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Look...when in doubt...ALWAYS yield. Otherwise, go argue in court that you ran over a pedestrian because you had the right of way...even when you saw that pedestrian and had the opportunity to stop. In The Villages, never be in a hurry! We all have a right to live...even if one has to spend a few extra moments in the car!
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Here, from Google: WHAT IS THE LEGAL DEFINITION OF A CROSSWALK? The 2000 Uniform Vehicle Code and Model Traffic Ordinance (Uniform Vehicle Code) (Section 1-112) defines a crosswalk as: (1) "That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs, or in the absence of curbs, from the edges of the traversable roadway; and in the absence of a sidewalk on one side of the roadway, the part of a roadway included within the extension of the lateral lines of the existing sidewalk at right angles to the centerline. Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface." Thus, a crosswalk at an intersection is defined as the extension of the sidewalk or the shoulder across the intersection, regardless of whether it is marked or not. The only way a crosswalk can exist at a midblock location is if it is marked. Most jurisdictions have crosswalk laws that make it legal for pedestrians to cross the street at any intersection, whether marked or not, unless the pedestrian crossing is specifically prohibited. According to Section 3B.17 of the Manual on Uniform Traffic Control Devices (MUTCD), crosswalks serve the following purposes: (2) "Crosswalk markings provide guidance for pedestrians who are crossing roadways by defining and delineating paths on approaches to and within signalized intersections, and on approaches to other intersections where traffic stops. Crosswalk markings also serve to alert road users of a pedestrian crossing point across roadways not controlled by traffic signals or STOP signs. At intersection locations, crosswalk markings legally establish the crosswalk." Chapter 1 - Safety Effects of Marked Versus Unmarked Crosswalks at Uncontrolled Locations Final Report and Recommended Guidelines, September 2005 - FHWA-HRT-04-100 |
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“The driver of a vehicle at any crosswalk WHERE SIGNAGE SO INDICATES shall stop and remain stopped to allow a pedestrian to cross a roadway”. It’s not a dumb rule. It’s just being grossly misinterpreted. |
This all used to drive me nuts. After being away from the rat race for a while now and realizing I just have no reason to hurry about, I try to take all in stride. Yes, I agree, when you have the right away you should take it. But if someone isn’t going to give it to you just let them have it. They likely haven’t had time to mellow out yet, so just cut them some slack. You’ll keep your own peace better too. But with pedestrians, they always have the right away in crosswalks, period. And since that is a multi-modal path, it is a crosswalk there. But even if they aren’t in a crosswalk, is it really worth getting upset about or upsetting someone else?
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My concern is not who has right of way but who can be sued successfully in the event of an accident. Can a person be sued successfully even if they had right of way? What does the law say about that?
Scenario for above: Vehicle has green light at intersection. Pedestrian has red light at intersection. Pedestrian steps into the crosswalk and the driver of the vehicle has little or no time to react and hits the pedestrian. Can the driver of the vehicle be sued and lose the case because the driver hit a pedestrian in a crosswalk? |
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Brings to mind the old commercials they use to run back in the day telling you to always be careful whenever "right of ways" are in question.....they would remind us that you can be right....DEAD right. I would defer my "right of way" to being hit by a vehicle any day.
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My son went to ONU. Ada?
David Kathary |
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