Pedestrian Right-of-Way Laws

Understanding Right-of-Way

Right-of-way determines who has the legal priority to proceed. For pedestrians, this varies by situation and location.

When Pedestrians Have Right-of-Way

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In Crosswalks
- Marked crosswalks: YES
- Unmarked crosswalks (at intersections): Usually YES
- Mid-block crossings: Usually NO

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At Traffic Signals
- Walk signal: YES
- Don't Walk signal: NO
- Steady yellow/red: Generally NO

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Outside Crosswalks
- Pedestrians generally must yield to vehicles
- BUT drivers must still exercise due care

Driver Duties

Regardless of right-of-way, drivers must:
- Exercise due care to avoid hitting pedestrians
- Yield to pedestrians in crosswalks
- Stop for pedestrians with white canes or guide dogs
- Reduce speed in school zones and residential areas
- Watch for pedestrians when turning

How Right-of-Way Affects Your Case

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You Had Right-of-Way
- Establishes driver negligence
- Strengthens your claim
- May still need to prove driver was negligent

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You Did NOT Have Right-of-Way
- Doesn't automatically bar your claim
- Driver may still have been negligent
- Comparative fault may reduce your recovery
- You may still recover damages

Comparative Negligence

Most states use comparative negligence:
- Your damages reduced by your percentage of fault
- Example: If you're 20% at fault, you recover 80%

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Contributory Negligence States
(Alabama, Maryland, North Carolina, Virginia, DC)
- ANY fault may bar your entire recovery
- Need experienced attorney in these states

Special Right-of-Way Rules

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Blind Pedestrians
- Have right-of-way everywhere
- White cane signals right-of-way

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School Zones
- Enhanced pedestrian protections
- Reduced speed limits
- Crossing guards have authority

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Emergency Vehicles
- Pedestrians must yield to emergency vehicles