All About Pedestrian Rights When Crossing in the Crosswalk

As a pedestrian, doing anything near or around a high traffic area can be intimidating at best, even when at a cross walk. An auto accident while on foot would only require a lawyer in the best case scenario; worst case can result in death. What are the rights of the pedestrian, then? 

While in a crosswalk it is the duty of the vehicle to stop to allow pedestrians through. In fact it is illegal for them to stop in such a way as to hinder pedestrian traffic. Even if the car is screeching to a halt and the bumper goes just a few inches into the crosswalk and bumps a pedestrian, the driver can be held responsible for whatever damage they cause. However, this does not mean that the pedestrian should enter a crosswalk against the light and expect drivers to stop for them. When the light is green, a driver may be going as high as the local speed limit is or higher, meaning they may not have time to stop for an impatient shopper, thus leading to an unintentional auto accident. A lawyer will argue that it was still the driver’s fault, but that won’t make the pedestrian any less injured or dead. 

These rules don’t just apply to crosswalks with lights. If a pedestrian is crossing with a stop sign the same rules apply. A driver must also let everyone who is on the sidewalk cross before they are allowed to enter — this prevents unnecessary auto accidents, as well as keeps a group together for general safety. 

If a crosswalk isn’t available or the person is crossing outside a crosswalk despite there being one, the pedestrian isn’t in a lawless country. In the case of an auto accident, a lawyer will still argue that the pedestrian has the right of way, which they do, though liability can sometimes be split between the pedestrian and the driver since at least one party was being negligent. In the case of safety this is almost always a bad idea since a driver has the expectation to be able to drive the speed limit outside of a crosswalk, so vehicles may be driving much faster than when they’re approaching a stop. This increases the chances that an auto accident with a pedestrian would have to involve a lawyer, both for the trial and to divide the person’s estate. Though pedestrians have the right of way it doesn’t make them invincible to cars. 

Joe Meyere is a legal writer for Fusion 360, an SEO and content marketing agency. Information provided by Robert J Debry. Follow on Twitter.