Florida law is pretty clear that a driver of a car has the greatest responsibility to make sure to take every reasonable precaution that they don’t hurt someone. The car is a threat to the cyclist. The cyclist is not a threat to the car.
In most situations when a car makes a right turn at an intersection or into a driveway or even into a parking lot, I’m going to be arguing that the driver is at fault. But there are some things that we as cyclists can do to sort of stay out of harms way because we don’t want to be in that situation.
1) Many times cyclists, even if you're riding in the line of traffic with a car, they may make eye contact or think they’ve made eye contact with the driver. Never assume you’ve made eye contact with the driver even if you think they’ve looked at you.
2) When you’re riding alongside a line of cars that are going in your direction, you never want to be beside a car or right in front of a car as they get to an intersection where they can turn because they may have not seen you.
3) The same thing applies when you go to an intersection and you stop. Don’t stop alongside a car. You want to stop slightly behind them, so that if they suddenly make a right turn, you’re not going to be in their path.
4) Also remember that a car can be driving along and all of the sudden veer off the road to pull into a parking place. Cars generally aren’t watching for cyclists.
We need to do our part to stay out of harms way but remember I’m going to be arguing, if it’s my client, that the driver has the responsibility to avoid the cyclist because that’s where the danger is.
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