The Maine Supreme Judicial Court recently affirmed a judgment favoring a bicyclist struck and run over by a bus driver, dismissing defendant’s argument that the cyclist’s own actions prevented her from obtaining compensation.
At issue in Semian v. Ledgemere Transportation, Inc. was 29 – A M.R.S. § 2070 (6). This statute allows that a bicyclist may pass a vehicle on the right in certain situations, but does so “at their own risk.”
Because of this provision, defendant bus company argued it could not be held liable for injuries sustained to a bicyclist who was attempting to pass on the right.