Riding a bicycle in Nevada, especially on busy Las Vegas streets, can come with significant safety concerns. Motor vehicle drivers have a responsibility to do their part to prevent collisions through efforts such as passing safely. Failing to follow Nevada’s laws for passing bicycles can make a driver responsible for a related bike accident.
What Is the Proper Way to Pass a Bicycle Under Nevada Law?
According to state law (Nevada Revised Statutes § 484B.270), drivers have a specific duty of care to not intentionally interfere with the movement of a person lawfully riding a bicycle, an electric bicycle or an electric scooter. This includes a duty to pass bicycles safely. State law directs motor vehicle drivers to “exercise due care” and take the following measures when overtaking or passing a bicycle:
- Move the vehicle to the next lane to the immediate left of the bicycle, if a lane is available and it is safe to do so.
- Pass to the left of the bicycle at a safe distance that is at least three feet away from any portion of the bicycle if there is only one lane available traveling in the same direction as the bicycle. In this case, the vehicle cannot return to the right side of the road until it is safely clear of the bicycle.
State law allows drivers to pass to the left of the center of a highway or to pass in a no-passing zone if this is necessary to maintain a distance of no less than three feet of following distance from the bike. Three feet is the standard operating distance to give a cyclist enough room to maneuver safely.
Why Is Passing Bicyclists So Dangerous?
The Federal Highway Administration states that nearly one-third of serious and fatal bicycle accidents at non-intersection locations occur when motorists attempt to overtake bicyclists. This is a dangerous maneuver due to the immense size difference of the two vehicles involved, as well as the difference in speed. A driver may underestimate the speed of a bicycle when passing, increasing the odds of a collision. When an accident does occur, a bicyclist can suffer severe injuries. A rear-end collision involving a bike, for instance, could throw the rider from the saddle.
The cyclist may get pulled beneath the tires of the vehicle or another car on the roadway, suffering life-threatening injuries. The lack of protection cyclists have from injury can lead to serious injuries, such as broken bones, concussions and traumatic brain injuries, back injuries, internal injuries, and road rash. It is critical for motorists to obey Nevada’s rules for passing bicyclists to prevent these accidents.
General Duty of Care Owed by Motorists
All motor vehicle operators in the State of Nevada have a duty or responsibility of care to prevent bicycle accidents. NRS § 484B.270(5)(a) states that the driver of a motor vehicle shall exercise due care to avoid a collision with a person riding a bicycle, an electric bicycle or an electric scooter. This general duty of care includes maintaining a safe vehicle speed, keeping a proper lookout for bicycle riders, yielding the right-of-way to cyclists at intersections, maintaining a safe speed, obeying Nevada’s cell phone laws, following traffic signs and signals, and passing safely without endangering cyclists.
When motor vehicle drivers breach or fail to meet their duty of care, they can be held liable for related bicycle accidents that occur while trying to pass in Nevada. This means the driver’s automobile insurance can be used to cover the cyclist’s medical bills, lost wages, property repairs, and more. If you were recently involved in a bicycle accident in Nevada caused by unsafe passing, contact the Las Vegas personal injury attorneys at Koch & Brim, LLP for a free case evaluation to discuss your legal rights.