Bicycles on Sidewalks
I just discovered that the original July 2009 post about bicycles on sidewalks is missing, so it is restated here.
Bicyclists are not required to use sidewalks. They are operating vehicles and have the same rights and duties as other drivers.
s. 316.2065 – Bicycle Regulations
(1) Every person propelling a vehicle by human power has all of the rights and all of the duties applicable to the driver of any other vehicle ….
Bicycles are not prohibited from sidewalks unless a local ordinance exists.
When on sidewalks, bicyclists have the same rights and duties as pedestrians. That does not mean the cyclist is a pedestrian. He/She is still operating a vehicle and must obey any applicable ordinances related to vehicles such as DUI, and lights and helmets when required.
(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.
When on the sidewalk, the cyclist does have other obligations.
(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.
If a person is walking a dog on a leash or pushing a carriage on the sidewalk, and a bicycle approaches, should the person walking have to go onto someone’s lawn to allow the bicycle to go by, or should the bicyclist stop or pull over to yield the right of way?
The pedestrian always has the right of way and bicyclists must yield, stopping if necessary to comply with the law. The law does not address dogs or baby carriages.
” …. shall yield the right-of-way to any pedestrian ….”
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’……..What if I move to his side and hold an elbow up to strike his face??? Hummm I bet a few of you would like to do that as well. In protecting myself from his assault of course!!!
Legal comments please……..