Bicyclists: Beware of Crossing a Road When a Driver Signals

In the last few years many former railroad lines have been converted to trails. Rails to trails have been a great benefit to bicyclists all over the county. The Pinellas Trail is no exception. It has encouraged many people to get out on their bikes and enjoy this urban trail which allows them to ride without sharing the road with cars.

Unfortunately, many trails still require bike riders to cross busy streets or highways with multiple lanes with no traffic control device. Every cyclist has encountered this situation. You must cross 3 lanes. Traffic is backed up in two lanes, the third is clear. Cars have left an opening so you can proceed at the trail crossing. But you can't see what is coming in the third lane. You cautiously proceed. Then the driver in the second lane catches your eye and waves you on, signaling it is "all clear." Just as you enter the open lane, you are hit by a car driving in that lane that did not stop for the trail crossing.

In most situations, the driver proceeding too fast for conditions and failing to stop or yield in a crosswalk will have liability for your injuries. That driver, depending on the circumstances, may try to argue you share some liability for proceeding when you couldn't see if they were coming. Under Florida's comparative fault law, did you know the driver who waved you across may be found liable, as well?

Unfortunately, in too many cases, they simply drive off after the accident, and are never heard from nor identified. If they can be identified, they may be found liable for negligently encouraging you to proceed when it was not safe. Therefore, every effort should be made to identify the vehicle. If they stop, great! If they don't, hopefully someone will obtain the vehicle description and the tag number.

Injuries in these collisions are often severe. Recovering full compensation for your damages may hinge on being able to identify the driver who waved you on, in addition to the driver of the car that hit you. Please be careful when crossing any type of roadway or crossing. This could save your life and help avoid any type of serious accident that could occur in the event of this type of accident. Just because someone gives you the right of way does not mean it is safe to pass.


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Attorney James W. Dodson is a Clearwater, Florida personal injury trial lawyer with over 20 years experience representing clients in all types of injury claims including vehicle accidents, fall cases and wrongful death. He is the author of three books offered FREE to consumers as a guide to dealing with accidents and insurance. Visit his website at JWDodsonLaw.com for FREE copies of these books, other articles, videos, news and commentary.