Originally Posted by 4ster
You're kidding? right!
I understand self preservation & all but that is not even a bike lane as far as I can tell... It is the shoulder. Do you have any idea what kind of crud, junk & obstacles are on the shoulder of a road like that. The biker has every right to ride IN the traffic lane, it is the responsibility of the driver to pass the bike as if he was passing a car, turn indicators, safe lane changes etc.
The fact that some of the posters on here think that is acceptable or normal to have momentary lapses while operating a motor vehicle is worrisome to me .
Again, not really being able to tell from the video; but by choosing the left side of the hard shoulder, as opposed to the right side of the actual road, or the right side of the hard shoulder, he was increasing his risk, not decreasing it. Sorry to point all this out in light of his injury, but we live and learn. Maybe his contributing factor was riding on a road with no safe lane options for cyclists?
This discussion becomes incredibly complicated because there are no universal rules for bicycle use in the US. Each state had it's own set of regulations as to how and where you can ride. Four states have a mandatory shoulder use rules, whilst most states expect use of the roadway with restrictions as to lane use (far right) and to slow moving vehicles and impeding traffic. The majority of states treat cyclists as motor vehicles, unless you get off to push, then you are treated as a pedestrian.
Here is a link to the endless variations in law.
The basic constant is that the cyclist has the right to establish a lane of travel, with regard to other users of the road. The general rule is that the cyclist is to stay to the right of the lane. We have to remember that the hard shoulder is primarily there for emergency use and not for travel. It is in fact often a safety outlet for obstructions in your lane of travel. I don't think this was the case in the video, but the truck could have easily been forced onto the hard shoulder by oncoming traffic.
Being right or wrong becomes moot once you are hit. My rule of riding is self preservation.