Today Kentucky, Tomorrow???

Cyclists Score Important Victory in Kentucky DECEMBER 07, 2005 -- LOUISVILLE, KY (BRAIN)—In an important victory for cyclists everywhere, the Kentucky Supreme Court 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 shall not pass a cyclist such as the plaintiff in this case "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," said League of American Bicyclists 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 local Kentucky bike clubs, filed an amicus brief in support of the cyclist in March.