In Washington State You are a Pedestrian When Riding a Bicycle When Interpreting an Insurance Policy

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Insurance law is seldom logical. People who ride on bicycles are subject to vehicle laws, must stop a boulevard stops, must signal for turns and must obey all the rules of the road. Yet, the court made the bicycle rider a pedestrian to provide coverage in Todd Mclaughlin v. Travelers, No. 97652-0, Supreme Court, Washington (December 10, 2020).

ZALMA OPINION

This case, using the finding of an ambiguity, took form over substance and allowed a desire to compensate an injured person to overcome common sense or logic. Washington code 46.61.261 that provides that “The driver of a vehicle shall yield the right-of-way to any pedestrian, bicycle, or personal delivery device on a sidewalk. The rider of a bicycle shall yield the right-of-way to a pedestrian on a sidewalk or crosswalk…” which reaches a different result than other statutes.