In 2014, 726 bicyclists were killed in collisions with motor vehicles, and an additional 65,000 were injured. Many victims of these victims (or their families) were able to obtain financial compensation from the insurance company of the at-fault driver. However, not all car/bicycle collisions are the fault of the driver of the motor vehicle.
Idaho Bicyclists must follow certain rules. For example, Idaho statute § 49-714 states that a person on a bicycle must follow the same rules as the drivers of other motorized vehicles except as otherwise specified in other Idaho statutes. § 49-714 also states that bicyclists must “exercise due care,” an unfortunately vague standard.
There are special Idaho rules that apply to the interaction between pedestrians and bicyclists. These are:
— A person riding a bicycle on a sidewalk must yield the right of way to a pedestrian.
— If local road signs prohibit the operation of a bicycle in that location, those signs must be obeyed. For example, the City of Coeur d’Alene limits the right of bicyclists to use sidewalks in the downtown area.
— A person operating a bicycle must follow all the rules applicable to pedestrian.
This means that a bicyclist has to conform both to rules for motor vehicles as well as pedestrians!
In addition, § 49-718 forbids bicyclists from riding two abreast except on portions of highways specially designated for bicycles.
§ 49-722 forbids bicycle racing unless authorized by an event approved by a local governing authority.
§ 49-715 states that no more than one person can ride on a single seat bicycle, except that it is permitted to carry a child in a backpack, sling or child carrier attached to the bicycle.
§ 49-717 requires bicyclists to ride to the farthest right side of the road except when passing another bicycle or to make a turn.
§ 49-723 requires a bicycle operating a night to have light providing visibility of at least 500 feet.
§ 49-720 requires bicyclists to signal with an arm before turning (seriously, when is the last time you saw anyone do this?).
To make things even more complicated, courts will not apply these rigid rules in accident cases involving a child on a bicycle. This doctrine was recognized in the 1970 Idaho Supreme case Davis V. Bushnell. In that case the jury awarded money damages to a child who was injured in a collision with a truck. The truck driver appealed to the Idaho Supreme, arguing that the case should have been dismissed because the child was violating rules of the road when the collision occurred.
The Supreme Court rejected the appeal. In its holding, the Court rules that if a driver of a motor vehicle knows of the presence of a child near the highway, the driver is under a duty to take into consideration the thoughtlessness of children in moving at unexpected moments across thoroughfares used for vehicular traffic, and to exercise the degree of care “commensurate with the ordinary emergencies reasonably to be expected.” The Court further stated that, “a child is held to that standard of care which would be expected from an ordinary child of the same age, experience, knowledge, and discretion.”
As can be seen by the above, our heavily regulated society has made the simple act of riding a bicycle into a complex theater in the realm of personal injury litigation. Exactly who is at fault may not be easy to determine and, if the insurance company for the driver will not agree to settle the case, it will ultimately be up to a jury to determine who was at fault.
Coeur d’Alene attorney James Bendell has represented many people injured due injured in motor vehicle collisions. Contact him if you need help or have questions about your injury claim at or by filling out the contact form.