What If I Was Riding My Bike on the Sidewalk When I Was Hit?

Law Office of J.D. Smith, PLLC · 2 min read

Washington law is more favorable here than most people expect. Under RCW 46.61.755, a cyclist on a sidewalk or in a crosswalk has the rights and duties of a pedestrian. Drivers must yield to a cyclist on a sidewalk at driveways and intersections the same way they would yield to someone on foot.

Washington Sidewalk and Crosswalk Rights for Cyclists

The most common sidewalk crash scenario: a vehicle pulling out of a driveway, alley, or parking lot entrance strikes a cyclist crossing on the sidewalk. The driver's duty in that moment is to yield to sidewalk users, and the fact that the person was on a bicycle rather than walking does not, by itself, create a defense.

The leading authority is the Washington Supreme Court's decision in Pudmaroff v. Allen, 138 Wn.2d 55 (1999), which rejected a driver's argument that a cyclist in a crosswalk should be treated as a vehicle operator rather than a pedestrian.

Seattle Bicycle Sidewalk Rules

In Seattle, riding on sidewalks and public paths is legal citywide. Seattle Municipal Code 11.44.120 requires riders to operate in a careful and prudent manner, at a reasonable speed for the conditions, to yield the right of way to pedestrians, and to give an audible signal before passing them. Those duties matter in a fault analysis: a cyclist who was riding carefully and predictably is in a much stronger position than one who was moving fast through a crowded stretch of sidewalk.

Local rules vary outside Seattle. Bellevue, Redmond, and several other Eastside cities restrict sidewalk riding in their downtown cores, and certain e-bike classes face their own sidewalk limits. If the crash happened outside Seattle, the local ordinance is worth checking before assuming anything.

Driver Duties at Driveways and Crosswalks

Drivers entering from driveways, alleys, and parking facilities must account for lawful sidewalk and crosswalk users before entering the roadway.

Comparative Fault When Sidewalk Riding Is Restricted

Pedestrian status is a strong starting position, not a shield against every argument. High cyclist speed, or riding against the direction of adjacent traffic where a driver scanning for pedestrians had less chance to perceive a fast-moving bike, can become part of the comparative fault analysis. Under Washington's pure comparative fault system, that generally affects the size of the recovery rather than the existence of the claim — but it does affect it.

The core point holds: being on a bicycle on a sidewalk does not strip you of pedestrian protections under Washington law. If a driver failed to yield where the law required yielding, the claim is built on that failure.

General legal information only. Specific facts, policy language, parties, and deadlines can change the analysis.