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Crosswalks and pedestrians - easy question

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  • Paul
    Senior Member
    • Jan 2003
    • 1102

    Crosswalks and pedestrians - easy question

    I live in a city with many streets with five lanes - two lanes in each direction and a turning lane in the middle. It is my understanding if a pedestrian is in the crosswalk - even five lanes away - I am required to yield the street to them. They're +100 feet away but the crosswalk while occupied is theirs and theirs alone.

    I think I'm doing it wrong because when I pull up behind others turning they'll make the turn despite the pedestrians. When I get to the corner I stop and yield and get honked at from others behind me.

    So am I following the law despite apparently doing it wrong?
    Invented/From California: The Internet and Personal Computer, Google, iPod, Intel, Apple, AMD, NVIDIA, Gen Jimmy Doolittle, Stealth Technology, National Semiconductor, Tiger Woods, P-80 Shooting Star, Ronald Reagan, Fairchild, M-16, porn, Raquel Welch, Yahoo, super-sonic flight, Angelina Jolie, Gen. George S. Patton, the personal computer CPU, Gordon Moore, Clint Eastwood, Anti-Matter, Electronic Warfare, Bruce Lee, supersonic flight, ceramic body armor, Jim Morrison, ... and this post!
  • #2
    Paul
    Senior Member
    • Jan 2003
    • 1102

    Sorry - thank you!
    Invented/From California: The Internet and Personal Computer, Google, iPod, Intel, Apple, AMD, NVIDIA, Gen Jimmy Doolittle, Stealth Technology, National Semiconductor, Tiger Woods, P-80 Shooting Star, Ronald Reagan, Fairchild, M-16, porn, Raquel Welch, Yahoo, super-sonic flight, Angelina Jolie, Gen. George S. Patton, the personal computer CPU, Gordon Moore, Clint Eastwood, Anti-Matter, Electronic Warfare, Bruce Lee, supersonic flight, ceramic body armor, Jim Morrison, ... and this post!

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    • #3
      Garv the innocent
      RSG Minion, Senior
      CGN Contributor - Lifetime
      • Apr 2014
      • 9024

      I agree it is ridiculous since the pedestrian is not near you, but they had stings near here (with smaller streets) that generated income for the state doing that with a fake pedestrian trying to cross.
      Originally posted by Kestryll:
      It never fails to amuse me how people get outraged but fail to tell the whole story in their rants....

      Comment

      • #4
        Off the Roster
        Senior Member
        • Aug 2013
        • 2354

        Each city enforces this differently. Toluca Lake and West Hollywood are nazi-esque in their approach. Hollywood doesn't seem to care, but if you are missing a front license plate they'll be on you like stink on a monkey.

        Comment

        • #5
          CBR_rider
          Veteran Member
          • Jan 2013
          • 2696

          21950. (a) The driver of a 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, except as otherwise
          provided in this chapter.
          (b) This section does not relieve a pedestrian from the duty of
          using due care for his or her safety. 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 as to constitute an immediate hazard.
          No pedestrian may unnecessarily stop or delay traffic while in a
          marked or unmarked crosswalk.
          (c) The driver of a vehicle approaching a pedestrian within any
          marked or unmarked crosswalk 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.
          (d) Subdivision (b) does not relieve a driver of a vehicle from
          the duty of exercising due care for the safety of any pedestrian
          within any marked crosswalk or within any unmarked crosswalk at an
          intersection.

          21951. Whenever any vehicle has stopped at a marked crosswalk or at
          any unmarked crosswalk at an intersection to permit a pedestrian to
          cross the roadway the driver of any other vehicle approaching from
          the rear shall not overtake and pass the stopped vehicle.


          21952. The driver of any motor vehicle, prior to driving over or
          upon any sidewalk, shall yield the right-of-way to any pedestrian
          approaching thereon.

          My opinion, in a nutshell, is that if you should yield to them even if they are on the other side of the street. Perhaps there are large enough intersections out there, but again as a general rule I would yield to them. It will be your fault if they are already in the crosswalk and crossing the street (especially at an intersection controlled by a stop sign/lights) and you strike them. Once the pedestrians are passed and still walking, my rule of thumb is if they were to suddenly drop something, spin around, and take a few quick steps to grab the item they dropped would that put them in front of my vehicle? If not, I will proceed through the crosswalk. Kids, parents with several kids, and people walking animals get extra room.
          Originally posted by bwiese
          [BTW, I have no problem seeing DEA Agents and drug cops hanging from ropes, but that's a separate political issue.]
          Stay classy, CGF and Calguns.

