Does BICYCLE or PEDESTRIAN have RIGHT OF WAY?

[AviatorTom]

While driving to a park today, an interesting situation came up. Along both sides of the road, that leads only to the park so there's not much traffic, there is an unmarked shoulder lane that is used by bicyclists. Since there are no sidewalks, pedestrians also use it to walk to and from the park.

Here's where the situation happened.

A bicyclist was bicycling in the lane in the same direction of traffic, as required by law.

A pedestrian was also walking in the same lane, facing traffic, as they are supposed to.

As they approached each other, they each stopped, trying to figure out what to do. After a few seconds, the pedestrian stepped onto the grass, letting the bicyclist pass.

Question: What should happen in this situation, noting that both are doing the right thing?

What would you do in this situation if you were the bicyclist? the pedestrian?

[RavVid]

This is something I get angry about. Bicyclists behaving badly thinking pedestrians should get out of their way. The more serious bicyclists have an app which records their travel time and they get angry with pedestrians who slow them down and ruin a personal best for them. I consider them dangerous.

In the case you are recounting it seems both the pedestrian and cyclist were polite and considerate of each other and dealt well with the situation. I guess it depends on whether the path is officially a bike path or pedestrian path or some shared use path. I think that says what should happen except for shared use where nothing is defined where I am. Local gov't has just badged pedestrian paths as dual use.

My city has the largest network of trams. I think you might call them street cars. It is light rail traveling on roads. If a tram stops, cars must stop behind the tram for passengers to get on and off safely.

Do bicyclists stop? No. They cycle through without care. I have seen a bicyclist push through maybe 150 passengers alighting. Bicycles are vehicles and must conform to road laws but break them all the time. Anonymously because they don't have rego plates like cars.

You have asked a question which triggers me - sorry for the rant. :)

[OfMiceandMen]

If I am riding my bike on the shoulder of the road, I would check the traffic lane beside me to see if there is any traffic, if not pop-out into that lane as a bike is considered a vehicle under the traffic act. This would allow the pedestrians to stay on the paved road shoulder.

[purplepoppy]

Under a recent uk law change it would be the pedestrian but as we all know cyclists are a law unto themselves. I think you've got to use common sense rather than strict rule of law on the roads. Here's a similar article from today's paper involving a lorry and a bike. https://www.dailymail.co.uk/news/article-13081955/lorry-driver-cyclist-row-blocking-country-lane.html

[AviatorTom]

@purplepoppy That's an interesting video. It doesn't show who eventually reversed. I'm guessing the woman stood her ground.

Several years ago, I was in Hertfordshire (north of London) and used to "love" driving the narrow lanes late at night on my way back to the hotel, seeing headlights approaching and diving into the nearest lay-by I could find, just before the head-on collision.

[purplepoppy]

They usually have passing places you can pull into and I reckon she would have had a clear view of the lorry approaching and plenty of time to pull in. These roads are heavily used by large agricultural vehicles and that's the first I've heard of a cyclist refuse to move on one. I reckon if the cyclist was male his bike would have been thrown over the hedge.

[Daniela1982]

It is easier for a person on foot to change direction than a bicycle who may be at speed. If I ride my bike to the beach I always hope people give me the right of way, and if I am walking I will give a bike the right of way.

[OlderAndWiser]

Was there not enough room for the two to pass without the pedestrian leaving the paved road?

[AviatorTom]

Nope, narrow lane. There are signs that ask bicycles to ride single file.

[OlderAndWiser]

I believe everyone else must always yield the right of way to the pedestrian.

[Daniela1982]

@OlderAndWiser A pedestrian has the better ability to change direction quickly and avoid objects than a bicycle. Now if you are talking cars you are correct.

[OlderAndWiser]

@Daniela1982 In my jurisdiction,

Section 316.2065, Florida Statutes, provides as follows:

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.

[Daniela1982]

An audible signal? I can hear it now, "Move it dickhead!"

[electromagnetic]

The pedestrian was nice. But it also makes sense since the cyclist would have had a hard time on the grass.

Since I’m kinda mean, if I was the pedestrian, I would have kept walking on the road.
But as a cyclist, I probably would have also keep cycling like an ass. Either way, whoever makes it on the road with me, is gonna get bullied off.

