Herta asked: If a bicycle is on the sidewalk on a right of way and crosses an intersection with a car coming out of a side street with a stop sign, who goes first, the bicycle or the car coming out of the side street? Does the bicycle have to stop and let the car go by or does the car have to stop and let the bicycle cross the side street?
A bicyclist on the sidewalk has the same rights and duties as a pedestrian.
s. 316.2065 – Bicycle Regulations
(9) 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 at a stop sign must stop and yield to vehicles in or approaching the intersection.
s. 316.123 – Vehicle 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.
Even though the cyclist has the rights and duties of a pedestrian on the sidewalk, a bicycle is still a vehicle.
s. 316.003 – Definitions
(2) Bicycle – Every vehicle propelled solely by human power ….
The highway includes the sidewalk and sidewalk area in addition to the roadway.
(53) Street or Highway
(a) The entire width between the boundary lines of every way or place of whatever nature when any part thereof is open to the use of the public for purposes of vehicular traffic;
Drivers must stop and yield to pedestrians (bicyclists) in a crosswalk.
(a) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway
s. 316.130 – Pedestrians; Traffic Regulations
(b) The driver of a vehicle at any crosswalk where signage so indicates shall stop and remain stopped to allow a pedestrian 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.
(c) When traffic control signals are not in place or in operation and there is no signage indicating otherwise, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian 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 always exercise due care to avoid colliding with a pedestrian or bicyclist.
(15) Notwithstanding other provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle ….