Re: [CABOforum] Bicyclist using crosswalk killed in multiple threat
crash
|
Bob Shanteau
|
Nov 05, 2009 16:13 PST
|
ron wrote:
| | However wouldn’t the better solution be to delete “...permit a
pedestrian to cross the roadway...” from 21951 ?
|
That still does not address the rights and duties of bicyclists in
crosswalks. Here are the rights and duties of pedestrians in crosswalks
(marked or unmarked):
***
21950. (a) 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, except as otherwise provided
in this chapter.
(b) This section does not relieve a pedestrian from the duty of using
due care for his or her safety. No pedestrian may suddenly leave a curb
or other place of safety and walk or run into the path of a vehicle that
is so close as to constitute an immediate hazard. No pedestrian may
unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.
(c) 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 the vehicle or take any other action relating to the operation
of the vehicle as necessary to safeguard the safety of the pedestrian.
(d) Subdivision (b) does not relieve a driver of a vehicle from the duty
of exercising due care for the safety of any pedestrian within any
marked crosswalk or within any unmarked crosswalk at an intersection.
***
In other words, a pedestrian must first declare his/her intention to
cross by being "within" the crosswalk (which presumably means stepping
off the curb). Second, the pedestrian must yield to any vehicle that is
"so close as to constitute an immediate hazard". Third, the pedestrian
may start walking in the crosswalk, during which time the driver of any
other approaching vehicle shall yield the right-of-way to that pedestrian.
Note that a pedestrian in a marked or unmarked crosswalk may cause
drivers to slow down or stop, which a pedestrian outside a marked or
unmarked crosswalk is not allowed to do.
Bicyclists in crosswalks are clearly neither operators of vehicles nor
pedestrians. Perhaps what you seek is for bicyclists in crosswalks to
have the rights and duties of pedestrians. I understand that Boulder,
Co, takes this approach, with the proviso that it only applies to
bicyclists who are traveling at pedestrian speeds. Bicyclists entering
crosswalks at typical bicycle speeds do so at their own risk.
Bob Shanteau
|
|
 |
|
