Does the Pedestrian Always Have the Right of Way?

We’ve all been taught that the pedestrian has the right of way but is that really true all of the time? The short answer to that question is no. While different states have different laws, the idea that common sense and personal responsibility are important in determining the safety of a pedestrian are common themes.

When Does A Pedestrian Have The Right Of Way

Clearly a pedestrian is going to fare far worse than a driver in a car should the two be involved in an accident and that is the principal reason for establishing right of way laws. It’s also obvious that both cars and pedestrians will at some time have to share the same road. With that in mind, marked crosswalks were developed to give the pedestrian an opportunity to cross the road without fear of having to dodge cars. Pedestrians in marked crosswalks or unmarked crosswalks at road intersections have the right of way as a rule.

Drivers are responsible for not harming pedestrians and will stop their vehicle at a crosswalk if a pedestrian is in it. Where it gets blurry is the question of when the car can resume travelling. Again it depends on the state and on the importance that local law enforcement places on the issue as to when the car can legally resume. As a general rule, when the pedestrian clears your side of the road you can resume driving.

When Doesn’t The Pedestrian Have The Right Of Way

Most states rule that a pedestrian has a responsibility for exercising due care for his or her safety. They can’t rush out onto a roadway, even in a marked crosswalk, if that action subjects them to danger. Further, most states prevent pedestrians from crossing a road between intersections and require them to walk to the intersection before crossing. Jaywalking can normally result in a fine even if there are no cars present on the roadway.

In short, pedestrians cannot act in a dangerous manner. They are not protected by law from their negligent actions.

This article is informational only and not meant as legal advice.

Learn more from KenAllenLaw.com – Kenneth Allen PC – Valparaiso, IN.