Kentucky Supreme Court has struck down a decision blaming a cyclist for being on the road when a passing vehicle hit her. In reaching this decision, the Supreme Court specifically noted that a driver's duty when passing a cyclist such as the plaintiff in this case requires that the driver not pass "unless he can do so without interfering with the safe operation of [the] bicycle, and that if, in fact he did pass [the cyclist] that he not drive to the right until he was reasonably clear of [the cyclist]." "This decision is important because it reaffirms cyclists' right to the roads. As an appellate decision, it is binding precedent for future cases in all of the courts in Kentucky," says League Region 1 Director John S. Allen, who has served as an expert witness in bicycling cases. "And we can expect the decision, as it is by a state Supreme Court, to be cited by other courts in future cases throughout the United States."
The League, with in conjunction with local Kentucky bike clubs, filed an amicus brief in support of the cyclist. To read the entire decision: http://22.214.171.124/Opinions/2004-SC-000131-DG.pdf
A few excerpts: (My comments.)
Info on driver:
Dailey was driving a pick-up truck with an eight-foot bed and camper top that was pulling two flatbed wagons, making the total length of the vehicle approximately forty-eight feet.