Right of Way at Intersections

Question

Mike asked:  On a bike trail intersection with a (marked crosswalk} plus a small stop sign for the trail users and a full size stop sign for the road users, is the trail user {cyclist} required to stop for the road user. This is confusing to me because of the crosswalk and the small stop sign together.

Answer

Both drivers must stop as the signs indicate.  This is an intersection, and right of way is controlled by the time of arrival at the intersection.  A driver must yield to a vehicle that is already in the intersection, or must yield to the driver on the right if both arrive at the same time.

s. 316.121Vehicles Approaching or Entering Intersections

(1) The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway.

(2) When two vehicles enter an intersection from different highways at the same time the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

s. 316.123Vehicle Entering Stop or Yield Intersection

(1) The right-of-way at an intersection may be indicated by stop signs or yield signs. (2)(a) …. every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. After having stopped, the driver shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on said highway as to constitute an immediate hazard during the time when the driver is moving across or within the intersection.

Bicyclists have the same rights and duties as pedestrians when in a crosswalk.

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.

If the bicyclist (Pedestrian) has entered the crosswalk prior to the arrival of the other vehicle, the bicyclist (Pedestrian) has the right-of-way and the other driver must yield.

s. 316.130Pedestrians; Traffic Regulations

(b) The driver of a vehicle at any crosswalk where signage so indicates shall stop and remain stopped to allow a pedestrian (Bicyclist) to cross a roadway when the pedestrian (Bicyclist) 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 (Bicyclist) is approaching so closely from the opposite half of the roadway as to be in danger.

Posted in Ask Geo, Stop Signs & Red Lights Tagged with: ,

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