California vehicle code section 21208 provides that a bicycle lane, created on a roadway, shall be occupied by only bicycles, except to the extent that autos need to enter and exit driveways and perform right turns. Cyclists that are using the bicycle lane have a right of way, and are entitled to all the benefits of vehicles occupying a lane. At intersections, autos and trucks are not allowed to enter the bicycle lane until 200 feet from the intersection. Therefore, it is a violation for vehicles to be operating in the bicycle lane to avoid traffic lined up at a traffic signal more than 200 feet from the intersection. Additionally, when turning into a private driveways, vehicles are instructed to slow and as they approach the driveway then move through the bicycle lane and commence a right turn.
Bicycle riders are entitled to use the bicycle lane for their own use. They may pass within the bicycle lane or leave the bicycle lane to pass or perform a left turn. However many cyclists do not realize that when a bicycle lane is present, they must use that lane except when passing or turning left. Also cyclists are required to use hand gestures when leaving a bicycle lane and failing to do so may subject them to liability for an accident. Bicycle lanes are a great way to allow dual use of the rodway and protect riders from serious injury.
If you are the victim of an auto accident by a driver not following the rules of the road pertaining to cycle lanes, please feel free to contact our Orange County bicycle accident attorney. You can help you get the recovery you need for your injuries and damages, and repair or replacement of your bicycle.
