Parking on Sidewalk
Question
Jessica asked: I was riding my bike on the sidewalk and a large van was parked illegally blocking my path of the sidewalk. I drove off into the grass to go around the vehicle. The sidewalk and the ground were uneven. When I went to return to the sidewalk from the grass my tires slipped on the sidewalk and I fell and broke my wrist. Is the homeowner at fault for parking illegally and blocking my path causing me to leave the sidewalk?
Answer
You will have to check with an attorney about fault in the incident. On this site, we discuss the laws. In this case, there are two specific statutes that apply.
How did vehicle get on the sidewalk?
s. 316.1995 – Driving upon Sidewalk or Bicycle Path
(1) …. a person may not drive any vehicle other than by human power upon a bicycle path, sidewalk, or sidewalk area ….
Do any of the exceptions apply?
s. 316.1945 – Stopping, Standing, or Parking Prohibited in Specified Places
(1) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall:
(a) Stop, stand, or park a vehicle:
2. On a sidewalk.
Geo,
Thanks for the reply. Sorry I wasn’t more detailed. The van was actually in his driveway but not pulled up all the way. His vehicle was blocking 3/4 of the sidewalk. Was he blocking my right of way or was he parked legally? I though I had the right of way.
Jessica,
That would seem to eliminate the 316.1995 statute quoted. I didn’t include the last part of that statute.
“….except upon a permanent or duly authorized temporary driveway.”
The other statute still seems to be appropriate to your situation. The vehicle was apparently clearly parked on the sidewalk.
Again, you should seek legal counsel to determine your rights and any potential fault.