vehicle to travel safely side-by-side within
the lane.
Use of Lanes
• Must ride with the flow of traffic;
• Never more than two abreast
– Single file is necessary if impeding traffic or
designated areas (e.g., Emigration Canyon)
• Motorists may not pass within 3 feet of a
moving bicycle.
Sidewalks & Crosswalks
Cyclists have
the same rights and duties as a pedestrian
when on a sidewalk, path, trail, or
crosswalk.
– Riding on sidewalk prohibited in some cities;
– Must yield right-of-way to pedestrians;
– Must give an audible signal before
overtaking pedestrian; and
– Must ride at a reasonable speed.
Exception to General Rule:
Turns & Turn Signals
Turns & Turn Signals
• Left-turn, right-turn, and stopping signals
are required;
• Left-hand turns:
– May use the left-hand turn lane; OR
– May stay on the right-hand side of the
roadway, ride through the intersection to the
opposite side, wait for light to change, then
cross the street with the flow of traffic.
• Not required to signal continuously.
Visibility
Bad Example:
Visibility
Good Example:
Visibility
Best Example:
Visibility
• When required?
– Half-hour after sunset
– Half-hour before sunrise
– Conditions don’t allow 1,000 ft. visibility
• What is required?
– Lighting/reflectors visible from 500 feet
– Front white light
– Rear red taillight/reflector (flashing or non-
flashing)
– Lights or reflectors on both sides
New Laws
• Vulnerable User Law:
–Enhanced penalties for causing injury to
cyclists or other “vulnerable users”
–No exceptions to 3-foot law!
New Laws
• Non-responsive signals:
– Cyclist comes to a complete stop at a red light &
signal doesn’t detect presence for 90 seconds or
more
– Cyclist is allowed to proceed across the roadway if
can be done safely
– Applies to cyclists and motorcycles
– Sunset: July 1, 2014
New Laws
• Passing on the Right:
• Passing on the Right:
– Allows cyclists to utilize shoulder to pass vehicles
on the right
– May only do so if move can be made safely
New Laws
Insurance
Types of Insurance:
• Liability Insurance
• Personal Injury Protection (PIP)
• Uninsured Motorist Coverage (UM)
• Underinsured Motorist Coverage (UIM)
• Theft Insurance
Insurance
• Motorists must carry state minimum
25/65/15 policy:
– Covers up to $25,000 of damages per
person (including medical expenses, lost
wages, pain & suffering)
– If two or more are injured, maximum
coverage is $65,000 per accident
– Covers up to $15,000 in property damage
Liability Insurance
Problems presented:
– Need for immediate medical treatment
• Liability Ins. won’t pay anything until settlement
• 30 days to investigate & determine fault
– What if the driver is uninsured?
– What if I’m seriously injured & my medical
expenses are over $25,000?
Liability Insurance
Need for Immediate
Medical Treatment
• PIP / No-fault Insurance
– Each vehicle must carry a minimum of
$3,000 to pay for medical expenses
– Available for each person in vehicle, as well
as cyclists and pedestrians that come in
contact with vehicle
– “Fault” is not taken into consideration
– If cyclist has own auto
insurance, “secondary” PIP may be available
Never leave the scene of an
accident without obtaining insurance
information from the at-fault
motorist, even if you don’t think you’re
hurt.
Don’t risk going without health
insurance. If treatment is needed beyond
PIP limits, health insurance will pay until
time of settlement.
Need for Immediate
Medical Treatment
Lesson #1:
Lesson #2:
What if Driver is Uninsured?
• Uninsured Motorist Coverage (UM)
– Pays for your medical expenses, lost
wages, and other damages
– Coverage available under your own auto
policy
– When does it apply?
• Driver’s auto insurance has lapsed
• Hit-&-run accidents
• Phantom vehicle accidents
What if Driver is Uninsured?
Case Example:
– Cyclist goes through an intersection on a green
light, car makes left-hand turn in front of
cyclist, resulting in T-bone collision
– Cyclist is seriously injured, $20,000 in medical
expenses
– Motorist has let auto insurance lapse
– Cyclist waived UM coverage on his policy, saving
him $5 per month
– Now stuck with $20,000 in medical bills
What if Driver is Uninsured?
Never waive UM coverage.
Provides essential safety net in an
accident with an uninsured driver.
Carry a minimum of
100/300 in UM coverage.
