Right of Way: Pedestrians or vehicles?

California Vehicle Code (All States will be similar)

DIVISION 11. RULES OF THE ROAD

CHAPTER 5. PEDESTRIANS' RIGHTS AND DUTIES

http://www.leginfo.ca.gov/cgi-bin/displaycode?sect...

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(a) Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard.

(b) The provisions of this section shall not relieve the driver of a vehicle from the duty to exercise due care for the safety of any pedestrian upon a roadway.

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By LAW, the pedestrian is supposed to yield the right of way to vehicles. *However*, paragraph (b) is the trump card -- drivers are not allowed to ignore the pedestrian's safety. Without (b) you could simply ignore the pedestrian and let the situation revert to the old standard of pedestrians being quick or dead. As long as you did not deliberately aim for the pedestrian you were clear. But because of (b) any pedestrian that fails to yield the right of way to vehicles *retains* the right of way. If you hit a pedestrian you have to prove that it was unavoidable.

Yes, the Law of the land says that pedestrians have the right of way.

However, the Laws of physics might disagree with that.

(The momentum of a 3000 pound car versus the weight of a pedestrian isn't a fair match.)

So, while the pedestrian has the (bureaucratic) law on their side, the car has Newton's law on it's side and will ALWAYS win in a collision situation between the two.

And as has already been stated in previous answers, the pedestrian has the responsibility to gage whether the car can safely stop in the distance required BEFORE stepping into the road in front of said car. And the pedestrian should be certain that the driver of said car has seen the pedestrian's intent to step into the road. (The driver might think that the pedestrian is just standing there without intent to cross.)

It is the pedestrian's choice, and they may be right - DEAD right.

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While it's true that pedestrians do have the right of way, it does not relieve them from any responsibility. A pedestrian still must make sure the way is clear before stepping into the street to cross it. You can't just keep going when a car's coming because you think they should stop for you. That's called jaywalking, and in some cities, it carries a heavy fine. The basic rule of thumb is that BOTH drivers and pedestrians must obey the rules of the road.

in case you reside in the tremendous state of Texas, you had extra ideal beware. The regulation it seems that says the vehicle has the wonderful of way if a pedestrian tries to stroll in an UNMARKED crosswalk! think of approximately this, if somebody steps out in the line to circulate on a similar time a vehicle tries to tutor, the vehicle probable won't be able to stop in time to maintain from hitting the pedestrian. The pedestrian is jaywalking.

and they be right

pedestrians have right of way over all vehicles on all roads. every state every city

but as a pedestrians you should walk against traffic and should look before you walk into a road just casue you have right of way dont mean you would get kill by stepping in front of a moving car and if its dark an dyour walking best you watch for cars and dont think your seen

It varies from state to state and country to country. In NY, pedestrians have right of way if they are IN a crosswalk, but must yield if there is no sidewalk. By law, if an intersection has sidewalks, there is a crosswalk, even if it isn't marked. If there is no crosswalk, pedestrians must yield to vehicle drivers.

Believe Kelly and read the motor vehicle handbook in ANY state! Pedestrians have the right of way ... (period)

unless its marked no pedestrians they always have the right of way and even if its marked they still do however the police will remove them from that roadway