Driver or Pedestrian? Handsome young businessman with bicycle in the city

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.