Originally Posted By: Oil Changer
They do have the right of way. The point will be driven home the first time you hit one. Shake your head, laugh it off, let them cross, and be safely on your way.
They have the right of way only to a certain degree. They still must look to make sure it is safe to cross even when using a crosswalk. They can't just walk/jump out in front of someone without allowing the driver a safe distance to stop for them EVEN IN A CROSSWALK. As long as the driver is not speeding and the pedestrian got in front of them without allowing them a reasonable and safe distance to stop the driver is not at fault even if a crosswalk is involved. It will usually take witnesses to back up the driver's story but it is not always the pedestrian who is right and they aren't always declared not at fault.
With that said the pedestrian is "usually" not declared at fault. Just want to point out it is not always. I think the law sides way too far on the pedestrian's side. They should bear just as much responsibility as the driver for any accident. If they walk in front of a vehicle without giving that person time to stop I don't care if they are in a crosswalk or not. They are at fault not the driver. It is compounded when they are yakking on a cell phone or otherwise distracted. I wish the Police would get on people when they see them cross against a sign( traffic type light for pedestrians ), jay walk, and especially when they see them basically jump in front of a moving vehicle causing it to nose dive to stop in time. I know I would do something about those situations if I was an LEO. I have been known to actually file a complaint or two with the local PD when I have seen an Officer observe jay walking or other dangerous pedestrian behavior and not do anything about it. I know it did no good but it made me feel better at least.
We have a HUGE issue with this in my home town. Constant war between kids at a prestigious prep school and people driving. These kids are the biggest PITA I have ever come across. They are constantly running out in front of vehicles to cross the road and almost cause, or actually cause, accidents. This is an old historic town too with kind of narrow roads( when cars are parked on the roads it really makes it tough to just drive never mind watch for kids coming from nowhere too )and lots of buildings and bushes/hedges/trees/etc... so it makes it hard to see long distances in some areas so they just pop out in front of you. The worst is when classes are changing. Kids string out forever who totally ignore the road they are walking into while yakking with friends, talking on their phones, playing Frisbee or catch, etc...
We seem to have a couple accidents a year here with some of these entitled, oblivious, a-holes getting hit around that school. It is a horror show. I do my best to avoid it but to cross from the East side of town to the West you have little option( 3 roads pass through town and all 3 run through the school area )unless going way out around on the bi-pass.
The law definitely does favor the pedestrian but to an extreme degree that is not fair and I don't like it. Just as there are crazy, irresponsible, oblivious drivers the same can be said about pedestrians. I think they should shoulder more responsibility for their actions legally. Common sense says it is easier for a person walking to stop than a multi ton vehicle going 25 MPH+.
Sorry rant off.