Old 09-12-11 | 07:42 PM
  #6  
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Kurt Erlenbach
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Joined: Jul 2007
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From: Space Coast, Florida
My understanding from what the witnesses said and the video is that the bike was on the paved shoulder. I believe under Florida law the cyclist would have the right-of-way, but I'm not sure. The paved shoulder is not part of the "roadway" under Florida law (sec. 316.003(42)), and I consider a bike on the shoulder to be a pedestrian, who would have to yield to traffic in the roadway, but has the right-of-way once he enters the intersection (sec. 316.130(7)). But it's close.
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