 My name is Maurice Loridans and I have practiced law in Shreveport-Bossier City Louisiana since 1982. When Katrina and Rita struck our state it was a wake-up call that we can no longer assume that our automobile centered style of life can continue forever without serious consequences to the environment (global warming) and to our security (foreign oil). I began commuting to work by bicycle and severely limiting my use of automobiles as much as I could. Now a tank of gas lasts me several months because I rarely drive. At first I stayed off busy streets as much as I could and rode on sidewalks in the downtown Shreveport area where my office is. That was before I learned the rules. I really enjoyed the regular exercise and I began to feel better and stronger and had better resistance to colds and flu. When friends and relatives gave me rides sometimes I found I really missed my bike ride that day. Not burning the food we eat makes us obese and diabetic. I did legal research and lots of internet research on the rights and duties of cyclists on Louisiana streets, roads and highways and I want to share this information with you. Some of these points may seem unsafe and wrong to you but there are many studies that show that the way the law here is the safest for you and for motorists. YOUR RIGHT TO THE ROAD!!! EVERY PERSON RIDING A BICYCLE UPON A HIGHWAY OF THIS STATE SHALL BE GRANTED ALL OF THE RIGHTS AND SHALL BE SUBJECT TO ALL THE DUTIES APPLICABLE TO THE DRIVER OF A VEHICLE...R.S. 32:194 This means the cyclist is allowed to and is supposed to follow the same “rules of the road” as cars. Particularly they are to obey traffic signs and signals and should never ride on the wrong side of the road or against traffic in a lane or one way street. Our courts have held wrong way riders who are struck by cars entirely at fault! A rule specific for bicycles (and other slow moving vehicles like tractors) is: EVERY PERSON OPERATING A BICYCLE UPON A ROADWAY SHALL RIDE AS NEAR TO THE RIGHT SIDE OF THE ROADWAY AS PRACTICABLE, EXERCISING DUE CARE WHEN PASSING....R.S. 32:197 The idea here is to make it easier for faster traffic to pass on the left. Common courtesy. However, there are several situations when you should not ride as far right as possible and this is why the law uses the term “practicable”. The most common exception to the “ride right” rule is that the lane is not wide enough for cars to safely pass you within the lane. Safe clearance has been ruled to be three feet in some jurisdictions. So, if the lane is narrow you should ride in the middle of the lane so motorists are not tempted to “squeeze by you” in the lane but rather, they should merge over to the next lane to pass you like they would any slower vehicle. Other exceptions to the “ride right” rule are hazards such as pothole, trash, broken glass, unswept shoulders, broken pavement, storm grates. These are things a cyclist can judge much better than motorists. You may need to be further left to pass or to avoid getting “doored” by a parked vehicle. Also, you don’t ride as far right as practicable when the right lane is a “right turn only” lane and you are going on through and intersection. You should stay in the right most through lane. If you want to turn left, use the left lane and swing wide in the turn so motorists can pass as you reach the right side of the roadway you have turned on to. SIDEWALKS Louisiana Law does not prohibit riding on sidewalks. Neither does Bossier City. But Shreveport has an ordinance that says riding bicycles on sidewalks is illegal for everyone in commercial areas and for riders over 15 years old in residential areas. Code 90-434 The reason for this is that motorist are not looking out for hazards on the sidewalks at intersections or backing out of driveways or coming out of parking lots. Also cyclists are a hazard to pedestrians on sidewalks. BIKE PATHS Same rules of the road apply to Bike Paths. Ride right except when passing. Signal or call out to pedestrians you are about to pass. Yield to pedestrians on sidewalks or crosswalks and to motorists at intersections with bike paths. HELMETS & SAFETY GEAR Helmets are required for children under 12 years old whether they are operating the bike or passengers. While not required, I recommend wearing a bike helmet, a bright colored shirt or safety vest with reflective strips, glasses to keep bugs or dust out of the eyes and a mirror either attached to the handlebar or the glasses. Not having these items should in no way affect liability or the amount of damages if you are injured in an accident but they still improve your odds. LIGHTS When used at night a bicycle must be equipped with a white light on the front visible at least 500 feet to the front and a red reflector on the rear and a reflector on each side facing outward. R.S. 32:329. I recommend a red “blinkie light” for the rear when night riding. HAND SIGNALS Turn signals are by hand for bikes. The arm should be stretched in the direction of the turn but when you begin to turn use both hands on the handlebar. INTERSTATE HIGHWAY The use of any Louisiana interstate highway by bicycles is not allowed. R.S. 32:263 TWO ABREAST Cyclists are permitted to ride two abreast within a lane in Louisiana but no more than two abreast except on dedicated bike paths or lanes (which are not usually wide enough for more than two abreast anyway). R.S. 32:197(B) MISCELLANEOUS LAWS Cyclists are not permitted to carry more persons than the bike was designed or equipped to carry. I would argue that foot pegs on the rear axle would legally carry a passenger. It is illegal to cling to or attach yourself or bike to any vehicle and to ride “no hands.” Whenever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway. R.S. 32:197(C). Many bike paths are not adjacent to a roadway and are not as “usable” in that they have defective pavement, glass, debris etc. making it less useful than the roadway. Also, bike lanes present serious problems at intersections because as you are going through a right turning vehicle can hook you. Also you may need to turn left so you should check to see that the lane is clear and merge to the left before you get to the intersection. INTIMIDATION BY MOTORISTS Some motorists are ignorant of your right to use the road and may yell or honk at you. I do not recommend responding to these because it can escalate into a confrontation and they have several thousand pounds of steel they can hit you with. If you get hit by a car or they throw something at you try to get the license number and note the make, color and model of vehicle and names and addresses of any witnesses for a police report. ATTORNEY ON YOUR SIDE If you get hit by a car or if you just want advice about how to best use your bicycle for transportation needs I will be happy to talk to you. If you have any suggestions for how our community can better serve the transportational cyclist please call me. Thank you for taking time to look at this pamphlet and thank you for bicycling which helps you and the community and environment in so many ways. MAURICE LORIDANS ATTORNEY AT LAW 318 227-2352 |