(1) The driver of a motor vehicle commits the offense of failure to yield the right of way to a bicyclist on a sidewalk if the driver does not yield the right of way to any bicyclist on a sidewalk.
(2) The driver of a motor vehicle is not in violation of this section when a bicyclist is operating in violation of ORS 814.410 (Unsafe operation of bicycle on sidewalk). Nothing in this subsection relieves the driver of a motor vehicle from the duty to exercise due care.
(3) The offense described in this section, failure to yield the right of way to a bicyclist on a sidewalk, is a Class B traffic violation. [1983 c.338 §702; 1985 c.16 §340; 1995 c.383 §44]
See also annotations under ORS chapter 483 in permanent edition.
A party in violation of a motor vehicle statute is negligent as a matter of law unless he introduces evidence from which the trier of fact could find that he was acting as a reasonably prudent person under the circumstances. Barnum v. Williams, 264 Or 71, 504 P2d 122 (1972)
10 WLJ 207 (1974)
(2011) (last accessed Mar. 25, 2012).
(2011) (last accessed Mar. 25, 2012).