Bend, OR asked in Personal Injury for Oregon

Q: I got hit by a cyclist as I was walking on a sidewalk.

The person says they're not at fault because there was no bike lane for them to use - is that right?

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3 Lawyer Answers
Mr.  Gary R. Johnson
Mr. Gary R. Johnson
Answered
  • Bend, OR
  • Licensed in Oregon

A: No that's incorrect. Bicyclists can ride their bicycles on sidewalks unless the municipality has a regulation prohibiting that. Even so, bicyclists must exercise reasonable care to avoid pedestrians.

Mario F. Riquelme and Mr. Michael O. Stevens agree with this answer

Joanne Reisman
Joanne Reisman
Answered
  • Portland, OR
  • Licensed in Oregon

A: No, they are wrong. What ever you are doing, walking, skate boarding, skiing, riding a bike, etc, you have a duty to travel so as to not run into other people. There is never an excuse to hit someone. The lack of a bike lane may be the reason they were riding on the same path you were walking on, but it is not an excuse for running into you. If you were injured you should consult with a lawyer about your rights. You will need to have the contact information for the bicyclist that hit you in order to locate and identify them.

Mario F. Riquelme
Mario F. Riquelme
PREMIUM
Answered
  • Bend, OR
  • Licensed in Oregon

A: Whether or not there is a bike lane is beside the point. They still have a duty to keep a lookout, and if they hit you because they weren't watching where they were going, they likely are responsible and liable.

Best regards,

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