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What are the responsibilities of pedestrians and drivers?


Monday, August 18, 2008 6:17 AM PDT

I recently received an e-mail from a citizen asking for information on the laws pertaining to pedestrians and the roadway. Here is some basic information for pedestrians and drivers.

What is a pedestrian?

A pedestrian is anyone who is walking, in a wheelchair or motorized chair, or skating. Bicyclists do not fall under the definition of "pedestrian" and have their own set of rules of the road.

Who has the right of way, a vehicle or a pedestrian?

The driver of the vehicle shall yield the right of way to a pedestrian crossing the roadway within any marked crosswalk, or within any unmarked crosswalk at an intersection.

What is the difference between marked and unmarked crosswalks?

Every intersection is considered a crosswalk, whether it is marked or unmarked. Marked crosswalks can also be found in the middle of a block, especially in high-pedestrian traffic areas, like around schools. The laws are the same for both marked and unmarked crosswalks.

What if a pedestrian steps off the curb right in front of my vehicle?

No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close that it may not safely stop. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.

What is my responsibility as a driver approaching a pedestrian within any crosswalk?

According to the California Vehicle Code, you "shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian."

Can I pass a vehicle that is stopped for a pedestrian if I can see that it is safe to do so?

Whenever a vehicle has stopped at a marked or unmarked crosswalk at an intersection for a pedestrian to cross the street, a vehicle approaching from the rear shall not overtake and pass the stopped vehicle.

What if the pedestrian is crossing the street not at an intersection and there is no crosswalk?

The pedestrian shall yield the right of way to all vehicles near enough to constitute an immediate hazard. The driver of the vehicle is also responsible for exercising due care of the safety of any pedestrian on the roadway.

Where do I walk when there are no sidewalks?

When sidewalks are not available, pedestrians are required to walk on the left-hand edge of the road, facing traffic.

Can I legally walk in a bike lane?

No pedestrian shall walk along a bicycle path or lane where there is a sidewalk.

Are there a lot of accidents involving pedestrians?

The Office of Traffic Safety (OTS) released the following statistics for 2005: There were 882 pedestrian fatalities and 4,450 pedestrians who were injured and required hospitalization. Of the fatalities, 279 were female and 603 were male.

Any comments, questions or advice for Behind the Badge can be e-mailed to jbiskup@pd.lodi.gov or mailed to Jeanie Biskup, Lodi Police Department, 215 W. Elm Street, Lodi CA 95240, phone 333-6864.

Reader Feedback

Jason J wrote on Aug 25, 2008 5:10 AM:

" Giovanina comment is ignorant. She could have used more educated words, rather than show she is "ghetto."

That said, I was almost hit by a car back in March at the lit crosswalk on Church & Oak. The old Caucasian lady, wearing dark sunglasses, was turning onto Church St. and didn't stop. I had to run out of the way as she continued on as if I was never there! I should've let her hit me! Lodi drivers are the worst when it comes to stopping for people in crosswalks.. Thats fact! "

Giovanina wrote on Aug 24, 2008 11:56 AM:

" We are getting more Ghetto people in this town. Ghetto people believe they can cross where they want. "

edumacation wrote on Aug 23, 2008 10:13 PM:

" That tale was told to me by an "alien embryo" with the red wrinkled face of a GOB. "

edumacation wrote on Aug 23, 2008 10:10 PM:

" To T & C. Is this an "unexplained mystery"? ROFL

"I know that you are very concerned about the GOB and Real estate investments. It was the beginning of your story. THEY are the nightmare AND evil! And NOT the tall woman with the long flowing white hair!" "

edumacation wrote on Aug 23, 2008 10:01 PM:

" To T & C: I thought you would have more originality than to clone T&C's handle?

Shh what is that I hear? ...the sounds of footsteps on the wet pavement. Is that...Oh No! A Realtor! Oh! Great Ceasars ghost! I think I better escape! I'm stuck inside a bank foreclosure office and...I see it again. A tall red haired being with paper like skin. OOOh its terrible!

