But investigators found that the cyclist was at fault because he was riding in parking lanes and tried to pass the truck on the right, which is illegal in Maryland, according to a city police spokesman.
The law:
§ 21-101. Definitions.
(v) Shoulder.- “Shoulder” means that portion of a highway contiguous with the roadway for the accommodation of stopped vehicles, …
§ 21-1205.1. Bicycles, motor scooters, and EPAMDs prohibited on certain roadways and highways; speed limit.
(b) Roadway with bike lane or shoulder paved to smooth surface.-
(1) Where there is a bike lane paved to a smooth surface or a shoulder paved to a smooth surface, a person operating a bicycle or a motor scooter shall use the bike lane or shoulder and may not ride on the roadway, except in the following situations:
(i) When overtaking and passing another bicycle, motor scooter, pedestrian, or other vehicle within the bike lane or shoulder if the overtaking and passing cannot be done safely within the bike lane or shoulder;
By my reading a “parking lane” is still a shoulder and one cannot leave the shoulder unless you are passing something in the shoulder. And there is this from Bicycle Law:
Imagine you’re driving your car on a road with multiple lanes. You’re in the right lane, and for some reason, the lane to the left of you backs up, and traffic stops. No problem, your lane is still open, so you continue driving, passing all of the cars stopped in the lane to your left.
Then you see the lights in your rearview mirror—you’re pulled over by a law enforcement officer, who issues you a citation for passing on the right. Later, in traffic court, you explain to the Judge that traffic in the lane to your left was stopped, while your lane was open, and that is why you were passing on the right. Despite your defense, the Judge decides that you were in violation of the law, and tells you that you should have either merged into the left lane, or stopped in your lane and waited for traffic in the left lane to begin moving again.
An absurd interpretation of the law? Absolutely. The decision is not only contrary to what the law actually says, it also leads to a result so absurd that any Judge should realize that it is obviously not the law.
So what are your thoughts? Are the police right and are we forbidden to ride in parking lanes? Are we forbidden to pass on the right in a separate lane? And should a commercial truck driver that fails to signal a turn be the lesser “at fault” party?
Please post your thoughts.
References:
https://theathleteslawyer.com/cases/biker-dead-after-being-crushed-by-turning-truck-family-brings-wrongful-death-lawsuit-wrongful-death-suit-filed-in-fatal-accident-a-wrongful-death-lawsuit-has-been-filed-by-the-estate-of-a-decease/
https://www.bicyclelaw.com/blog/index.cfm/2009/12/9/When-The-Law-Doesnt-Say-What-The-Court-Thinks-It-Should-SayoldId.20100625130416460