Lesson:
Recommendation:
What if My Damages Are More
Than the Liability Limits?
• Underinsured Motorist Coverage (UIM)
– Pays for your medical expenses, lost
wages, and other damages beyond at-fault
driver’s liability policy limits
– Coverage available under your own auto
policy
– When does it apply?
• At-fault driver’s liability policy has been paid but
is insufficient to cover all damages
What if My Damages Are More
Than the Liability Limits?
• Case Example:
– Cyclist is struck from behind by motorist who veers into
bicycle lane. Cyclist’s injuries result in a neck fusion
surgery (costing over $45,000).
– Driver’s liability insurance pays its limits of $25,000.
– Cyclist then makes UIM claim for remaining $20,000 in
bills, plus lost wages and pain & suffering.
– If cyclist had waived UIM coverage, he would be paying
out of pocket for medical bills, even though accident was
not his fault!
What if My Damages Are More
Than the Liability Limits?
Never waive UIM coverage.
Provides essential safety net in an
accident where injuries exceed the at-
fault policy limits.
Carry a minimum of
100/300 in UIM coverage.
Lesson:
Recommendation:
Bicycle Theft Insurance
Bicycle Theft Insurance
• Homeowner’s / Renter’s Insurance
– Some policies require a special rider
(Special Personal Property
Insurance), similar to expensive jewelry
– Must be able to prove value
• Proof of purchase or appraisal
• Be careful if you’ve added expensive upgrades
– Check with insurance agent
Bicycle Liability/Theft/Damage
Insurance
Full coverage for bicycle
Limited availability, expensive
premiums
Pros:
Cons:
Utah Bicycle Lawyers – Resources
UtahBicycleLawyers.com
Cycling Laws And Insurance
D. Russell Hymas

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Utah Bike Summit - Cycling Laws & Insurance

  • 1. Cycling Laws And Insurance D. Russell Hymas
  • 2. Laws • Important Laws All Cyclists Should Know • New Laws From Past Legislative Session
  • 4. Important Cycling Laws Cyclists have the same rights and responsibilities as motorists, with a few notable exceptions. Applies to speed, right-of-way rules, stop signs and other traffic signals. General Rule –
  • 6. Important Cycling Laws • Use of Lanes: –If there is a designated bike lane, use it –If there is no bike lane, you are entitled to use the lanes of traffic –If traveling at less than the speed of traffic, ride “as near as practicable to the right-hand edge of the roadway”
  • 7. Use of Lanes Right-hand edge of roadway exceptions: – Passing another bicycle or vehicle; – Left-hand turns; – Traveling straight through intersection that has right-turn only lane; and – **As reasonably necessary to avoid conditions that make it unsafe.
  • 8. Use of Lanes Examples of reasonably unsafe conditions:
  • 9. Use of Lanes Examples of reasonably unsafe conditions: – Objects, parked cars, pedestrians; – Surface hazards (debris, glass, pot holes); and – A lane that is too narrow for a bicycle and a vehicle to travel safely side-by-side within the lane.
  • 10. Use of Lanes • Must ride with the flow of traffic; • Never more than two abreast – Single file is necessary if impeding traffic or designated areas (e.g., Emigration Canyon) • Motorists may not pass within 3 feet of a moving bicycle.
  • 11. Sidewalks & Crosswalks Cyclists have the same rights and duties as a pedestrian when on a sidewalk, path, trail, or crosswalk. – Riding on sidewalk prohibited in some cities; – Must yield right-of-way to pedestrians; – Must give an audible signal before overtaking pedestrian; and – Must ride at a reasonable speed. Exception to General Rule:
  • 12. Turns & Turn Signals
  • 13. Turns & Turn Signals • Left-turn, right-turn, and stopping signals are required; • Left-hand turns: – May use the left-hand turn lane; OR – May stay on the right-hand side of the roadway, ride through the intersection to the opposite side, wait for light to change, then cross the street with the flow of traffic. • Not required to signal continuously.
  • 17. Visibility • When required? – Half-hour after sunset – Half-hour before sunrise – Conditions don’t allow 1,000 ft. visibility • What is required? – Lighting/reflectors visible from 500 feet – Front white light – Rear red taillight/reflector (flashing or non- flashing) – Lights or reflectors on both sides
  • 18. New Laws • Vulnerable User Law: –Enhanced penalties for causing injury to cyclists or other “vulnerable users” –No exceptions to 3-foot law!