Okay, Raymond, have you made any money flipping? I was chatting with a GOB who was hatched in the bowels of hell---FROM? ---an alien embryo! LOL ROFL "

T&C wrote on Aug 21, 2008 10:49 AM:

" T & C, I, too, love horror and good science fiction. Isaac Asimov and Stephen King are among my favorites. "

T & C wrote on Aug 20, 2008 4:27 PM:

" Thank you sam. It isn't much, but it is something I am proud of! By the way, "snicker snicker", I think Stephen King made a movie or 2 out of some of my stories and never cut me in! Dang! "

Neo wrote on Aug 19, 2008 7:34 PM:

" So T&C, you`re saying that your real name is Raymond Cook? "

sam wrote on Aug 19, 2008 5:53 PM:

" Interesting website, T & C. "

T & C wrote on Aug 19, 2008 3:24 PM:

" No biggie Trista! I am just a small ripple in the pond of life. I have been an unpublished writer for 25 years so I figure the reason I am still around is to write another story. My author website, if you are curious is www.whendarknesscomes.com "

trista wrote on Aug 19, 2008 11:12 AM:

" Ok, point taken-statement recanted....I definately think blessed a fitting word for you. Wow, there must be an important reason for your life here- I have a friend who escaped death on 4 or 5 seperate occasions- like turning his head to the left to look behind him and a bullet zipping by the right side of his head that wouldve hit him- crazy things like that...didnt mean to get off the topic here "

T & C wrote on Aug 19, 2008 8:21 AM:

" Well Trista, My name is Raymond. Please ask any of the primary Bus drivers on Route #1 thru #5 if I am bitter? I am a very easy going related guy. Og by the way, Hector, Sam and Tony are Hispanic bus drivers and they are good friends of mine so those who think I do not like hispanics can toss that thought out the window. A drunk driver hit me head on going 80 in 1974. The last word to describe me would be bitter! "

trista wrote on Aug 19, 2008 12:09 AM:

" I bet helps a lot of people learn to type faster- since for some reason texting while driving has gotten more popular. In any case I think it should always be remembered that whoevers at fault or whoevers got the right-of way, a person will always be able to stop faster than a car. And T&C maybe you should try to not be so bitter about the whole situation- on the brighter side you could try being thankful and enjoy the fact that you were so close to dying and because you paid attention to the maroon SUV youre still alive and around to talk about it. "

t&c wrote on Aug 18, 2008 7:44 PM:

" T & C, I sympathize with you being a pedestrian and find myself always trying to be cautious, especially in school zones and the busier traveled pedestrian streets around the stores and malls. And all the crosswalks down Lodi Avenue to Ham Lane. Having spent much time in New York City the last 7 years, I find that looking twice before you cross is just about a necessity anymore anywhere you are on a busy street. The new cell phone law doesn't seem to have helped any either, as you said. Drive around and half the people are still talking on their cell phones and driving and the teens and younger adults comprise about 75% of those. I'm waiting for you to get your medical together, T & C, I'm very serious about getting you to the vet hospital for your appointment and any necessary tests. "

carlos wrote on Aug 18, 2008 5:27 PM:

" An important addition from a column by Bill Barry a year or two ago. When a crossing guard holds up the stop sign, the entire crosswalk is closed. Even if the pedestrians are walking away from you on the other side of the street you still can't go through until the crossing guard lowers the stop sign. In an uncontrolled crosswalk you could go through in the same situation. "

veritas wrote on Aug 18, 2008 4:08 PM:

" I have been telling my children and friends about the pedestrian/crosswalk rules for years. This was a great reminder to everyone. I do, however, attempt to run down jaywalkers in a primitive attempt to get them to realize, green/red lights/crosswalks are things that america has that their home country ignores. "

T & C wrote on Aug 18, 2008 3:21 PM:

" Hi Jeanie: Thank you for the help on S. Main Street. In front of the closed chinese cafe is a city trash can lid secured to the light pole by a cable/padlock. Can the city or trash company cut the lock and remove the lid too? "

T & C wrote on Aug 18, 2008 3:19 PM:

" Since moving to Lodi 5 years ago, I've been almost run over by inattentive drivers three, THREE times at that cross walk. I've also seen a elderly lady in a scooter hit by an elderly driver at the arch cross walk! I'm glad so many came out of their stores to offer aid! I've seen very few drivers using hand free cel phones since the law went into affect. I've seen FAR MORE talking on cell phones instead with their hand to their ear! Life's so short. We can all die in just a few seconds! Please be careful! "

T & C wrote on Aug 18, 2008 3:14 PM:

" Had I not PAID attention to the Marron SUV approaching the red light at the arch on Saturday Southbound as I could tell the 18-23 year old driver looking at his cel-phone was not slowing down, I would have been killed. As he ran the red light still unaware, a white honda with 2 women driving west bound on Pine, slammed on their brakes just 5 feet from the broadside of the SUV! He continued on, totally unaware he could have killed me or the woman passenger in the honda! LPD are you even enforcing hands free cel phone law? "

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