Is a person on a bicycle a pedestrian?
It depends. In California, a cyclist is typically not considered a pedestrian while they are riding their bicycle in the street or a bike lane. However, a cyclist can be treated like a pedestrian in California when they are walking their bicycle on the sidewalk or in a crosswalk.
What Is the Legal Definition of “Pedestrian” in California?
According to California Vehicle Code 467, a pedestrian is someone who is afoot or:
- Uses a means of human-propelled conveyance other than a bicycle
- Uses a personal assistive mobility device
CVC 467 further notes that the term “pedestrian” includes people who are physically disabled and use a self-propelled wheelchair, motorized tricycle, or motorized quadricycle for mobility.
Are Bicyclists Treated Like Drivers in California?
While riding a bicycle in the street or in a bike lane, cyclists are typically treated like motorists. Per California Vehicle Code 21200, anyone riding a bike or e-bike is subject to all the provisions applicable to the driver of a vehicle. As such, cyclists need to follow traffic laws as if they were operating a motor vehicle.
The California Department of Motor Vehicles (DMV) also notes that bicyclists have the same rights and responsibilities as motorists, noting separate rights and duties for pedestrians in the state.
Can a Cyclist Be Treated Like a Pedestrian in California Under Certain Situations?
Yes, though the cyclist must not be riding their bike to be classified as a pedestrian.
In such situations, a cyclist is considered a pedestrian only when they are walking their bike on the sidewalk or in a crosswalk.
Why Does It Matter If a Cyclist Is Treated Like a Pedestrian or a Motorist?
Classification as a pedestrian or a motorist makes a major difference when it comes to right-of-way, issuing tickets and penalties for certain actions on the road or sidewalk, and determining fault in case of an accident.
Keep in mind that this can vary from city to city in California. There is no single statewide law in California regarding cyclists on sidewalks. Individual counties and cities are allowed to create their own laws for bikes and e-bikes on sidewalks based on the needs of their community.
Can a Cyclist Be Found Partially at Fault Because They Weren’t Acting Like a Pedestrian?
Yes. Since different counties and cities in California have local laws that pertain to cyclists, it’s possible for cyclists to be partly at fault in accidents if they were not abiding by those laws.
For example, say that someone is riding their bike or e-bike on the sidewalk in a part of California that does not permit cyclists on the sidewalk. If that bicyclist gets hit and seriously injured by a vehicle that’s pulling out of a driveway, the cyclist could be held partially liable for the accident. This means the cyclist’s total compensation will be reduced by their share of liability in a crash. This could lead to a substantial reduction in the injured cyclist’s overall compensation.