Crosswalks and Turning Vehicles
Debbie asked: I was riding on a sidewalk/bike path. Headed west had green at intersection. A car headed east had a green light and was stopped in left lane, then turned left. I caught her out of the corner of my eye as I entered crosswalk, slammed on the brakes before either she hit me or I hit her. There was no contact with vehicle but I was injured. Who has the right of way? Would her auto insurance cover bills and loss of work?
Bicyclists on the sidewalk have the same rights and duties as pedestrians.
s. 316.2065 – Bicycle Regulations
(10) A person propelling a vehicle by human power upon and along a sidewalk, or across a roadway upon and along a crosswalk, has all the rights and duties applicable to a pedestrian under the same circumstances.
Drivers must yield to bicyclists (Same rights as a pedestrian) in a crosswalk or so close as to be in danger.
s. 316.130 – Pedestrians; Traffic Regulations
(7)(a) The driver of a vehicle at an intersection that has a traffic control signal in place shall stop before entering the crosswalk and remain stopped to allow a pedestrian, with a permitted signal, to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk and is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
Drivers must yield to pedestrians and other vehicles within the intersection.
s. 316.075 – Traffic Control Signal Devices
(1) …. the lights shall indicate and apply to drivers of vehicles and pedestrians as follows:
(a) Green indication
1. Vehicular traffic facing a circular green signal may proceed cautiously straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.
Drivers turning left must yield to other vehicles approaching from the opposite direction. The statute does not say that the vehicle must be in the roadway.
s. 316.122 – Vehicle Turning Left
The driver of a vehicle intending to turn to the left within an intersection …. shall yield the right-of-way to any vehicle approaching from the opposite direction …. which is within the intersection or so close thereto as to constitute an immediate hazard.
To determine fault in this incident, it would be necessary to know the speed of the cyclist and whether the cyclist was (reasonably) so close as to constitute an immediate hazard when the motorist entered the crosswalk.
To determine if the costs incurred will be covered by insurance, you should contact your insurance company and that of the driver. You should provide the information above to your attorney who will be able to assist with insurance information and the determination of fault.