Bicycles in Crosswalks
Frans asked: When crossing the street via a protected pedestrian crossing, while riding on your bike, Do you still have the right-a-way like a pedestrian, or did you loose your rights because you were on your bike? I I know in Holland you loose all your rights, you are suppose to walk! This came up, because my wife panicked and while taking a left turn, did not stop for a cyclist on the protected cross walk (The light was green for the crosswalk). The bicyclist had stopped to ensure cars would stop for her, well you know cars saw it as a sign not to stop. However it also gave me a first hand look into why some motorist do not stop . Anyhow it made me think about the right-a-way question. I normally walk across.
Bicyclists in a crosswalk have the same rights and duties as pedestrians under the same circumstances.
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.
Note the statute says “propelling a vehicle by human power” while in the crosswalk. There is no requirement to stop and dismount unless traffic signs or signals indicate otherwise.
Motorists must yield to pedestrians and bicyclists in the crosswalk unless traffic signs or signals indicate otherwise.
s. 316.130 – Pedestrians; Traffic Regulations
(7)(a) The driver of a vehicle at an intersection that has a traffic control signal in place shall stop before entering the crosswalk and remain stopped to allow a pedestrian, with a permitted signal, to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk and is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
(b) The driver of a vehicle at any crosswalk where signage so indicates shall stop and remain stopped to allow a pedestrian to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk and is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
(c) When traffic control signals are not in place or in operation and there is no signage indicating otherwise, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger. Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.
An interesting portion of the above statutes now resolves a question I had and had been forgetting to research on my own. “Upon the half of the roadway upon which vehicle is traveling…”
I wondered if a pedestrian crossing from the far side meant traffic on “this” side had to stop, and now I see that is not the case.
Don’t ignore this part, “when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger”.
That might be the case if the running pedestrian or a bicyclist, either moving at a speed that might place them in danger in the crosswalk. In an incident involving a fast-moving bicyclist or running pedestrian and a motor vehicle, the speed would be a likely be a factor in determining potential liability.
That’s how I read it too. Perhaps a more intelligently wording would be to replace “so closely” with “so rapidly” but I’m not a lawyer or a politician.
Thanks Fred. It got me thinking also. There was a small “Strip island” in the middle, maybe 3 x 3 feet where the bicyclist stop for her safety. I interpret the above that she is in close vicinity of the next lane / half of the roadway and should be given right-a-way.