Is a Cyclist Considered a Driver or a Pedestrian?

Driver or Pedestrian?

This is a common question and one that doesn’t always have a clear answer – is a cyclist a driver or pedestrian? Unfortunately, the classification can differ from state to state and even from city to city. As to why this question is important, the classification states if the cyclist has to ride on the road or if they can ride on the sidewalk.

In cities where cycling law prohibits riding on a sidewalk, then the cyclist, who has to ride on the road, would be considered a driver by the law. However, in most states, the cyclist has the right to ride across a crosswalk and drivers would have to yield to them as if they were pedestrian traffic.

This is often where the confusion between drivers and cyclists begins and where the potential for accidents start. If they are on the road, many drivers often see cyclists as other drivers and hold them to the same rules, which is why so many accidents happen when a cyclist is going straight and another driver is turning right. The drivers don’t realize that the cyclist has the right of way like a pedestrian then and the cyclists believe that they do.

The unfortunate reality is that we need to stop asking whether a cyclist is a driver or a pedestrian and need to just start acknowledging them as a third option that has a hybrid of both rules. However, even if we start acknowledging this, without the proper roadway education, accidents will still happen.

We Can Help

If you have been in a cycling accident because of the negligence of another, then you are entitled to compensation for your injuries. If you have been hurt while riding on the roadways, contact us today to see what the Law Office of Gary Brustin can do for you.

Do You Have These Essential Cycling Safety Skills Mastered?


Often bicycling accidents are caused by motor vehicles who don’t really know how to share the road with a cyclist. Often motorists that have accidents with cyclists have never ridden a bicycle on a busy road and don’t know how to react or who has the right of way in many situations. However, it is not always the motorist’s fault, sometimes a cyclist can contribute to accidents by being more novice at road riding.

This is why before you head out onto the road, there are three cycling safety skills that you will want to make sure are on point by riding on less populated roadways. These cycling safety skills include:

Riding a Straight Line

We all know that sometimes it is fun weave a little bit while on a relaxing ride. However, when sharing a busy road with a number of cars, there is never a time for that. You want to make sure that when you ride on the road, you keep your bike straight so you don’t accidentally veer out of a bike lane or onto a curb. This is particularly important with starting off from a dead stop since swerving can be pretty accidental, but deadly, at these times.

Looking Back Without Swerving

It is a general rule that where your body goes, your bike goes. This means if you look back, your bike is likely to swerve with you. It is crucial to survey the road while driving, and this means checking your blind spots. You need to make the effort to train your body and hands to keep the bike steady when checking over your shoulder.

Controlling Speed

Many busy city roads feature downhills that would be really quite fun if there wasn’t a stop light at the bottom of them. When road riding, you need to be very aware of your speed and limit the increase of speed you get from downhills if there is a chance you need to stop at the bottom of them to adhere to traffic laws.

Have you been in a cycling accident? Whether it was the fault of another or you contributed to it, as a cyclist you may be entitled to compensation to cover your injuries. If you have been in an accident and need representation, contact us today.

Bicycle Law: Michigan Passes 3-Foot Passing Law for Cars Passing Cyclists

Uncontested Votes Passes New Bicycle Law

After a near uncontested vote, motorists throughout Michigan will now, by law, have to take greater care when passing cyclists on the road. Under this newly passed bicycle law, motorists will now be required to give at least a 3-foot clearance when passing a cyclist on the road unless it is “impractical” to do so. Also included in this legislation is a bill that would make it so teenage drivers in Michigan will have to learn safety laws pertaining to “vulnerable” roadway users, a term which includes cyclists before they receive their license to drive.

This new bicycle law comes after staggering statistics that state that 38 cyclists were killed on the roadways of Michigan in 2016, a number that was more than double the previous year, and 2,000 reported cyclist injuries from tangles with motor vehicles. This pressed Michigan, one of only 11 other states with no passing laws for cyclists, to put this new law under consideration.

Future Steps

Michigan, like almost every other state, has seen a rise of cyclists on the roadways and like every other citizen traveling around Michigan, they have a right to be protected. However, now that the law has been passed, the real test comes with enforcing it. For many drivers, they may not even realize they are now required by law to give a 3-foot passing distance, and it is up to law enforcement and drivers to decipher what “impractical” truly means.

However, until the law goes into effect state-wide, cyclists are still in danger. Yet, many local communities have passed 5-foot passing ordinances that keep their local biking communities safe.

Contact the Law Office of Gary Brustin Today

Have you been hurt in a cycling accident? Then you need someone in your corner who can help. If you are a cyclist who has been in an accident with a motor vehicle or otherwise in an accident that was the fault of another, contact us today. Let us help you get the compensation that you need.

Will Extending Green Lights Help Cyclists?

The Rise in Cycling

In Cedar Park, a town in Texas, local lawmakers are considering extending green light times on several heavily cycled roads in order to make it easier for their booming community of cyclists. Over the years, Cedar Park, and indeed many towns across the United States, have seen a dramatic rise in cyclists due to this mode of transportation being a cheaper option, better for the environment, and with a myriad of health benefits.

However, while many communities have made laws to protect cyclists, extending green light times in Cedar Park would be one of the newer law innovations made cater in cyclists. Yet, the question stands, how does extending green light times help?

This particular innovation proposes that at three of the city’s more popular cycling roads they install detection technology so that when bikes are present, the green lights are longer. In effect, this gives cyclists a longer time to cross the intersection since it does take a cyclist longer to start after they have come to a dead stop than your standard motor vehicle.


For advocates of the new installations, they say there is a safety and comfort factor in play. Cyclists often try to rush through an intersection because no one likes to feel like they are holding up traffic while they get going. Furthermore, there will always be drivers that want to rush off from a light the second it changes. They may not realize that a bike is going slower than they anticipate at these junctions.

Not only will this installation be more comfortable and likely safer for cyclists, but it hopes to attract even more new riders to the road as well. For novice road cyclists, often crossing the intersections is the most stressful part, and this will help ease the strain.

While this is a great way to address growing cycling communities in Cedar Park, Texas, accidents will still probably happen. If you were a cyclist hurt in an accident due to the fault of another, you deserve compensation. Contact us today to see what the Law Office of Gary Brustin can do for you.