Bicycling continues to be popular just about everywhere. Whether it is done for sport, as a hobby, for exercise, or as a means of commuting to work, bicycling is popular throughout the United States (54.7 million bicyclists in 2022), especially in the State of Missouri (2 million bicyclists in 2022). Within the Show Me State, Kansas City remains a city that welcomes bicycle enthusiasts and continues to strive for increased bike safety on the roads. Despite this, bicycle accident statistics remain staggeringly high.
According to the United States Department of Transportation:
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There were 1,105 bicyclist fatalities in the United States in 2022, and 46,195 bicyclists injured in bicycle crashes.
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Of the 1,057 total vehicle fatalities in Missouri in 2022, about one percent (1%) were bicyclists.
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Of the ten (10) cyclists who died on Missouri roadways in 2022, four (4) were in the Kansas City District.
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Of the 86 total vehicle fatalities in Kansas City, alone, in 2022, 2.3% (2 fatalities) were cyclists.
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According to one study by the League of American Bicyclists, which ranked the most bicycle-friendly states in five different categories (Infrastructure & Funding, Education & Encouragement, Traffic Laws & Practices, Policies & Programs, and Evaluation & Planning), Missouri ranked 45th out of all 50 states.
In another study by People Powered Movement, a national bicycle advocacy group which ranked cities according to three criterion: safety statistics, bike-friendly ordinances and laws, and the efforts made to encourage more bicycling, Kansas City was determined to be a city that needs improvement in many areas. A recent report on St. Louis and St. Louis County also offers troubling bicycle crash statistics for 2023.
What Missouri Laws Apply to Bicycling?
In recent articles on bicycle laws in Missouri, we have discussed a variety of topics, including:
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Hit and run bike accidents and the penalties for leaving the scene of a bike accident;
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Recovering damages for bicycle accidents.
Because bicycle accidents are often caused by the bicyclist, most of the bicycle laws in Missouri apply to the bicyclist and focus on the rules that someone riding a bicycle must be aware of when riding. This includes laws related to:
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Bicycle safety (hand or mechanical signaling);
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Limitations on riding (sidewalks, crosswalks, roadway shoulders);
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Obeying traffic laws (red lights, passing, turning);
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Required equipment (brakes, lights, reflectors); and
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Insurance liability requirements.
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In fact, Missouri Statute Section 307.188 provides that a bicyclist must obey all the laws and duties that apply to anyone who drives a vehicle on the road.
This article focuses on how bicycle laws in Missouri can apply to motorists—people driving cars, trucks, motorcycles, and other vehicles on the road—who so often are the causes of bike crashes.
What Bicycle Laws in Missouri Apply to Motorists?
Just as there are specific laws in Missouri that apply to bicyclists, Missouri has specific driving laws that apply to motorists. Anyone who has a driver’s license knows that there are laws in every state for:
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Having insurance coverage;
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Drunk driving;
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Speeding;
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Obeying traffic signals;
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Using electronic devices, and more.
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But many drivers don’t know that there are laws in Missouri that specifically deal with motorists and their interactions with bicyclists. Here are some of the Missouri laws that every motorist should be aware of when interacting with bicyclists on the road.
Missouri Statute Section 307.188. Rights and duties of bicycle, electric bicycle, and motorized bicycle riders.
As stated above, this law requires that everyone who rides a bicycle must obey the same traffic laws that everyone who drives a car or other vehicle must obey. But it also provides that everyone who rides a bicycle has the same rights that all motorists have on the road.
This means that all motorists must treat bicyclists with the same duty of care with which they must treat other vehicles on the road. The specific duty of care required to be provided to bicyclists is addressed in the following law.
Missouri Statute Section 304.012. Motorists to exercise highest degree of care--violation, penalty.
This law requires all persons who operate a motor vehicle in Missouri to drive in a “careful and prudent manner and at a rate of speed so as not to endanger the property of another or the life or limb of any person and shall exercise the highest degree of care.”
This means that a motorist may not drive in a way that endangers other drivers or any bicyclist or pedestrian. If a motorist violates this law, they are subject to a Class B misdemeanor, which imposes a maximum of six (6) months in jail and/or a $1,000 fine.
Missouri Statute Section 304.106. Passing regulations--violations, penalties.
This law prohibits any motorist, at any time, from driving on the left side of the road when the vehicle is either:
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Approaching a hill or a curve in the road at which the driver's view is obstructed such that it would be hazardous if another vehicle, including a bicycle, might approach from the opposite direction; or
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Approaching within one hundred feet of any bridge, viaduct, tunnel, intersection, or railroad grade crossing upon which the driver’s view is obstructed.
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This means that it is illegal for a motorist to pass outside of their lane when their view is obstructed because of a hill, curve, or other obstruction and, to do so, the motorist would have to drive into an oncoming lane of traffic or onto the left side of the road. Any motorist who violates this law is subject to a Class C misdemeanor, which imposes a maximum of 15 days in jail and/or a fine of up to $700.
Missouri Statute Section 304.678. Distance to be maintained when overtaking a bicycle--violation, penalty.
This law requires any motorist who passes a bicyclist riding in the same direction on the roadway to:
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Leave a safe distance when passing the bicyclist; and
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Stay clear of the bicyclist until safely in front of the bicyclist.
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This means that even if passing a bicyclist does not cause the motorist to drive into another lane, into oncoming traffic, or onto the left shoulder of the road, the motorist must leave a safe distance when passing the bicyclist and may not return to the right, in front of the bicyclist, until there is sufficient distance to safely do so.
Any person who violates this law is guilty of a driving infraction, which can include a fine or points on their driver’s license. If an accident occurs, the infraction becomes a Class C misdemeanor.
Missouri Statute Section 300.340. Opening and closing vehicle doors.
This law involves “dooring” accidents. It prohibits any person from opening a vehicle door, on either side of the vehicle where there may be moving traffic, when it is not reasonably safe to do so. It also prohibits any person from leaving a vehicle door open, on either side of the vehicle where there may be traffic, for any longer than necessary for a passenger to get in or out of the vehicle.
This means that it is illegal to open a car door without checking to make sure that no other vehicles, including a bicycle, are about to pass the vehicle when it may be hazardous to do so if you were to open your door.
Note that a motorist may violate any of these laws and be subject to criminal penalties, even if no accident occurs. A criminal offense occurs by the motorist simply placing the bicyclist in harm’s way. If a motorist violates any of these laws and an accident occurs in which someone suffers injuries or property damage, the motorist also may be subject to civil liability.
Missouri Motorists May Need a Missouri Bicycle Accident Attorney
If you are in a bicycle accident in Missouri, you need a Missouri bicycle accident attorney. If you are in a vehicle accident in Missouri, you need a Missouri car, truck, or motorcycle accident lawyer. Based on the laws described in this article, you can understand why any motorist driving a vehicle in Missouri may need the advice of an experienced Missouri bicycle accident attorney.
If you or someone you love has been injured in an accident in which a vehicle has struck or endangered a bicyclist—whether you were driving the vehicle or riding the bicycle—call the award-winning bicycle accident attorneys at Foster Wallace, LLC. You may not realize that there are bicycle laws that apply to both motorists and bicyclists that can affect, or even determine, who was at fault and how much compensation may be involved.
The legal team at Foster Wallace, LLC, knows how the Missouri bicycle laws work. We can help you after a bicycle accident and answer all your questions. Call us today at 816-320-6979 for a free consultation.