BIKE: Right turn lane riding again--Georgia news article

[Thorne]

For those interested in the recent and I think ongoing HWY 360 "don't ride in
the right turn lane if traveling forward" debate, following is an article
about confusions that have arisen in Georgia over such things following an
accident some time ago that happened before dawn on a weekeday.  The article I
clipped off the web, but purported to be from the Gwinnett Daily Post sometime
in January this year. The highway mentioned here is represented to be a very
busy four lane divided highway.

It involves a fatal car/bike collision with a cyclist on or near a right turn
only lane.  The driver of the car was not charged but the riding partner of
the cyclist killed was cited, as you can see: 
<start of article>
LAWRENCEVILLE — A confusing aspect of state law governing bicycles on
roadways may have contributed to the death of a bicyclist struck by a car
while pedaling down Peachtree Industrial Boulevard, officials said. 
Controversy over the interpretation of bicycle laws in Georgia has swirled
during the four-month Gwinnett police investigation into the death of
35-year-old Antonio Serrano. The probe was one of the most in-depth that the
Accident Investigation Unit has ever conducted, according to its supervisor,
Sgt. Wayne Thaxton.
 
Authorities Monday announced charges were filed against Serrano’s friend and
cycling partner, Brian Mock, for minor traffic and equipment violations.
 
Police allege Mock was riding too far inside the right through-lane of travel
on Peachtree Industrial Boulevard. That section of the roadway has a right
turn lane about 1,000 feet long — 10 times longer than most turn lanes,
according to Thaxton.

The driver of a 1987 Honda Prelude came up behind Mock, who was about 5 feet
inside the lane, swerved to miss him and then struck Serrano. Serrano was
riding a few feet ahead and to the right of Mock on the edge of the right
through-lane.

Serrano, a father of two who competed in triathlons, died at the scene. Mock
suffered minor injuries. The driver of the Prelude, Luke Nicolosi, was not
injured.

Bicyclists were assuming that the edge of the roadway was the fog line
dividing the right through-lane from the right turn lane, according to Cpl.
Dan Huggins. Police initially said the bicyclists should have been riding next
to the curb in the right turn lane. However, they now acknowledge that the law
could be interpreted both ways.

"The current bicycle laws can be confusing to the riders," Thaxton said. "The
issue needs to be resolved."

Thaxton said he will notify the Georgia Department of Motor Vehicle Safety’s
legislative liaison and the deputy legal counsel for Georgia State Patrol
about the problem. Both agencies would be able to lobby for a change in the
law at the state legislature.
 
Still, Thaxton said the cause of the fatal collision was Mock’s failure to
ride along the edge of the right through- lane. Mock’s presence in the lane
prompted Nicolosi to take evasive action and then collide with Serrano,
Huggins said. Mock also was cited for not having a red reflector on the rear
of his bicycle. No charges have been filed against Nicolosi.
Mock could not be reached for comment on Monday.

Serrano’s brother, Victor Serrano, said his family is ready to move on. He
doesn’t hold any ill will toward Mock for the collision. On the contrary,
Victor Serrano believes Nicolosi should shoulder some of the blame for the
accident.

"I still think he’s partially at fault because I think he was distracted,"
Victor Serrano said. "I think if he would have been paying attention, he could
have avoided it."

Bicycling enthusiasts hope Serrano’s death will cause motorists to pay more
respect to bicyclists and promote a clearer understanding of the law. Dennis
Hoffarth, executive director of the Atlanta Bicycle Campaign said he still has
some questions about why police faulted Mock instead of Nicolosi. In some
circumstances, Hoffarth said his organization advises bicyclists to "take the
lane" and ride in the center to clearly signal to approaching vehicles that
there isn’t enough room to pass. 
"We need to be very careful that they are accurately interpreting the law at
this point," Hoffarth said. "We have asked them for a meeting, and we hope to
meet with them soon about that."

A clarification in Georgia law about where bicycles should ride with respect
to turn lanes would benefit both cyclists and motorists, Hoffarth said. One
Georgia law (O.C.G.A. 40-6-291) states that the rules of the road apply to
bicycles. Another law (O.C.G.A. 40-6-294) states that bicyclists should ride
as close to the right side of the roadway as practical.
<end of article>

While it may be that rear lights/rear reflectors could've saved the cyclist in
this case, it seems to me clear that the car driver should've avoided this
accident and should've been cited.  Assuming the article gives me all the
important information (and who knows?) I don't see how it was other than
negilgent to hit the cyclist in front of and to the right of the one he'd seen
and passed, even if he didn't see the second one in the first place or ever. 
Note that the cyclists' behavior here faulted is the similar to that being
advocated by the police on 360 and the same as I advocate for riders there.  I
don't know how wide the lanes were in the Georgia accident, which affects
where one should position the bike in the lane.  One important difference is
the 1,000 foot length of this particular right turn lane, which we don't see
on 360, hangs the bikes out for a long time, if they are ridden out in the
through lane the entire distance.

Jeff