Section 5 - RESPONSIBILITY AND SAFETY Whose responsibility is it? No one likes making mistakes, especially if there is damage to property or injuries to people. It is common to blame "the other guy." Yet sometimes drivers really do not know whose responsibility it is in certain situations. Each participant in the traffic picture, whether it be a pedestrian, a motorcyclist, a bicyclist, or a driver, has his or her own responsibilities. But the real answer to "who is responsible?" is that the person who does not want to be in an accident is the one who is responsible. If someone else is being irresponsible and you can exercise responsibility for him and keep both of you out of an accident, do it. THE RESPONSIBILITY OF PEDESTRIANS Pedestrian safety is the responsibility of both the driver and the pedestrian. The following section describes the responsibilities of the pedestrian. When you are walking, it is always in your best interest to obey the rules. However, drivers must remember that this is what pedestrians are supposed to do; it isn't necessarily what they will do. If everyone followed the rules, there would be fewer accidents. Because they do not, drivers must be alert and not make the assumption that the pedestrian will do what he is supposed to do. Each of these rules is basic common sense and may seem unnecessary to define, yet one out of every nine fatal accident victims in Virginia is a pedestrian. Yielding right of way: When crossing on a roadway where there are no intersections or marked crosswalks, the pedestrian must yield right-of-way to vehicles. Leaving the curb: Pedestrians must not suddenly leave the curb or other roadside area and step into the pathway of a vehicle close enough to present a hazard. Even though the law says that any driver must take care for the safety of a pedestrian, the pedestrian must not step into a vehicle's path even if he or she is stepping into a crosswalk. If the vehicle cannot stop in time, the fact that the pedestrian was in the right is not going to console his bereaved relatives. Walking or jogging without sidewalks: When walking or jogging on a roadway where there are no sidewalks, the pedestrian must move in a direction facing traffic. This is to increase visibility for both pedestrian and driver. DMV Image Crossing between controlled intersections: Pedestrians may not cross between intersections where a traffic signal or police officer controls traffic. They must use the crosswalks at the intersection. Obey traffic signals: When a traffic signal shows the words "Walk" or "Don't Walk" (also shown as a "White Walker" or "Upraised Red Hand" signal), the pedestrian must obey the signs. The signs are not just suggestions; they are the law. Yielding right-of-way: When a traffic signal changes to green, or walk for the pedestrian, he or she must look left and right, then yield the right-of-way to any vehicle that was in the intersection before the signal changed. Going part-way: If the signal changes to "Don't Walk" or an "Upraised Red Hand" after the pedestrian has gone part-way across a divided street, he or she must go to a safety zone or pedestrian island and wait there until the signal once again indicates "Walk." Uncontrolled intersections: At an intersection where traffic is not controlled by signals, drivers are required to yield the right-of-way to pedestrians within any crosswalks, marked or unmarked, but the pedestrian must give the driver a chance to yield to him or her. Stopping traffic: A pedestrian must not stop or delay traffic unnecessarily while crossing a street. Pedestrians on highways or freeways: Pedestrians are not permitted to walk or jog on any toll bridge, highway, highway crossing, or freeway unless there is a sidewalk more than three feet wide and signs stating that pedestrians are permitted to use it. Drivers and Pedestrians Drivers may not run over pedestrians just because they are not "walking" by the rules. Seem ridiculous to say? Well, you should hear how some drivers defend hitting a pedestrian: "He shouldn't have been in the middle of the street." It is as if they believe that when the pedestrian is breaking the law, it is okay to hit him. Well, it's not. At intersections where streets join at approximate right angles, pedestrians have the right-of-way whether or not the crosswalks are marked by painted white lines. For the safety of anyone crossing the street, STOP, regardless of whether or not the pedestrian is following the rules. DMV Image Drivers must give the right-of-way to any pedestrians using a guide dog or carrying a white cane, no matter where they decide to cross the street. Only blind or legally (nearly) blind persons are allowed to carry a white cane. THE RESPONSIBILITY OF BICYCLISTS Bicycles are returning to popularity as a means of transportation, probably largely due to fitness implications. In fact, in places, such as China, economic motivation causes bicycles to vastly outnumber motor vehicles. Bicyclists are legally bound to follow the same rules as drivers of motor vehicles. Bicyclists must stop at stop signs and obey