Who is right when things really go wrong? Whether overtaking, parking, opening doors, on the street or on the sidewalk, it is part of everyday life that conflicts arise between drivers or pedestrians and cyclists.
Falling through car doors
Car doors pose an everyday danger when they are inattentively opened by drivers who park on the street. Cyclists are often unable to react so quickly, which is why accidents often occur.
Who is to blame?
Case law is very clear in such incidents and usually imposes very high standards of care on drivers. However, liability insurance companies always try to put a different spin on things: In such cases, the injured cyclists should be charged with contributory negligence. Because they also have to pay attention to the minimum distance of 90 centimeters that they should maintain from the cars. Every road user must comply with this duty of care.
Obstacles on the bike path
It often happens that objects are left on the bike path and thus pose a danger. However, not only the person responsible for the obstacle is liable, but also the cyclist. If the object is visible, he must reduce his speed and pass by with sufficient distance. Cars parked in the bike path may be towed.
Cyclists are allowed to overtake on the right
Surprising for many: According to the road traffic regulations, cyclists are allowed to pass parked or slow-moving cars on the right. The laws are becoming more and more bicycle-friendly. It is also allowed to drive two people next to each other on the road.
Only overtake with plenty of distance
However, drivers are only allowed to overtake with sufficient distance. A side distance of 1.5 meters applies when overtaking in urban areas and 2 meters outside of urban areas. Cyclists are required to drive on the right. However, it is recommended to keep your bike one meter away from the right side of the road.
Pedestrians and cyclists in conflict
The cycle path does not exempt the cyclist from the duty of care. Cyclists have to adjust their speed, especially when overtaking or driving past. Consideration for pedestrians is the top priority here. Conversely, pedestrians have no place on cycle paths. If they do cross a cycle path, they must be particularly attentive, otherwise they risk complicity.
When is the cycle path mandatory?
If the blue cycle path sign is present, it is obligatory for the cyclist to use the cycle path. Exceptions here are cargo bikes and bikes with trailers. Racing bikes, on the other hand, must always use the bike path if one is available, despite their speed. The situation is different with the white sign “Cyclists free”: Here, cycling is permitted on the respective path, but not mandatory. Only children up to 10 years old are allowed to ride on the sidewalk.
Privilege at the zebra crossing only on foot
They must dismount if they want to exercise pedestrian privilege. If you use it while driving, car traffic has the right of way.
Legal background
Judgments to which parts of this focus relate:
Tip: Dutch handle
In order to increase safety for cyclists as a car driver, the Dutch grip is recommended. The driver does not open the driver's door with his left hand, which is closest to the door, but with his right. What does that bring? Very easy. Normally when you open the door you look forward. And there is a risk that a cyclist who was unable to get out of the way in time will drive into the door that has just been opened. Or didn't want to, because there are also cars to his left. The so-called “dooring”.
But if you open the driver's door with your right hand, you are automatically in a posture that forces you to look over your shoulder, which is actually obligatory anyway, and thus alerts the driver in good time to approaching cyclists.
Source: What are the rules when cycling? , Author: Angelika Scheffler-Ronen, Image source: Colourbox
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