Tuesday, July 19, 2005

pedestrian right-of-way?

From: Vartabedian, Ralph. "Caution: Pedestrian Crossing," Los Angeles Times, 8 June 2005.

Lt. Joe Whiteford of the California Highway Patrol says that a driver must wait only until it is safe to proceed through the crosswalk. A violation occurs if the pedestrian must take evasive action or stop to allow the vehicle to pass through. In that case, the motorist has violated the pedestrian's right of way.

So, if the pedestrian is walking away from the car, it is legal to proceed through the crosswalk when the pedestrian is a safe distance away. When the pedestrian is walking toward a car, it is legal to go through the crosswalk if the pedestrian is far enough away so that he or she does not have to slow down or stop for the vehicle to complete the turn.In Eklof's scenario, it would be legal to complete the turn if the pedestrian had only stepped off the curb of a six-lane street and was walking toward the car. But by the time the pedestrian is in the middle of the street, it is almost certainly too late, according to Whiteford.

The bottom line is that the pedestrian does not always have the right of way.

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