Cyclist at fault for not taking the lane

Addendum: PLEASE CONTACT US IF YOU WERE IN A BIKE CRASH WITH AN UNJUST OUTCOME. WE CAN"T CHANGE THE LAWS IF WE DON'T HAVE EXAMPLES HOW THE CURRENT LAWS ARE NOT WORKING. THANKS.

The following is from "Sharing the Streets: Bike Safety" a Washington Post Discussion:
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Baltimore, Md: My boyfriend was recently side swiped by a car on Charles Street in Baltimore. (He is okay.) He was riding with traffic on a one way road with parked cars on both sides. He exchanged info with the driver only to discover that her insurance would not accept fault because he was riding closer to the parked cars and not "in the lane." Can you offer any advice?

Eric Gilliland: I'd consult the MD traffic code and consult with a lawyer. In all cases involving a crash between a driver and a cyclist we recommend reporting it to the police. Without a ticket, blame cannot be assigned and it makes recovering any damages nearly impossible. Whether the police will make a proper call on the crash is another story. <a href="http://www.washingtonpost.com/wp-dyn/content/discussion/2008/07/23/DI2008072302245.html">http://www.washingtonpost.com/wp-dyn/content/discussion/2008/07/23/DI2008072302245.html</a>;

by B' Spokes

Like most people I live a hectic life and who has the time for much exercise? Thanks to xtracycle now I do. By using my bike for daily activities I can get things done and get an hour plus work out in 15 minutes extra of my time, not a bad deal and beats taking the extra time going to the gym. In case you are still having trouble being motivated; the National Center of Disease Control says that inactivity is the #2 killer in the United States just behind smoking. ( http://www.cdc.gov/nccdphp/bb_nutrition/ ) Get out there and start living life! I can carry home a full shopping cart of groceries, car pool two kids or just get lost in the great outdoors camping for a week. Well I got go, another outing this weekend.
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The Maryland traffic code (from my recall and not pulling it up) requires a cyclist ride as far to the right as is "practicable and safe" with exceptions, such as making a left turn. Where this is within the lane is a judgment call on the part of the rider and in the event of an accident and subsequent trial, the judgment of the judge or jury. Because Maryland is a contributory negligence state (any negligence on the part of the injured party prevents recovery), most insurance companies will deny liability in any matter that is not very clearly the fault of their insured. In this situation, if the cyclist had been out in the lane, they would have denied liability because he or she was not far enough to the right of the lane. Just because they don't accept liability and pay the claim, there is an excellent chance the rider will succeed in a District Court suit. If there are no significant injuries, the Small Claims procedure can be used. The clerk's in the District Court are usually helpful in the filing process and the court costs are reasonable. An attorney is not necessary, but recommended if there are serious injuries. -GLP