[GuyAnswersGirls123]

Here in Japan, pedestrians move aside to give way to the cyclist well in advance, probably since it's easier to do and less dangerous than swerving on the bicycle. I'd do the same although I wouldn't pause. I'd just start walking on the grass well in advance.

[Anonymous]

The pedestrian always has right of way. They can cede that right by stepping onto the grass, which is the polite thing to do in this case. Although if it had been raining and the grass was muddy, the pedestrian may choose not to step off the pavement and the cyclist must yield.

[Guido]

It should be the pedestrian but there is always the old saying "You can be right or dead right. Make the right choice." This works for many things like pedestrian vs car, bicycle vs truck, car vs semi to name a few.

[Iron_Man]

Pedestrians always take presence over anything but I don’t feel they should be walking on the highway unless there’s a sidewalk

[AviatorTom]

In this case, there is no sidewalk, and it's not a highway, it's a neighborhood street.

[Iron_Man]

Walk in the grass you can’t walk on the highway at night time sometimes there’s no lights out either

[Iron_Man]

Or in the daytime

[Wiredone]

I've been in this situation before when I was riding my bike. I got over to allow the pedestrian to get by.

Think of it as a pedestrian and a vehicle. The bike is a vehicle. Pedestrians have the right of way.

[DJB72]

As pedestrian, step onto grass.

Technically the cyclist is liable automatically as they have the greater velocity, but only a dick would expect a cyclist to go onto grass verge.

[Surely]

I believe that I heard one time that the order of right away was determined by the order of the transportation modes. As in when they were invented. So walking pedestrians would be first to have the right away!
But then trains would be an exception!
Probably I would have stepped aside for the bicycle and yielded.

[Demonatrix]

I think the pedestrian was doing the right thing by giving way

[JacobJordan]

For legal purposes the bike counts as a "vehicle" as such the pedestrian has the legal rights of way.

[Daniela1982]

@jacobjordan And lots of people get run over by vehicles because they assume - or demand - that the right of way is theirs. They could be dead wrong. People get hit in crosswalks all the time. Would you want to test it out and insist on it on a very busy street?

[JacobJordan]

@Daniela1982 the question was in regards to who has right of way. Legally speaking the pedestrian does. At no point was I saying it would smart to try and force/demand that lol. He didn't ask if it would be a good idea he asked who had right of way

[Daniela1982]

I'm covering all bases and scenarios here.

[DizzyDesii]

If there's no sign saying walk/ride/etc, keep driving

[exitseven]

I would give the right of way to the bike. It's dangerous for a cyclist to pull onto the grass.

[SweetDripp]

Technically, the bicyclist has use of the roadway and shouldn’t be riding on the shoulder so the bicyclist was in the wrong which is what created this situation.

[AviatorTom]

In this case, bikes are expected to ride in the shoulder lane.

[SweetDripp]

Expectation? The law says they should use the roadway.

[b_lova]

I was taught that pedestrians always have the right of way, but as a pedestrian I always give way to those using any type of wheeled traveling.

Pain in my body doesn't care who has the right of way.

[Anonymous]

Bicycles have to follow the same rules as cars, but they don't.

[msc545]

Where I live in California, the pedestrian always has the right of way. Whether or not that makes any sense is questionable.

[jshm2]

The pedestrian is the most important (as the most vulnerable) element on the road.

As for your situation, if it was a bike lane, then the pedestrian should not be on it.

[KrakenAttackin]

I wound think the person/bicycle being overtaken has right of way, just like motor vehicles.

[shortster]

Cars > bicycles > pedestrians
Might makes right. Granted that is no excuse to hit someone; but you should understand who has the greatest maneuverability and what the situation calls for.

[SotiCoto]

I always have LEFT OF WAY.
General rule of thumb if you absolutely do not want to get out of someone's way: Stop. Stand still. What are they gonna do? Deliberately crash into you?

[Mangospacho]

Usually the pedestrian has the right of way, unless there’s a horse too.

[WindAtMyBack]

Pedestrians always have right of way.

[AngryCarl]

Pedestrains ALWAYS have right of way.

[AngryCarl]

*pedestrians

[Anonymous]

I think pedestrians have the right of way.

[Dongie]

Pedestrian

[LiamJHayden]

Pedestrian.