Gary asked: I am a 69 year old jogger, I have been literally assaulted by a certain bicyclist who drives his bicycle straight at me, challenging me, well he wins every time. I really want to not get out of his way one day and face the consequences. Would I have the right to sue? If I survive the incident that is. Strangely enough, the road adjacent the sidewalk has a well marked bike lane with the stenciled marking for ‘Bike Lane’ …. Legal comments please……..
Some of your question was redacted. We don’t condone violent reactions to violators. We recommend advising the local police of your concerns. You should retain legal counsel to discuss potential liability issues. The applicable statute is this.
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.
(10) A person propelling a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian.