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How Did the Chicken Cross the Road?

Jim Pocrass, Pocrass & De Los Reyes LLP

Jim Pocrass, Pocrass & De Los Reyes LLP

Bikes Have Rights™
By James L. Pocrass, Esq.
Pocrass & De Los Reyes LLP 
 
Have you ever been asked a question in which the answer seems so obvious that it seems like a trick question? This happened to me recently. A reporter asked me if it were true that, as he was told by a police officer, that you could be ticketed for riding your bike the wrong way in a crosswalk.

The question flabbergasted me. Since when are crosswalks one-directional? Pedestrians walk in crosswalks in both directions. That’s why there are buttons and/or signals on both sides of the street.

Requiring cyclists to only travel with the flow of traffic would lead to absurd results. You would have to cross two streets to go across the street.

The legislature passed Vehicle Code 21650: A bicycle operated on a roadway or a shoulder of a highway, shall be operated in the same direction as vehicles are required to be driven upon the roadway.

Subsection(g) states: This section does not prohibit the operation of bicycles on any shoulder of a highway, on any sidewalk, on any bicycle path within a highway, or along any crosswalk or bicycle path crossing, where the operation is not otherwise prohibited by this code or local ordinance.

The legislative comments to VC 21650.1 say: That had the Legislature wished to include the term “sidewalk” or “crosswalk” it would have done so.

All of this naturally leads me to opine that for the bicyclist to be in violation of VC 21650.1 (riding the wrong way in traffic), the cyclist would have to be riding in the opposite direction of traffic AND be either a.) on the shoulder of a highway or b.) on a roadway. (Again, assuming there is no local ordinance against riding in a crosswalk.)

Shortly thereafter, I received an email from a woman asking for my help. She was hit by a car while riding her bike across the street in a marked crosswalk. The police claimed the accident was her fault.

The law says it is legal for you to go from the sidewalk – against traffic – and ride into the crosswalk to the other sidewalk.

However, if there is a local ordinance that prohibits riding on the sidewalk, which many cities do, especially in commercial areas, AND the local ordinance specifically states that you may not ride through a crosswalk, then riding in the crosswalk and/or the sidewalk would be illegal. If the local ordinance does not state that you cannot ride on the sidewalk or in the crosswalk, then it is legal.

Vehicle Code 275 defines a crosswalk and does not limit it to pedestrians. Subsection(b) expands crosswalks to include: Any portion of a roadway distinctly indicated for pedestrians crossing by lines or other markings on the surface.

Legally riding on the sidewalk – slowly – and looking before entering a crosswalk for other vehicles, especially those making a right or left turn, and looking for pedestrians, should be legal (again, assuming there is no local ordinance restricting you from riding through a crosswalk).

There is even case law that specifically addresses the issue of riding a bicycle on a sidewalk against traffic. In Spriesterbach v. Holland (Case B-240348) the Court of Appeal, Second Appellate District, Division Four, ruled on April 9, 2013 that: . . .because VC 21650.1 requires a bicycle to travel in the same direction as vehicular traffic only when ridden on “a roadway” or the “shoulder of a highway,” it does not by its plain language require bicycles to travel with the flow of traffic when ridden on the sidewalk.

The court continued: Pursuant to Section 21200, (a) persons riding a bicycle. . .upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle by this division. . .except those provisions which by their very nature can have no application. . .because 21650.1 governs the direction bicycle travel on a roadway or shoulder. . .it does not by its plain language require bicycles to travel with the flow of traffic when ridden on a “Sidewalk.”

Riding fast through a crosswalk and not stopping to look is very dangerous. A cyclist that rides into a crosswalk at 10+ mph does not give the driver of a vehicle that is turning left or right time to see the cyclist.

I suspect that is why the City of Los Angeles passed L.A. Muni Code 56.15(1): No person shall ride, operate or use a bicycle . . .on a sidewalk, bikeway or boardwalk in a willful or wanton disregard for the safety of persons or property. This ordinance gives the police a lot of leeway to determine what is “willful or wanton disregard for the safety of persons or property.”

I believe that these topics are good areas for discussion, but legally, I would (and will) argue that, if no local ordinance disallows it, then it is legal to ride in a crosswalk in either direction if it is done safely.

By the way, the answer to the question in the title of this post is that the chicken crossed the road on a bicycle in a crosswalk after stopping and ascertaining that it was safe to ride slowly across the road. But you knew that.

For more than 25 years, Jim Pocrass has represented people who were seriously injured, or families who lost a loved one in a wrongful death, due to the carelessness or negligence of another. Jim is repeatedly named to Best Lawyers of America and to Southern California Super Lawyers for the outstanding results he consistently achieves for his clients. Having represented hundreds of cyclists during his career, and Jim’s own interest in cycling, have resulted in him becoming a bicycle advocate. He is a board member of the Los Angeles County Bicycle Coalition. For a free, no-obligation consultation, contact Jim Pocrass at 310.550.9050 or at [email protected].

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