Originally Posted by
CliftonGK1
Might be different where you're at, but around here (regardless of crosswalks, etc.) the general rule for right of way is autos yield to bikes, bikes yield to peds. This may not be the everyday application which is seen, as cars are cutting off cyclists and cyclists are darting through crowds of people at a crosswalk; but if something were to happen and a case went to court, the rule gets applied.
Yup, the above rule gets applied and the court will try to determine if you had enough time to stop and avoid the collision. That's because, like it was said above, regardless of who has the right of way everyone has the responsibility to do whatever they can to avoid the collision first, in this order: cars->bikes->peds.
If it's determined that you had enough time to react and prevent the accident, even if you had the right of way, the other party may not be found responsible for causing the accident and will be only ticketed for traffic violation and you may be even found guilty of reckless behavior and endangerment. Riding into an avoidable accident on purpose just to exercise your right-of-way will be most likely considered reckless behavior in the court.
If it's determined that the pedestrian stepped in front of you illegally AND suddenly so you had NO CHANCE to react the pedestrian will be found guilty of causing the accident. So it's a big unknown who will win and it's best to do whatever you can to avoid accidents in the first place even if that means getting out of the way of someone else who is breaking the law. The time spent in court is not fun time and, in the court, the one who has a better lawyer wins.
Ans yes, you need a bell or a horn. If you have none, or didn't use one, it will be a lost case most likely anyway.