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What Should You Do When Passing A Bicyclist In Michigan?

July 4, 2013 by Steven M. Gursten

What Should You Do When Passing A Bicyclist In Michigan?

In Michigan, when passing a bicyclist you should allow a safe distance of at least 3 feet between your car or truck and the bicyclist. You should also drive at a careful and prudent speed such that you would be able to stop quickly if necessary.

If it’s not practicable to allow a full 3 feet of safe space, you must still allow a safe distance while passing and you must do so at a safe speed.

I’ve written previously about many of my own legal cases involving people on bicycles who are injured by drivers, and how I’ve learned from trying these cases and talking with juries, just how many drivers of cars are biased against bicyclists and cyclists.

Many drivers think bicyclists are putting themselves at risk by being on a bike on a public road. Other people think bicyclists shouldn’t have the same legal rights if they’re injured in an accident because they’ve somehow assumed a special level of risk.

This perception is dangerous and it has to change. The only way is through education.

Like it or not (and I happen to like it), bicyclists are here to stay.  The projected growth of people riding bikes is expected to continue to grow in metro Detroit and its surrounding cities, just as it is throughout the rest of the country in the coming years. And bicyclists are entitled to the same traffic laws and expectation of safety as drivers of cars. So it’s up to drivers to stay patient, to see bicyclists who are there to be seen, and to help protect bicyclists.

Safe distance when passing a bicyclist

In Michigan, if a car or truck is going to pass a bicyclist on the bicyclist’s left or right, the driver must allow a “safe distance of at least 3 feet” between his or her motor vehicle and the bicyclist. However, if a 3-foot safe distance is “impracticable,” then the driver must pass “at a safe distance” and “at a safe speed.” (MCL 257.636(2); 257.637(3))

Passing a bicyclist in a no-passing zone

In Michigan, the driver of a car or truck may pass a bicyclist in a “no-passing zone” so long as “it is safe to do so.” (MCL 257.636(3))

At what speed may a driver pass a bicyclist?

In Michigan, when the driver of a car or truck is passing a bicyclist, the driver must drive at a “careful and prudent speed not greater than nor less than is reasonable and proper” under the circumstances and “which will permit a stop within the assured, clear distance ahead.” (MCL 257.627(1))

The law in Michigan also specifies that if it is impracticable to allow a 3-foot “safe distance” between the passing motorist and the bicyclist, then the motorist must pass “at a safe distance” and “at a safe speed.” (MCL 257.636(2); 257.637(3))

Distracted driving

When passing a bicyclist, a motorist must obey the Michigan distracted driving laws which prohibit drivers from using a hand-held cell phone or mobile electronic device to: (1) talk on the phone; (2) text; (3) watch or record videos; and (4) post to and engage on social media. (MCL 257.602b(1), (12)(a) and (13))

To keep bicyclists safe, keep your eyes and attention on the road, not your phone.

Remember:

  • Drivers who are texting are 23 times more likely to be involved in a crash, according to the Virginia Tech Transportation Institute.
  • Drivers who are dialing a handheld cell phone are 12 times more likely to crash, according to the Virginia Tech Transportation Institute.

Safety tips for sharing the road with bicyclists in Michigan

Here is my list of 11 safety tips for drivers to keep in mind when they are passing a bicyclist or otherwise sharing the road with bicycles in Michigan (or anywhere):

  1. Understand bicyclist vulnerability: Cars and trucks can weigh thousands of pounds, while a bike can weigh around 20 pounds. As an auto accident attorney who has handled many bike car accidents, I can tell you that the injuries bicyclists sustain are often catastrophic or deadly.
  2. Be sure before you pass: Passing slower vehicles is a regular practice. But it doesn’t apply to bicycles in the same manner. There are several situations where it’s important to pause and consider whether passing a bicyclist makes sense. For example, it’s not wise or safe to pass a bicyclist going downhill, around curves, or when he is riding his bike at the same speed as traffic. Make sure there is enough room to safely pass, and you can gauge the bicyclist’s direction. Do not cut off the bicyclist when turning right. When you pass, make sure it’s slow and careful.
  3. Be extra cautious when turning right: Again, do not cut off the bicyclist when turning right. If you don’t signal your turn or if the bicyclist is a little bit behind you, you could end up hitting the bicyclist. Look for the bicyclist’s hand signal.
  4. Acknowledge bicyclists with eye contact or a wave: This shows that you see the bicyclist and are paying attention to his direction and intention.
  5. Keep an eye out for bike lanes: Just because there’s a bike lane, doesn’t mean the bicyclist is perfectly safe. Do not veer into the bike lane. And pay attention to the bike lane, as it could abruptly end or be interrupted, causing the bicyclist to have to ride into traffic.
  6. Pay attention to the bicyclist’s hand signals: Here are the universal bike hand signals that bicyclists use to alert drivers of their intended turns and stops. Drivers should be familiar with the signals so they understand the bicyclist’s intention.
  7. Follow the traffic laws: It’s important for drivers of cars to follow traffic laws as they normally would, even when a bicyclist is among traffic. For example, if a driver in effort to be courteous, skips his turn and waives a bicyclist through a four-way stop, that can be confusing as it throws off the regular flow of traffic. It could also cause a bicycle car accident.
  8. Know the law for Michigan bicyclists: Here is a blog post we wrote about the Michigan bicycle law. In short: Each person riding a bicycle . . . upon a roadway has all of the rights and is subject to all of the duties applicable to the driver of a vehicle . . . ” This means a bicyclist can ride on the road as drivers, and must follow the same traffic laws, like stopping at stop signs and red lights. According to Michigan law, bicyclists are allowed to ride on the roads.
  9. Watch when you opening your door: Don’t “door” a bicyclist. This occurs when drivers of cars open their doors suddenly and knock an oncoming bicyclist down.
  10. Don’t honk your horn: Honking your horn can startle the bicyclist and send him veering into traffic or a curb. It will not cause the bicyclist to go faster or get out of your way. It could cause a serious accident.
  11. Change your attitude: If you start to feel annoyed and impatient with a bicyclist, keep in mind that there is a person on that bicycle. What if it were your grandparent, your brother or your close friend riding that bike? How would you want other drivers to treat that bicyclist if it were someone you cared about?

The golden rule, as in all aspects of life, applies here as well: treat every bicyclist as you would want your loved ones to be treated when you encounter someone on a bike and you are the one behind the wheel.

Injured in a car accident? Call Michigan Auto Law now!

If you are a bicyclist who was injured while a car was passing you, call Michigan Auto Law now (855) 960-3320 for a free consultation with one of our experienced bicycle accident lawyers. There is no cost or obligation. You can also visit our contact page or use the chat feature on our website.

Michigan Auto Law is Michigan’s largest and most successful law firm that specializes exclusively in helping people who have been injured in auto accidents.

Our secret? Our attorneys deliberately handle fewer cases than other personal injury law firms.  This allows us to focus more time and attention on our cases.

Unlike other law firms, our attorneys are never too busy to promptly return phone calls and answer questions.

We have more than 2,000 5-Star reviews that reflect this care and attention to detail.

More importantly, this client-focused approach leads to better and faster settlements for our clients. Michigan Auto Law has recovered more million-dollar settlements and trial verdicts for motor vehicle accidents than any other lawyer or law firm in Michigan. We’ve also recovered the highest ever reported truck accident and car crash settlement in the state.

Call now so we can start making a real difference for you.

What Should You Do When Passing A Bicyclist In Michigan?

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