Car Stopped on Sidewalk Area
Question
Joseph asked: A car has pulled over a sidewalk, after checking the sidewalk for pedestrians and cyclists, to wait for an opening to make a right turn. While waiting a bicycle approaches from the right. Should the cyclist wait for the car to turn, or go around the front or back of the car?
Answer
The vehicle should not be there since drivers in that situation are required to stay out of the crosswalk area and behind the stop bar, if present, until it is clear to proceed, and yield to pedestrians or bicyclists on the sidewalk and crosswalk.
s. 316.123 – Vehicle Entering Stop or Yield Intersection
(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.
s. 316.075 – Traffic Control Signal Devices
(c) Steady red indication
1. Vehicular traffic facing a steady red signal shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until a green indication is shown; however:
2. The driver of a vehicle which is stopped 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 in obedience to a steady red signal may make a right turn, but shall yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal at the intersection ….
The laws are not specific enough to determine the best course of action. The safety the cyclist is of primary concern. Keep in mind that if you go in front of the car, the driver is probably looking for oncoming traffic from the left and may not see you. If you go behind the car, other drivers turning into that roadway may not see you in time to avoid an incident.
As a runner who runs a counterclockwise loop on local sidewalks, I’m certainly familiar with this situation. I think Joseph is referring to drivers emerging from commercial or institutional (school, library, clinic, church, government office, etc.) driveways, who are waiting to turn onto the roadway. Many driveways do have stop signs, but many do not. Very few driveways are controlled by traffic signals.
Per s. 316.125, a driver is supposed to stop before crossing the sidewalk:
“The driver of a vehicle emerging from an alley, building, private road or driveway within a business or residence district shall stop the vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across the alley, building entrance, road or driveway…and shall yield to all vehicles and pedestrians which are so close thereto as to constitute an immediate hazard.”
In practice, although a few drivers will glance to their right, notice me approaching and wait for me to pass, most have already pulled up to the edge of the roadway by the time I arrive, blocking the sidewalk (except where the sidewalk or sidewalk area is set a car-length back from the roadway). They probably want to get a better view of traffic and be able to enter the roadway quickly when they see a gap.
Even when drivers leave enough space for me to run in front of them, I never do so unless driver clearly waves me through. Window and windshield tinting often make it hard to see drivers, though, especially under darker conditions. As most drivers are looking left (when I can finally see them), not even glancing in my direction, it’s usually quicker just to run behind the car.
There is a hazard to running (or riding) behind a truck or large car stopped in the sidewalk area of a driveway. Another vehicle that is turning into the driveway at the same moment may be momentarily hidden by the first vehicle. Always check for any incoming vehicle and be prepared to adjust speed and course as necessary to avoid it.
What if there is an obstruction such that vehicles leaving the driveway must pull forward to see if the way is clear?
The law is the same. That requires special caution by both parties. I have heard of cases of legal liability due to an obstruction that obscured visibility and was implicated in a crash, typically overgrown bushes or trees or parked vehicles.