Pedestrians crossing streets
My commentary on pedestrian safety a couple of weeks ago stirred up additional thoughts and questions from readers.
Some wondered when and where pedestrians have right of way while crossing streets, and reader G.W. wondered why those afoot often push the limits of that right of way. She wrote, “My co-workers and I have discussed how we’ve had people cross arterials wherever and whenever they want without regard for the stopping distance required by a several thousand pound vehicle.”
Many pedestrians carry a presumption that they have a general right of way over motor vehicles at all times. They don’t, but even if they did, it still amazes me that some walkers place their lives at risk to prove it.
It is true, due to the disproportion of mass, comparing people to cars and trucks, that drivers carry the primary responsibility in accident avoidance with pedestrians. That doesn’t mean that a driver is always at fault if they hit someone who is on foot, but such accidents will always be closely scrutinized before absolving drivers of blame.
The laws governing vehicle/pedestrian interaction established in the state of Washington are quite comprehensive and are representative of statutes in other regions.
In Washington, street-crossers are essentially subject to three enforcement codes: one for crosswalk crossings, one for non-crosswalk crossings, and a third (referenced above) that cautions drivers of their primary responsibility.
Revised Code of Washington 46.61.235, regarding crosswalk crossing reads: “(1) The operator of an approaching vehicle shall stop and remain stopped to allow a pedestrian or bicycle to cross the roadway within an unmarked or marked crosswalk when the pedestrian or bicycle is upon or within one lane of the half of the roadway upon which the vehicle is traveling or onto which it is turning. For purposes of this section ‘half of the roadway’ means all traffic lanes carrying traffic in one direction of travel, and includes the entire width of a one-way roadway. (2) No pedestrian or bicycle shall suddenly leave a curb or other place of safety and walk, run, or otherwise move into the path of a vehicle which is so close that it is impossible for the driver to stop.”
That second provision protects drivers from blame when a pedestrian pushes their “right” to cross.
RCW 46.61.240 covers non-crosswalk crossing, reading: (1) Every pedestrian crossing 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. (2) Where curb ramps exist at or adjacent to intersections or at marked crosswalks in other locations, disabled persons may enter the roadway from the curb ramps and cross the roadway within or as closely as practicable to the crosswalk. All other pedestrian rights and duties as defined elsewhere in this chapter remain applicable. (3) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway. (4) Between adjacent intersections at which traffic-control signals are in operation pedestrians shall not cross at any place except in a marked crosswalk. (5) No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic-control devices; and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic-control devices pertaining to such crossing movements. (6) No pedestrian shall cross a roadway at an unmarked crosswalk where an official sign prohibits such crossing.
It’s easy to see that pedestrians don’t possess a “free pass” when it comes to crossing and have many responsibilities to go with their rights. But as mentioned, due to size of their “weapon,” motor vehicle operators carry a prime responsibility to be vigilant of pedestrians, a fact made evident by RCW 46.61.245, reading: “Notwithstanding the foregoing provisions of this chapter every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any obviously confused or incapacitated person upon a roadway.”
Readers may contact Bill Love via e-mail at precisiondriving@spokesman.com.
