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Yes. Maryland drivers must yield to people on bicycles in several everyday situations: turning left in front of an oncoming rider, crossing a bike lane or shoulder, pulling out of a driveway, and facing a stop or yield sign. Maryland law defines a bicycle as a vehicle, so most of the right-of-way rules that protect drivers protect cyclists too. When a driver ignores that duty and hits a rider, the driver can be held responsible for the injuries. A Maryland bicycle accident attorney can identify exactly which rule the driver broke.
A Bicycle Is a Vehicle Under Maryland Law
Maryland’s traffic code classifies a bicycle as a vehicle. The statute that defines “bicycle” describes it as “A vehicle that” meets certain design requirements. Because of that definition, a right-of-way rule that requires a driver to yield to “any other vehicle” also requires the driver to yield to a person on a bike.
A second statute makes the same point from the rider’s side. A person riding a bicycle on a public road, a bike path, or another area the government maintains for bicycles “has all the rights granted to and is subject to all the duties required of the driver of a vehicle,” with a few stated exceptions. So a cyclist has to follow most of the same rules a driver follows. In Maryland, a rider who breaks one of those rules can lose an injury claim, as the section on fault below explains.
When Maryland Drivers Must Yield to a Cyclist
Maryland’s right-of-way statutes name specific moments when a driver must let a rider go first. The main situations are these:
- Left turns. A driver turning left at an intersection, or into an alley or driveway, must yield to oncoming traffic before turning left when that traffic is in the intersection or close enough to be an immediate danger. An oncoming cyclist counts as oncoming traffic.
- Bike lanes and shoulders. A driver about to enter or cross a designated bike lane or shoulder must, unless another traffic law says otherwise, yield to a cyclist lawfully riding in a bike lane or on the shoulder. The same rule covers a driver turning right across a bike lane or pulling across one into a parking space.
- Stop and yield signs. A driver at a stop sign must stop and then yield to any vehicle approaching on the cross street. A driver facing a yield sign must approach with caution, yield, and stop if necessary.
- Driveways and parking lots. A driver leaving a driveway, a private road, or any other place that is not a public road must stop and yield to vehicles approaching on the road, including bikes.
- Crosswalks. A rider lawfully using a crosswalk has the rights of a pedestrian. Where no traffic signal is operating and no pedestrian tunnel or overhead crossing is provided, a driver must stop for a person crossing in the crosswalk on the driver’s half of the road or approaching from the adjacent lane on the other half. At a traffic signal, a driver going on green or turning on red must yield to a rider lawfully in a crosswalk at the intersection.
Each of these duties depends on the facts: where the rider was, whether the rider was riding lawfully, and how close the rider was when the driver began to move. A crash investigation has to establish each of those facts.
Passing a Cyclist: Due Care and the 3-Foot Rule
Every Maryland driver must exercise due care to avoid colliding with a person riding a bicycle. The statute opens with the words “Notwithstanding any other provision of this title,” so the duty applies even when another traffic rule gives the driver the right-of-way.
When passing a cyclist, a driver must pass safely and leave at least 3 feet. The law allows a smaller gap in three situations. The first is when the rider is not following the rules for riding to the right or using an available bike lane. The second is when the rider’s failure to hold a steady course alone caused the smaller gap. The third is when the road is too narrow to pass at 3 feet lawfully. The due care duty still applies in all three.
Cyclists Have Duties Too, and Maryland’s Fault Rule Makes Them Decisive
A rider who has a driver’s rights also has a driver’s duties. At an intersection, a cyclist must obey traffic signals. On a sidewalk or in a crosswalk, a cyclist must yield to pedestrians. Where a bike lane paved to a smooth surface exists, a cyclist must use it. The exceptions cover passing when it cannot be done safely within the lane, preparing for a left turn, and leaving the lane when reasonably necessary to avoid debris or other hazards or because a right turn lane, merge lane, or other marking breaks up the bike lane. A rider may not leave the lane until the move is reasonably safe, and only after giving an appropriate signal.
A rider using a crosswalk also takes on a pedestrian’s restrictions. That includes the rule against suddenly leaving the curb into the path of a car so close that the driver cannot yield.
Those duties matter because of how Maryland assigns fault. The state follows contributory negligence, a rule that, with narrow exceptions, bars an injured person from any recovery when that person’s carelessness helped cause the injury, even when the other party carried most of the blame. In 2013, the state’s highest court declined to abandon the rule in Coleman v. Soccer Association of Columbia.
Under that rule, the driver’s insurance company has a reason to look hard at what the rider did. A strong claim has to do two things: prove that the driver’s carelessness, such as failing to yield, caused the rider’s injuries, and answer any argument from the driver’s insurer that the rider helped cause them.
What Happens When a Driver Fails to Yield
A driver who fails to yield faces two separate consequences. The first is a traffic offense. Maryland makes it a separate offense when a driver fails to yield to a rider lawfully using a designated bike lane or shoulder and that failure contributes to the rider’s serious physical injury or death. A conviction carries up to two months in jail, a fine, or both.
The second is a civil claim. You can sue the driver for your injuries. A fine punishes the driver but does not pay your medical bills. Compensation from the driver for medical bills, lost income, and pain and suffering comes through a claim with the driver’s liability insurer or a lawsuit against the driver.
Proving that a driver failed to yield means reconstructing the seconds before impact. The evidence that shows what happened includes:
- The police crash report and any citation the officer issued
- Video from traffic cameras, nearby businesses, doorbell cameras, and helmet or handlebar cameras
- Statements from witnesses, taken while their memories are fresh
- Photographs of the scene, including bike lane markings, signs, and sight lines
- Damage to the bicycle and the car, which shows the angle and point of impact
- Medical records beginning with the first visit after the crash
Private camera systems record over old footage, so video is the evidence to secure first. You or your attorney should send the camera owner a written request to preserve it right away. The lawsuit has a deadline too. Maryland gives most injury claims three years from the date the claim arises, unless another law sets a different period.
A child hurt in a crash usually has until three years after turning 18 to file their own claim.Claims against a government, such as after a crash with a government vehicle, often require a written notice or claim sooner, usually within one year of the injury for the State of Maryland and Maryland local governments, so always consult an attorney as soon as possible.
How a Maryland Bicycle Accident Attorney Can Help
After a crash, the driver’s insurance company starts building its version of events. We start building yours. Our team obtains the crash report and video, interviews witnesses, identifies the right-of-way rule the driver broke, and answers the contributory negligence argument before the adjuster can use it. Then we pursue compensation for your medical bills, lost income, damaged bike, and pain and suffering.
McGowan & Cecil, LLC has handled Maryland personal injury claims for people in Laurel and throughout the Baltimore-Washington area since 2001, backed by more than 120 years of combined legal experience. We also represent drivers and passengers hurt in Maryland car accidents. Every client is assigned at least one attorney and one paralegal, and our support is 100% human, with no AI assistants. We work on a contingency fee, so there is no fee unless we recover for you, and se habla español. Contact us for a free case evaluation.