Sidewalk Bicycle Riding - Florida Law
Bicycle riding on sidewalks is permitted in the State of Florida. Section 316.2065, Florida Statutes, Bicycle Regulations, provides as follows:
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.
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.
Florida law clearly provides that a bicyclist can utilize sidewalks to ride a bicycle. It is perfectly legal to ride a bicycle on a sidewalk. When there is an available bicycle lane OR when the sidewalk is crowded with pedestrians, it may be better to ride the bicycle on the side of the roadway. It is interesting to note that the law in Florida provides that a bicyclist / cyclist has all of the duties, rights, and protections of a pedestrian. For instance, when there is signage in place that all drivers / vehicles should yield to pedestrians - bicyclists are included. In other words, at these crosswalks between two sidewalks, a driver / vehicle should yield to bicyclists as well.
It is important for drivers to be on the look out for bicyclists from the very competitive bicyclist who can go the speed of vehicle in certain residential areas and should also be on the lookout for toddler cyclist who are low to the ground and proceed slowly. As such from the competitive / fastest bicyclist to the youngest / smallest bicyclist, drivers should proceed with due caution. When a bicyclist or cyclist is hit by a motor vehicle, there are four essential elements to prove as part of the civil case or civil claim:
- Breach of Duty;
- Causation; and
In evaluating the respective duties of the driver, it is important to review the applicable statutes, case law, facts, and circumstances. Florida is a comparative fault state. In other words, the fault for an automobile / bicycle accident can be the fault of one than one person. For instance, if the driver is 70 % at fault, the case or claim can still proceed against the driver under Florida comparative fault laws. Certainly, if a driver violates a statute like the one pertaining to yielding to the pedestrian / bicyclist, this can be an important part of the civil case or claim moving forward and beyond.
David Wolf is an attorney with over 30 years of experience. The focus of his practice is personal injury. He has represented thousands of clients through the years in Florida and beyond. He strongly believes in Giving a Voice to Injury Victims and Their Families. He is the author of 12 books including the book titled Bikes, Trikes & Automobiles - Legal Rights of the Injured Child. The book has chapters on Medical Treatment, Medical Bills, Settlement / Compensation, and other topics. You can get this book for free by contacting David Wolf. He is available 24/7 to his clients and prospective clients in need of legal advice and legal representation. Get D Wolf - On Your Side - At Your Side.