  • 19. New Laws • Non-responsive signals: – Cyclist comes to a complete stop at a red light & signal doesn’t detect presence for 90 seconds or more – Cyclist is allowed to proceed across the roadway if can be done safely – Applies to cyclists and motorcycles – Sunset: July 1, 2014
  • 20. New Laws • Passing on the Right:
  • 21. • Passing on the Right: – Allows cyclists to utilize shoulder to pass vehicles on the right – May only do so if move can be made safely New Laws
  • 23. Types of Insurance: • Liability Insurance • Personal Injury Protection (PIP) • Uninsured Motorist Coverage (UM) • Underinsured Motorist Coverage (UIM) • Theft Insurance Insurance
  • 24. • Motorists must carry state minimum 25/65/15 policy: – Covers up to $25,000 of damages per person (including medical expenses, lost wages, pain & suffering) – If two or more are injured, maximum coverage is $65,000 per accident – Covers up to $15,000 in property damage Liability Insurance
  • 25. Problems presented: – Need for immediate medical treatment • Liability Ins. won’t pay anything until settlement • 30 days to investigate & determine fault – What if the driver is uninsured? – What if I’m seriously injured & my medical expenses are over $25,000? Liability Insurance
  • 26. Need for Immediate Medical Treatment • PIP / No-fault Insurance – Each vehicle must carry a minimum of $3,000 to pay for medical expenses – Available for each person in vehicle, as well as cyclists and pedestrians that come in contact with vehicle – “Fault” is not taken into consideration – If cyclist has own auto insurance, “secondary” PIP may be available
  • 27. Never leave the scene of an accident without obtaining insurance information from the at-fault motorist, even if you don’t think you’re hurt. Don’t risk going without health insurance. If treatment is needed beyond PIP limits, health insurance will pay until time of settlement. Need for Immediate Medical Treatment Lesson #1: Lesson #2:
  • 28. What if Driver is Uninsured? • Uninsured Motorist Coverage (UM) – Pays for your medical expenses, lost wages, and other damages – Coverage available under your own auto policy – When does it apply? • Driver’s auto insurance has lapsed • Hit-&-run accidents • Phantom vehicle accidents
  • 29. What if Driver is Uninsured? Case Example: – Cyclist goes through an intersection on a green light, car makes left-hand turn in front of cyclist, resulting in T-bone collision – Cyclist is seriously injured, $20,000 in medical expenses – Motorist has let auto insurance lapse – Cyclist waived UM coverage on his policy, saving him $5 per month – Now stuck with $20,000 in medical bills
  • 30. What if Driver is Uninsured? Never waive UM coverage. Provides essential safety net in an accident with an uninsured driver. Carry a minimum of 100/300 in UM coverage. Lesson: Recommendation:
  • 31. What if My Damages Are More Than the Liability Limits? • Underinsured Motorist Coverage (UIM) – Pays for your medical expenses, lost wages, and other damages beyond at-fault driver’s liability policy limits – Coverage available under your own auto policy – When does it apply? • At-fault driver’s liability policy has been paid but is insufficient to cover all damages
  • 32. What if My Damages Are More Than the Liability Limits? • Case Example: – Cyclist is struck from behind by motorist who veers into bicycle lane. Cyclist’s injuries result in a neck fusion surgery (costing over $45,000). – Driver’s liability insurance pays its limits of $25,000. – Cyclist then makes UIM claim for remaining $20,000 in bills, plus lost wages and pain & suffering. – If cyclist had waived UIM coverage, he would be paying out of pocket for medical bills, even though accident was not his fault!
  • 33. What if My Damages Are More Than the Liability Limits? Never waive UIM coverage. Provides essential safety net in an accident where injuries exceed the at- fault policy limits. Carry a minimum of 100/300 in UIM coverage. Lesson: Recommendation:
  • 35. Bicycle Theft Insurance • Homeowner’s / Renter’s Insurance – Some policies require a special rider (Special Personal Property Insurance), similar to expensive jewelry – Must be able to prove value • Proof of purchase or appraisal • Be careful if you’ve added expensive upgrades – Check with insurance agent
  • 36. Bicycle Liability/Theft/Damage Insurance Full coverage for bicycle Limited availability, expensive premiums Pros: Cons:
  • 37. Utah Bicycle Lawyers – Resources UtahBicycleLawyers.com
  • 38. Cycling Laws And Insurance D. Russell Hymas