What are the responsibilities of pedestrians and drivers?

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.