Can a cyclist ride on the sidewalk?

  • No.

In Jurisevic v. Rideout, traffic was reduced to one lane and was slow due to construction.  The cyclist was riding on the road, passing the cars.  At some point he jumped onto the sidewalk and continued to pass the cars.  A car started to turn right into a parking lot in front of him.  The cyclist shouted at the driver, but was going too fast to avoid a collision.

The judge held that the cyclist was at fault.  He pointed out that s. 183 of the Motor Vehicle Act imposed the same rights and duties on cyclists and drivers.  One of those duties is not to ride on a sidewalk, and another duty is not to overtake a pass on the right, particularly by driving off the roadway (s. 158).  Since he was riding quickly on the sidewalk, the cyclist had a heightened duty to take reasonable care for his own safety, which he failed to do.

As long as the driver exercised the care required in the circumstances, which she did, she was not under a duty to ensure that a cyclist was not unlawfully and negligently trying to pass her on the sidewalk.

If you have been injured in a cycling accident, we can help.  Contact us.

Read the case:  Jurisevic v. Rideout

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