What Are The Running and Biking Rules of the Road?

Unfortunately people are injured in cycling and pedestrian accidents every day while simply trying to stay fit and healthy or otherwise trying to get from point A to point B, on or near the roadways by foot or by bicycle. There are of course laws that govern how bicyclists and pedestrians may use the roadways, and there are also best practices on traversing roadways safely. 

In fact, West Virginia cyclists must adhere to all of the rules and laws that apply to driving a vehicle, while utilizing the public roadways, per WV Code §17C-11-3. 

Sadly, pedestrians and cyclists do not always fully know the laws and/or do not follow the laws or best practices (please check out the article I wrote on road running safety, for some practical wisdom and best practices, as well as for an answer to the age-old question of “which side of the road should I run on?”).

However, in many cases where someone is injured by a vehicle, while cycling or running, it is at least largely, if not entirely, the fault of the driver in the vehicle. If you or a loved one have been injured by a vehicle while walking, running or biking on or near the roadways, it is crucial that you retain a lawyer for your injury case who knows and understands the laws, rights and responsibilities of pedestrians and cyclists when using public roads.

Do not simply call the next injury lawyer, who doesn’t know a derailleur from a shifter; rather, get an attorney who knows and understands the rules of the roads and the ins and outs of dangers runners, walkers and cyclists face out there on the pavement.

Get An Experienced WV Cycling & Pedestrian Lawyer, Who Understands The Rights Of Runners & Cyclists.

Adams Legal Group, PLLC, a Morgantown, WV law firm, is owned by William Adams,

who as an avid runner, cyclist and triathlete, is in a position to intimately understand all of the issues related to running, walking, and bicycling safety as well as the accidents and injuries incurred by cyclists and pedestrians. Mr. Adams is licensed in both West Virginia handles personal injury and accident cases in both states.

Running and Biking on Public Roadways is Inherently Dangerous

Running and biking put you in close proximity to passing automobiles, and as such can be inherently extremely dangerous. In today’s smart phone and cell phone world the dangers are particularly acute. If you are running, walking or bicycling on the side of the road, and the driver speeding by you is distracted by their cell phone, they could easily swerve that extra foot or two necessary to strike and potentially kill you.

There’s nothing much you can do about it and wearing bright clothing, lights, reflectors and a bicycle helmet may only provide minimal protection. While is is a good idea to take all those precautions, in my opinion, there is one great way to increase the odds that your daily run or bike ride is a safe one and that you return home in one piece.

What Is the Running and Cycling Safety #1 Top Safety Tip?

When it comes to road-side safety and avoiding pedestrian accidents or being run off the road by a vehicle while cycling,  it is the time of day that matters the most. When you run or bicycle, the time of the day, is more important from a safety standpoint than where you run or what you are wearing. You need to schedule the majority of your workouts at a time when there is going to be far fewer cars on the road. This is always the very early morning hours. In the early morning hours between 4 am and 6 am, there can be as much as 90% fewer drivers on the road.

According to Forbes.com “The fewest deaths by crash in 2007, the latest year with complete data, happened early in the morning, between 4 a.m. and 5 a.m. Those hours see significantly less traffic … –only 9% of the average amount during peak hours.” It’s just common sense. (source: http://www.forbes.com/2009/01/21/car-accident-times-forbeslife-cx_he_0121driving.html)

Why Is Running Or Biking In The Morning Safest?

Ask yourself the following questions: “when are young, frequently distracted drivers less likely to be on the road? When are people likely to be in a hurry, driving just a little faster and more recklessly to get to work or school? When are people likely to be rushing to and from work on their lunch break? When are teenagers likely to be driving because the local high school just got out for the day? When are people likely to be on the road hurrying home from an exhausting day at work?”

I don’t think there’s any question that you’ll probably be the safest by avoiding the side of the road at these times.

You very well could have the road almost all to yourself if you run or bike very early in the morning, about an hour before sunrise and finish before most people are off to work or school at 7:30 to 8:00 a.m. This also happens to be the best time for a workout as it is nice and cool and the pollution has had all night to settle. It’s really not that dark an hour before sunrise and you can be done and safely home in a less than an hour or two.

Just remember that even when you do reschedule your workouts to the early morning hours, it still just as important to continue to wear bright clothing, use lights, reflectors and a bicycle helmet.

As a runner or bicyclist you have as much right to use the road as anyone, but that will be little consolation to your loved ones if you are killed by a distracted driver during peak traffic hours. You need to ask yourself if it is really worth it.

Ask yourself if it is worth risking your life because you did not want to get up a couple of hours earlier. If you have not already done so, consider changing your running or workout schedule to the early morning hours. It’s a great way to start and hopefully finish your day.

West Virginia Bike & Pedestrian Accident Claims

At Adams Legal Group PLLC, we find that the majority of bike and pedestrian accidents are due to the negligence of the automobile driver. Drivers fail to notice cyclists and subsequently collide with them when they make turns, change lanes, or open the door of their parked vehicle in the path of an oncoming bike.

Driver negligence is often due to the driver engaging in distracted driving behaviors such as sending or reading text messages, talking on their phone, or other activities.

A bicycle and pedestrian accident attorney in Morgantown, WV from Adams Legal Group PLLC can assist victims of bike and pedestrian accidents with filing a claim against the at-fault driver and pursue damages for the following losses:

• All past, current, and future medical expenses for treatment of injuries;
• Any wages lost from being unable to work while recovering, as well as any future income if the victim is unable to return to their former position or if their injuries leave them unable to work at all;
• Any rehabilitation expenses, including occupational, physical, and vocational rehabilitation.
• Costs of long-term medical and/or daily care if the injuries have caused permanent disabilities; and
• Pain and suffering.

Bike and Pedestrian Accidents Leading To Wrongful Death

Sadly, too many bike and pedestrian accident victims do not survive their injuries and their loved ones are left to grieve their loss. The victim’s family not only suffers the emotional loss of their family member, but they are often left with overwhelming financial burdens the victim’s needless death causes.

In these situations, a bicycle and pedestrian accident attorney in Morgantown, WV from Adams Legal Group PLLC can file a wrongful death claim against the at-fault driver on behalf of the victim’s survivors. Depending on the situation, damages in a wrongful death claim (what is a wrongful death claim?) can include:

• All medical expenses accrued in trying to save the victim’s life;
• Funeral and burial costs;
• Loss of income and future financial support the victim would have provided if they had survived;
• Loss of future benefits, such as health insurance and retirement benefits, the victim would have provided if they had survived;
• Emotional anguish survivors are suffering due to the victim’s death;
• Loss of companionship the victim provided; and
• Loss of guidance, care, and protection the victim provided.

What Is The Statute Of Limitations – How Long Do You Have To File A Claim In West Virginia?

West Virginia has placed statute of limitations on both personal injury and wrongful death claims, which in most cases is 2 years from the date of the incident that caused your injuries or the death of your loved one. It is critical to file your claim within that time frame because once it expires you will not be able to pursue compensation. The limitation of two years on personal injury actions is encoded in West Virginia law at §55-2-12(b).

If you would like to find out more information, contact a bicycle accident attorney Morgantown, WV turns to from Adams Legal Group PLLC for a free case evaluation.