The Right to Bike

By: Mr. Wilson on February 11, 2011
Police Chief Tom Casady has some things to say today about the rights of bicyclists in crosswalks. The short story: bicyclists have no rights in crosswalks. See, the law protects pedestrians as "a person afoot". Bicyclists aren't "afoot", thus they are not pedestrians, and therefore they are not entitled to the protections offered to pedestrians. In fact, bicyclists are legally required to yield to vehicles [PDF] (10.48.130). I've violated that law ... oh ... at least a few hundred times in my life. Lincoln's ordinances are wrong. If Lincoln is going to claim to be a community that prides itself on offering multi-modal transportation opportunities -- yes, the City does actively claim that -- then bicyclists in a crosswalk must be given priority over vehicles. We may want to consider tweaks because of the obvious differences between persons afoot and persons abike (?!), but for the most part bicyclists should be considered equal to pedestrians. I haven't surveyed the Lincoln Municipal Code in depth on this topic, but one hole in the current verbiage presents itself immediately. What about folks in wheelchairs? They aren't afoot; therefore they aren't pedestrians; therefore they don't have the right of way in a crosswalk. Surely that's not what we want. Where do skateboards fit in to the picture? Or scooters? We obviously can't think about all of the possibilities, so I propose this: any person lawfully using a crosswalk, no matter his vehicle or manner of locomotion, should have the same rights as "pedestrians" as they are currently defined. That seems simple enough, doesn't it? The more I think about this, the more annoyed I am that you're only protected in a crosswalk if you're on foot. It's silly. Let's fix this. Any volunteers?

Comments

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Matthew Platte
February 11, 2011 at 9:24PM

It’s been a while since I browsed the ordinances. 

I recall wording that indicated the only legal way for a bike to cross a street in the crosswalk was for the rider to dismount and - as Chief C. described - become a pedestrian.

Back in the 20th Century when the ordinances were drafted the only curb cuts were for automobiles.  Crosswalks were fully curbed.  Riding up and down the curbs on my 26” Huffy Cruiser was an “iffy” activity; I sometimes fell down.

Since then there has been an accessibility revolution.  Maybe the law could catch up a wee bit?  Deena…?  Is there any more room on your to-do list?

Andrew
February 11, 2011 at 11:57PM

I don’t necessarily disagree with the ordinance. I cycle most days of the year, and I believe cyclists should ride in the street. I believe this is essentially what the current law is really all about. Cars are not looking for fast rolling vehicles on sidewalks and that’s why most bike-car collisions happen in crosswalks and driveways.

John
February 12, 2011 at 12:02AM

I agree changes need to be made, but I don’t think encouraging bicycles using the sidewalk/crosswalks is a good idea. Most vehicles turning right aren’t looking for something coming up that fast behind them on the sidewalk, and the bicycle could easily be in the driver’s blind spot.

I’m all for riding my bicycle on the street, although I understand many streets don’t give quite enough room on the shoulder. As a motorcycle enthusiast, I also very much understand not being easily seen when on the street. I do think it’s safer than using the crosswalk though.

Karin Dalziel
February 12, 2011 at 3:05AM

In the example Casady was talking about, the bicyclist would be riding on a bike trail (“northbound cyclist on the bike path/sidewalk “), which is also the sidewalk, as are many if not most of the “bike trails” in Lincoln.

Riding on the street is fine for side streets, but it just doesn’t work for major roads like 84th St.

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