As Los Angeles car accident lawyers, we constantly come across a number of questions about bicyclists' and pedestrians' rights. I came across an interesting article in the Whittier Daily News written by California Highway Patrol Officer, Al Perez, which explains the rights of bicyclists and pedestrians very well.

He describes a situation when he was driving off-duty and came to a stop at a traffic light. He came upon a dad and his young boy who were riding bicycles, but waiting for the pedestrian signal to turn green so they could cross the street. As the light changed to green the child began riding his bike from the sidewalk and into the crosswalk. The child's dad then made some unpleasant gestures to the driver of the car stopped next to the officer because the dad believed that the car was too close to the child crossing in the crosswalk. Meanwhile, the child was in the crosswalk riding his bike and almost got hit by another vehicle attempting to make a right turn in front of the child. Obviously that driver had not seen the child riding his bike in the crosswalk.

Who Has the Right-of-Way?

Officer Perez rightly points out that the dad was at fault her because he was allowing his child to make a serious mistake, which could have ended in a tragic bicycle accident that day. What the father did not realize was that the child on the bicycle did not have the right-of-way in this situation. In fact, the child was in violation of the vehicle code because he was riding against the normal flow of traffic, Perez says.

This is one situation when the child could actually be at fault by using a crosswalk. Why? The child was a bicyclist and not a pedestrian. Under California law, bicyclists are subject to the same rights and responsibilities as the driver of any other vehicle on the roadway. California Vehicle Code Section 21200(a) states: "Every person riding a bicycle has all the rights and is subject to all the provisions applicable to the driver of a vehicle by this division." That said, the vehicle code does not prohibit anyone from riding a bicycle on a sidewalk. But when the child left the sidewalk and entered the crosswalk, he entered "the highway." When he does that, he needs to follow the rules of the road.

Proper Use of the Crosswalk

The easiest for bicyclists to get around this tricky issue is to get off the bicycle and walk across the intersection. This instantly transforms the bicyclist into a pedestrian, giving him the right-of-way afforded by the crosswalk. California Vehicle Code Section 21950 states: “The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection.” The same section also states that the driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk “shall exercise all due care and shall reduce the speed of a vehicle or take any other action relating to the operating of the vehicle as necessary to safeguard the safety of the pedestrian.”

We are not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call a reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free confidential consultation to "not a fault" persons named in this article and their family members.