Missouri Safe Passing law results in settlement in bicyclist injury case

Ever wonder if the legislative agenda and work with the Missouri legislature your membership and support make possible, make any difference in the real world?

Thanks to the work of a bicycle-friendly attorney and the "safe passing of bicyclists" law passed at the urging of the Missouri Bicycle Federation four years ago, a bicyclist received a significant settlement in a recent injury case.

Lawyer Benjamin Sansone writes:

Under Missouri law, a driver overtaking a bicycle must maintain a safe distance. In this case the negligent driver failed to maintain a safe distance and caused a collision.

Missouri State Statute § 304.678 reads as follows:

Distance to be maintained when overtaking a bicycle.

Missouri Bike Statute 304.678. The operator of a motor vehicle overtaking a bicycle proceeding in the same direction on the roadway, as defined in section 300.010, RSMo, shall leave a safe distance when passing the bicycle, and shall maintain clearance until safely past the overtaken bicycle.

Under Missouri law bicyclists are to be treated as other vehicles; for instance, under Missouri law a vehicle is not to cut a bicyclist off, pass a bicyclist unsafely, or pull out in front of a bicyclist.

Clearly, in this situation the negligent driver at best misjudged the speed the Missouri bike accident victim was traveling and not only attempted to pass him, but also made a right hand turn in front of him cutting him off and causing the crash.

In addition to the safe passing law, passed in 2005, MoBikeFed was responsible for cleaning up and updating Missouri's overall bicycling laws in 1995.

The result is Mr. Sansone's conclusion above: "Under Missouri law bicyclists are to be treated as other vehicles" and Missouri's rating by the League of American Bicyclists (PDF file) as having the 6th best bicycle-related legislation of the 50 states.

All this has happened because of long-term support by members of the Missouri Bicycle Federation.