Wondering if anybody know of court case or law that answers this for sure for California. Before you answer the simply consider.
I would like your opinion or what your legal sources can draw up on the question:
Are Bikes are considered pedestrians while on sidewalks?
I searched some online law resources. Found nothing against the assertion that anyone had ever considered a biker riding on a sidewalk not to have duties and rights of a Pedestrian. Did find only 4 states that specifically clarify it in their law. By the others bloggers counter argument, bikes always follow CVC rules, thus riding on the sidewalk is illegal against traffic and applies same to a 2 year old on training wheels so the 2 year old is not in same category as other pedestrians. There has to be some court decision somewhere, seems too fundamental.
Delaware code 4198B
"(c) A person propelling a vehicle by human power upon and along a sidewalk, or pushing a bicycle across a roadway upon and along a crosswalk, shall have all the rights and duties applicable to a pedestrian under the same circumstances."
Montana code Section 61-8-608: BICYCLES ON SIDEWALKS
(3) Except as provided in subsections (1) and (2), a person operating a vehicle by human power upon and along a sidewalk or across a roadway upon and along a crosswalk has all the rights and duties applicable to a pedestrian under the same circumstances.
(Section 316.2065(10) and (11), F.S.)
A person propelling a vehicle by human power upon and along a sidewalk, or across a roadway upon and along a crosswalk, has all the rights and duties applicable to a pedestrian under the same circumstances.
Comment: Sidewalks are not designed for bicycle speeds, but a bicycle propelled by human power may be used except where prohibited by local ordinance (e.g. in the central business districts of many cities). No bicycle may be propelled by other than human power on a sidewalk. Although a cyclist riding on a sidewalk has the rights and duties of a pedestrian, he is still a "bicycle rider" and his bicycle is still a "bicycle". Consequently, laws that pertain to required equipment and to carriage of passengers (see above) are still applicable.
Since a cyclist riding on a sidewalk does not have the duties (or rights) of a driver, he may ride in either direction. (However, it is safer to ride in the direction of traffic, since drivers do not expect cyclists to come from the other direction at driveways and crosswalks. Crash risk is 3 to 4 times as great for sidewalk riders who ride facing roadway traffic as for sidewalk riders who ride in the direction of traffic.)"
Here is what Michigan says
Sidewalk Rules. Rules for the operation of a bicycle either on a sidewalk or in a pedestrian crosswalk are found in MCL 257.660c. The statute states that a bicyclist riding on a sidewalk or in a pedestrian crosswalk has all of the rights and responsibilities applicable to a pedestrian using that sidewalk or crosswalk. It also states that a bicyclist on a sidewalk or in a pedestrian crosswalk shall yield the right of way to pedestrians. Bicyclists are also required to “give an audible signal before overtaking and passing a pedestrian.” An “on-your-left” is always appreciated and appropriate. The statute also states that a person shall not operate a bicycle on a sidewalk or pedestrian crosswalk if that operation is “prohibited by an official traffic control device.”