traffic signals, signs, or speed laws. Serial Numbers: All new bicycles must have serial numbers stamped on their frames. This number should be recorded and kept in a safe place in the owner's home for use in reporting a stolen bicycle to police. Bicycles are not usually registered with the DMV, but local authorities may require them to be. If they do so, it is because this registration is helpful in identifying a stolen bicycle and returning it to its owner. Your local DMV will have additional information whether registration is necessary or available in your area. Visibility: Because bicycles are smaller than motor vehicles, they may not be seen by motor vehicle drivers. Bicyclists should always wear bright, highly visible clothing - no matter what the weather conditions. Bicycle size: A bicycle should "fit the rider," and its frame should not be so small that it cannot be handled with ease and safety. On the other hand, it should not be so big that the rider cannot stop it. A bicycle rider must be able to support his or her bicycle with at least one foot on the ground while stopped and then be able to start again safely. Brakes: A bicycle must have a brake capable of making at least one wheel skid on dry, clean pavement. Lights and reflectors: Every bicycle or moped when in use between sunset and sunrise must be equipped with a white light on the front which is visible in clear weather from a distance of at least 500 feet and a red reflector on the rear. The reflector must be visible in clear weather from 50 to 300 feet directly in front of lawful high beams of headlights on a motor vehicle. Helmets: In Virginia, local cities, counties or towns may by ordinance provide that every person fourteen years or younger must wear a protective helmet that meets American National Standards Institute or the Snell Memorial Foundation standards whenever riding or being carried on a bicycle on any highway, sidewalk, or public bicycle path. Bicyclists' Responsibilities A bicyclist is obligated to follow the same traffic laws as the driver of a motor vehicle. In addition, there are some common sense responsibilities to ensure added safety for the bicycle rider. Accidents can be avoided if bicycle riders alert other drivers to their plans and make sure they receive back some sign of visual comprehension. The responsibilities required of a bicyclist are necessary to protect both motorists and bicyclists. Motorists have a right to expect certain riding behavior from a bicyclist. Expecting this behavior allows them to adjust their driving to the bicyclist, thus ensuring the safety of both. These are the responsibilities of bicyclists: DMV Image Riding with traffic: A bicyclist should ride in the same direction as the flow of traffic. Only a pedestrian should walk facing traffic. Riding in a straight line: Except when it is necessary to make a turn, avoid hitting someone or something, or drive over water drains, railroad tracks, holes, or other hazards, a bicyclist should always ride in a straight line. DMV Image Giving hand signals: Bicyclists are required to signal their intent to turn just as any motorist is required to do. Because a bicycle is not equipped with electronic turning signals, bicyclists should use the same standard hand signals used by motor vehicles. Left Turn Right Turn Stopping Carrying objects: No person operating a bicycle or moped on a highway may carry any package, bundle, or article which prevents the driver from keeping at least one hand on the handlebars. "No hands" riding is extremely dangerous. Riding near the curb: A bicyclist should ride as near to the curb as is safely practical. On one-way streets with two or more lanes, the bicyclist must ride near the curb or edge of the street on either the left or right side. Passing parked vehicles: When passing a parked vehicle, bicyclists should look through the vehicle's window to see if a passenger is preparing to open the door and get out. When in doubt, bicyclists should exercise caution and assume that someone will open the door. If it is safe to do so, bicycle riders should move out into traffic to maneuver around the door. When it is unsafe, they should slow down enough to easily stop before hitting the open door. Riding between lanes: Bicycles are not allowed to travel between two lanes of traffic that are moving in the same directions except when one lane is a separate turn lane or a mandatory turn lane. Using bicycle lanes: A bicyclist should use bicycle lanes when available. Leaving marked bicycle lanes is permissible if the rider can do so safely under these conditions: a) when overtaking or passing another bicycle, vehicle, pedestrian, or jogger; b) when preparing to make a left turn at an intersection or driveway; or c) when avoiding debris or other hazard. DMV Image "Hitchhikers" forbidden: A bicyclist should not "hitch" a ride by holding onto or attaching the bicycle to any other vehicle. Riding on freeways or highways: A bicyclist should not ride on freeways that have signs stating that bicyclists are not allowed. Drivers and Bicyclists Some drivers