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Drivers
have a duty to yield right-of-way to pedestrians crossing streets
in marked or unmarked crosswalks. Many drivers seldom or never
do so. Often this is because drivers are speeding.
Frequently, the failure to yield right-of-way occurs when the
driver is turning onto another street and a pedestrian is in
their path. This is a particular threat to older adults.
A particularly deadly situation occurs when a driver on a multiple
lane roadway stops for a pedestrian. Other vehicles overtake
and pass the stopped car. Again law abiding pedestrians are
victimized by careless drivers.
A crucial point is that drivers have a near absolute duty to
avoid running down persons in the street, regardless of whether
they are there legally or not. The uniform vehicle code, used
as a model in most states, requires drivers to look out for
and avoid striking pedestrians. We should also remember the
common law rule that a person is expected to see what is there
to be seen!
Pedestrians also have duties. They must stay off of certain
roads and out of specified areas. They can cross most other
streets in crosswalks. Outside crosswalks, they can cross if
they yield right-of-way to cars. Pedestrians must not leave
the curb so abruptly that drivers find it impossible to yield
the right-of-way to them. They must comply with traffic signals.
Enforcement of the rules defining the relationship between drivers
and pedestrians is complicated by the systematic removal of
crosswalk markings in the USA in recent decades. Traffic engineers
are nervous about the value of these markings. However, marked
crosswalks are an important traffic control device and serious
study is needed to find a way to make them work. Work is needed
to increase the effectiveness of crosswalks, rather than eliminating
them.
Crosswalks are needed to guide the pedestrian to a safe place
to cross. They should be close enough that it is reasonable
to expect a person to walk over to it, perceiving some value
in going there. Most important, drivers should behave properly
at a crosswalk so pedestrians find value in going there.
Police administrators need the support of public health injury
prevention programs and traffic safety organizations in carrying
out these enforcement programs. Members of the public are often
more receptive to advice coming from these respected sources.
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