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Charly Dat asked in SportsCycling · 2 months ago

Do you agree with this terminology (Pedestrians always have the right of way)?

Okay, let’s just say that there are pedestrians on designated bike lanes on the road and 3 or 4 bikes coming from behind them while there are lots of cars driving by as fast as 30 or 40 miles per hour. The pedestrians are causing one cyclist to yield his or her bike in the middle of the road while 3 more bikes are approaching fast. One of the cyclists yields his bike to avoid hitting a pedestrian while avoiding getting hit by a car while other bikes are approaching and are unable to slow down. Pedestrians even use roads to cross streets without even looking out for cars, maybe listening to music, forcing drivers to yield their cars while there are other cars approaching from behind at 35 miles per hour when they’re supposed to look out for cars or use pedestrian crosswalks. Do you agree with this terminology? Pedestrians always have the right of way. Not my claim though, it is also not my terminology either.

9 Answers

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  • 2 months ago

    There seems to be several things going on here. Normally bike lanes are NOT for pedestrians. But they are generally allowed on shoulders. Normally, pedestrians have the right-of-way when in a crosswalk and moving at an appropriate speed perpendicular to the curbs. If they are taking the lane/path incorrectly, you do NOT have the right to hit them. And if you must leave your lane to avoid them, it is your responsibility to do so safely. Your alternative is to stop and stare them down.

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  • Anonymous
    2 months ago

    No, pedestrians do NOT always have the right of way.  They must walk in specified places, just as vehicles must be operated in specified places.  People can't walk on roads & cars can't be driven on sidewalks.     

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  • Carlos
    Lv 4
    2 months ago

    Pedestrians have more right compared to bike and cars because there far more vulnerable from injury and death in cases .

    But full right of way the answer is no 

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  • David
    Lv 6
    2 months ago

    1) no, pedestrians dont’ always have the right of way

    2) even when they do, right of way don’t mean the right of acting like a moron.

    Even If you have the right of way, you still need to give other road users a reasonable chance to react. If another vehicle is too close to where you are going to insert yourself in their path, you can’t simply step out onto a crossing and expect them to sort it all out.

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  • Maia
    Lv 4
    2 months ago

    If the pedestrian is on a cycle way they DO NOT have the right of way, however, on a footpath or on a road which has no pavement then they do have right of way over every motorised vehicle. (UK Law.) However, I walk my dog up a lane with no footpath, I never try to enforce my rights against a car whose driver may not even know the law...

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  • 2 months ago

    Why are the other bikes approaching unable to slow down?  That's the sign of a reckless cyclist or driver.  You should always be prepared to slow down & possibly stop.  

    Let's put this another way.  You're riding down a street in the suburbs.  The speed limit is 25 mph with caution signs in place about children playing.  Suddenly a ball rolls out in the street between 2 parked cars closely followed a kid about 5 years old.  You hit the kid.  Who's at fault?  Chances are, you are!  If you don't anticipate the unexpected, you're not a very attentive cyclist and/or driver.  A judge or court might not find you 100% at fault.  But you would certainly bear part of the blame.  

    Say you live in Chicago, right?  Then I'd suggest you read pages 26 and 27 of the Illinois Drivers Handbook.  Part of it reads that you yield ...

    • When a pedestrian is leaving or entering a street or highway from an alley, building, private road or driveway.

    • When a pedestrian is entering an intersection with a flashing yellow arrow.

    • To a person with disabilities, including physical, hearing and visual disabilities.

    https://www.cyberdriveillinois.com/publications/pd... 

        

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  • 2 months ago

    Not you again... 🙄  Nobody "always" has the right of way.  That's why we have things like crosswalks, stop signs, stop lights, etc.  But you don't seem to get it.  It's NOT who has the 'right of way'.  It's who had the last best chance to avoid or at least mitigate the damages.  

    Just why are these "other bikes are approaching and are unable to slow down."?  Don't they have BRAKES?  Don't the riders have EYES?  As a retired truck driver, there are only two types of wrecks or collisions...'chargeable' and 'non-chargeable'.  A 'non-chargeable' collision is rare...VERY RARE.  A deer darting across a dark highway & slamming into your car or truck is a non-chargeable.  I was asleep one night in the bunk of my truck when another driver backed up into me causing damage to the left/front fender.  That's a non-chargeable.    

    On the other hand...if I'm driving down the road & spot an elderly pedestrian slowly & illegally crossing a quarter mile in front of me & DO NOTHING to avoid hitting them - then I would be 100% responsible for their injuries or death.  TWENTY years I drove trucks - mostly tractor-trailers over-the-road.  NO TICKETS.  NO 'chargeable' WRECKS.  And NEVER placed out-of-service at a weigh scale inspection.  In other words...every time I picked up a different trailer, I made damn sure that trailer was in good working order.  Got the "Million Mile" safety ring to prove it.

    People do stupid stuff all the time, some without realizing it.  It's YOUR JOB to keep your eyes & ears open.  It's NOT who has the "right of way".  It's who had the last option open to avoid the situation - or at least mitigate damages.  Jeez...get it now? 🤔  As stated previously, don't believe me?  Check with an attorney who specializes in injury law.         

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    • Markus Imhof
      Lv 7
      2 months agoReport

      "Broken brakes" and "too expensive to fix" - I'd *love* to hear you bring this up in court. You are responsible for your vehicle's roadworthiness.

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  • 2 months ago

    There is such a thing as hand signals.  If you're in a cycling only lane and you see pedestrians ahead of you then use hand signals to alert cyclist behind you that you're slowing down.  The same principle would apply if there were some large piece of debris blocking the cycling lane.

    No, pedestrians don't always have the Right Of Way.  Pedestrians are expected to obey all traffic laws that apply to them.  As I've already told you once pedestrians aren't allowed to impede traffic.  If sidewalks are available for pedestrians to use then you're within your rights to notify the police that a pedestrian(s) are endangering cyclist and themselves by impeding cycling traffic.

    Source(s): Motorized Bicycle Owner and Builder and Builder.
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  • W
    Lv 4
    2 months ago

    I don't know where you live, but here (Switzerland), pedestrians in crosswalks have the right of way. Outside the crosswalks, you're open game. Bikes generally have the right of way but only if they signal. If not ... they might be ticketed.

    • Charly Dat2 months agoReport

      I live in Chicago and I am the one who asked this question. 

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