Natalie asked: If a cyclist is riding their bike down a sidewalk and crosses
a side street are they considered to have the same rights as motorists or as
A cyclist was possibly hit while crossing a side street coming off the sidewalk? The cyclist was on their phone talking to someone. The motorist was at a complete stop and went to let go of the brake. Motorist did not put foot on gas before they heard the cyclist saying stop. The cyclist fell down. The motorist is unsure if the cyclist was lightly struck by their vehicle or if they cyclist swerved. The cyclist admitted to the cop that they did not stop before crossing or made sure the motorist saw them. No fault was mentioned on the crash report. The cyclist filed a claim against the motorist car insurance company. Who would be at fault? What should the motorist do?
Bicyclists on the sidewalk or in a crosswalk have the same rights and duties as pedestrians.
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.
A crosswalk may be either marked or unmarked.
s. 316.003 – Definitions
(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, measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway.
A bicyclist is not required to stop before entering a crosswalk from a sidewalk. The cyclist (having the same rights and duties as a pedestrian) may not leave a place of safety in circumstances placing the cyclist in danger.
s. 316.130 – Pedestrians; Traffic Regulations
(8) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.
On this site we do not give legal advice or assign fault. Fault for incidents is determined by law enforcement and the courts.