are not enthusiastic about the increase of bicycles on the road. They see bicyclists basically as obnoxious irritants sharing the road merely to cause problems for drivers. But bicyclists have all the same legal rights to the roadway as drivers of motor vehicles and must be treated by motorists the same as they treat other drivers. Bicyclists will normally ride near the right hand curb or edge of the roadway. They can, however, legally move into the left lane or left turn only lane to turn left, pass another vehicle or bicycle, or avoid such things as debris, pot holes, or parked cars. Sometimes, a bicyclist may have to swerve to avoid a suddenly opened vehicle door. Drivers must expect and stay alert to any of these movements by bicyclists. On one-way streets, bicyclists can travel in the left-hand lane. When the lane is too narrow to pass a cyclist safely, drivers must wait until the next lane is clear and then give the bicycle the same buffer area they would any other-slow moving vehicle. When drivers are stopped at a curb, they must not open a door on the traffic side without first looking for bicycles and motorcycles. If drivers are at the curb and open their door into the path of another vehicle, the driver of the vehicle hitting them is at fault. If a driver opens the door of his vehicle into the path of a bicyclist and the bicyclist hits his vehicle, the vehicle driver will usually be found to be at fault. Drivers must be especially alert and careful when near a bicyclist. What would turn into a mere "fender-bender" between two motor vehicles could easily fatally injure a bicyclist. For this reason, a driver of a motor vehicle must leave ample safe passing room and must not turn so close to a bicyclist as to put him or her in danger of being hit. THE RESPONSIBILITY OF MOTORCYCLISTS A motorcyclist has as much right to use the road as any other type of road-legal vehicle. Many types of vehicles share Virginia's roads and highways, and each presents special operating challenges and responsibilities. However, motorcyclists face even more unusual dangers because they are hard to see and require skillful handling. Motorcyclists must always remember the dangers they face from unaware drivers. They must ride their cycles using common sense and not tempt danger. If they do not avoid it, they may never survive to tempt it, again. Standard vehicle drivers can help. They should use extreme caution when entering a major thoroughfare from any side street, driveway, or parking lot, or when changing to another lane. The motorcyclist's smaller size allows him to tuck into a driver's blind spots. Combine this with the fact that the average driver is not looking for a motorcyclist, and it has to equal danger. In addition to looking in the mirrors, if a driver makes a visual check when moving left or right, it can help prevent a tragic and avoidable mistake. The safety of motorcyclists is an important concern, and accidents involving motorcyclists can be reduced if both motorcyclists and other drivers take precautions. DMV Image Maneuvering One demanding situation a cyclist faces regularly is turning. To maintain lane position and to remain with the traffic flow, he must: * Reduce speed before entering a turn. * Accelerate through and out of the turn. * Lean his body and motorcycle into the turn. The faster the speed, the greater the angle of lean that will be required. Recognize that at slower speeds, turns are, instead, a matter of steering rather than leaning. When following a motorcyclist through a turn, a smart driver will drop back and give the cyclist enough room to allow for unexpected shifts in lane position, sudden slowing or acceleration, or crashing down on the pavement. Regardless of the skill of the motorcyclist, smart driving demands allowing room for error and keeping a buffer zone of safety between you and the cyclist. Visibility It would be hard to miss this big group of motorcyclists! But, keep in mind one motorcyclist alone will not be as visible. . Please note: We suggest keeping both hands on the handlebars at all times. More than anyone, motorcyclists should ride with the assumption that they are invisible to other drivers. When the mind is accustomed to seeing a certain size and type of vehicle, it discounts anything not fitting the category. It is as simple as this: Some drivers do not see motorcyclists because they are not expecting to see them. A motorcyclist can help protect himself with the following simple precautions: * Ride with his headlight on at all times. * Wear bright-colored clothing. * Liberally plaster his motorcycle and helmet with reflecting tape. * Stay in the left third of the lane most of the time so that the driver ahead can see you when looking in his rear view mirror. Signaling Although most new motorcycle models are now equipped with electric turn indicators, the cyclists' signals often are not seen, mainly because the cycle is relatively small and the turn signals are low and close together. The motorcyclist should encourage tailgaters to maintain proper distance by signaling them to back off or letting them pass. To help the driver "see you signal," do the following: * Activate turn signals at least 100 feet before reaching an intended turn. * Use hand signals as well as electric turn indicators. * Make a visual check with each mirror before attempting to turn. Being familiar with motorcycle-riding techniques can help a driver of a motor vehicle anticipate motorcyclists' next maneuvers. The driver should watch them in traffic and note how they signal, the lane position they use, and their speed changes just prior to performing a maneuver. It is the driver's responsibility to give proper signals and maintain a safe distance between his vehicle and the motorcycle. A driver should be especially alert for motorcycles when making left turns across traffic. Passing The motorcycle should pass and be passed as any other vehicle is. To help ensure this, the cyclist should ride in the left third of the lane. This discourages drivers from trying to pass without changing lanes. It also gives a motorcycle the best chance of good traction because it is the area least affected by rutting, grease, and oil. When passing, the motorcycle rider should be sure to signal properly, to pass as wide to the left as an automobile would, and to return to the lane well ahead of the vehicle passed. The rider should be particularly cautious while passing in a motorist's blind spot. Automobile drivers should maintain the same passing margin and distance for motorcycles as they would for any other vehicle. They should also avoid crowding the cyclist in passing or returning to their lane. The old rule of returning to your lane only when a passed vehicle's left headlight can be seen in the rear view mirror works just as well with a motorcycle's headlight. Intersections Most vehicle accidents occur at intersections, and motorcycles are no exception. It is at intersections that traffic is interrupted, and the motorcycle's low visual profile can prove to be the most dangerous. Motorcyclists cannot assume that they have been seen as they approach an intersection, so they should slow down well before reaching it. It is amazing how many accidents occur when automobiles or trucks plow into motorcycles from the rear while the motorcycle is waiting at a traffic light. Remember, motorcyclists, like any drivers, should assume that they are invisible. To protect themselves, cyclists should keep a light pressure on the brake. It should be just enough pressure to activate the rear light. Cyclists should always remember to make themselves visible. They should wear bright, easy-to-see clothing that utilizes reflective material. Inclement Weather Rain, sleet, snow, and ice are problems for any operator of a motor vehicle. They are doubly dangerous for a motorcyclist. Motorcyclists must adjust their driving to the weather, but they must also adjust to the danger from automobile and truck drivers who have less control over their vehicles than they would have in good weather. Stopping distances are increased and braking more hazardous with increased potential for skids for both motorcyclists and drivers of autos and trucks. The single best adjustment any motorist can make in bad weather is to SLOW DOWN. Motorcycle skids arrive unannounced and can be fatal. One important additional aid is for motorcyclists to increase the following distance between them and vehicles in front of them. This can help to avoid any "rooster tail" of water thrown up by the rear tires. This unwanted shower can blind a rider and multiply the dangers of riding in bad weather. When the weather is bad, a rider should dress for the part. Wearing warm, waterproof, comfortable clothing makes sense on more than just one level. Aside from its inherent common sense logic, wearing clothing suited to the weather allows cyclists to concentrate more fully on riding the motorcycle safely and lessen their discomfort. In fact, in really bad weather, cyclists should pull over and wait for an improvement in the weather. If they do, their survival potential will increase dramatically. A second consideration in clothing choices is to wear bright clothing. If riders are hard to see in good weather, think how much harder they would be to see in bad weather. Automobile and truck drivers can help improve the safety of motorcycle riders by recognizing the special dangers specific to motorcyclists and adjust their driving habits when near riders. Helmets, Again What a nuisance! Putting on a helmet just to take a little ride. However, it will be much more of a nuisance if you or a loved one dies from a brain injury. Or some might say, maybe even worse, live as a vegetable. Yet, this is what can happen and does happen in motorcycle accidents when people do not wear helmets. Without the protection a steel frame gives, riders are completely vulnerable in accidents on a motorcycle. Common sense dictates that a person wear protection. Aware that not everyone uses common sense, Virginia Vehicle Code requires anyone riding a motorcycle, whether it be driver or passenger, to wear a safety-approved helmet.