          Comment

          • #6
            jeffyhog
            Veteran Member
            • Nov 2010
            • 2759

            I've also wondered about this but I've never seen the law as it is written. After reading it as posted above, I would not think you need to wait for a pedestrian that is starting their crossing from all tye way across the street. The law states that you must yield to the pedestrian, not that you may not enter the crosswalk if a pedestrian is in the crosswalk.
            I think that as long as you give the pedestrian an excess of space, and proceed with caution you are ok.
            I've seen the crosswalk stings and it seems like they are looking for drivers that speed right through the intersection as a pedestrian is crossing. I think you should always stop if you are driving down the street and a pedestrian starts to cross in front of you, as long as practical.

            Comment

            • #7
              umd
              Senior Member
              • Aug 2013
              • 1703

              Originally posted by CBR_rider
              Once the pedestrians are passed and still walking, my rule of thumb is if they were to suddenly drop something, spin around, and take a few quick steps to grab the item they dropped would that put them in front of my vehicle? If not, I will proceed through the crosswalk. Kids, parents with several kids, and people walking animals get extra room.
              One thing that always bugs me as a pedestrian, as well as a cyclist, is when cars start accelerating while I am still in front of them! Like they are trying to time it so they will pass the moment I clear their bumper by an inch.

              Comment

              • #8
                P5Ret
                Calguns Addict
                • Oct 2010
                • 6374

                The only thing that is a bit different that I would add is on a divided highway, if the pedestrian is on the other side of the roadway, I'd let that slide. Once they reach the center divide and start across the other side traffic should be stopped in that direction also. Right or wrong a traffic commissioner put it like this if the pedestrian is legally in a crosswalk (marked or unmarked) at an intersection, traffic should be stopped until that pedestrian reaches a position of relative safety. That doesn't mean past the fender of your vehicle either.

                Comment

                • #9
                  StraightShot04
                  Member
                  • Jun 2012
                  • 136

                  Originally posted by umd
                  One thing that always bugs me as a pedestrian, as well as a cyclist, is when cars start accelerating while I am still in front of them! Like they are trying to time it so they will pass the moment I clear their bumper by an inch.
                  From my understanding, that would not be okay. I was taught that as long as the pedestrian is far enough at a reasonable amount of a safe distance going away from the vehicle, it's okay for the vehicle to continue. Reasonable meaning the person can't suddenly turn around, run back and still get hit.
                  Last edited by StraightShot04; 02-20-2015, 9:59 AM.

                  Comment

                  • #10
                    umd
                    Senior Member
                    • Aug 2013
                    • 1703

                    Originally posted by StraightShot04
                    From my understanding, that would not be okay. I was taught that as long as the pedestrian is far enough at a reasonable amount of a safe distance going away from the vehicle, it's okay for the vehicle to continue. Reasonable meaning the person can't suddenly turn around, run back and still get hit.
                    It's not ok when I'm literally still right in front of them.

                    Comment

                    • #11
                      ls2monaro
                      Senior Member
                      • Jun 2009
                      • 601

                      It's been a while but the last case law I read said when the pedestrian is a reasonable distance through the crosswalk, the vehicle can go.

                      This was 5+ years ago so there might be new case law regarding the section.

                      Comment

                      • #12
                      • #13
                        Tripper
                        Calguns Addict
                        • Jan 2011
                        • 7628

                        Originally posted by ls2monaro
                        It's been a while but the last case law I read said when the pedestrian is a reasonable distance through the crosswalk, the vehicle can go.



                        This was 5+ years ago so there might be new case law regarding the section.

                        I read the same in a legal update
                        WTB NAA Belt Buckle
                        MILITARY STRETCHER/RADIATION DETECTION KIT

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                        • #14
                          ke6guj
                          Moderator
                          CGN Contributor - Lifetime
                          • Nov 2003
                          • 23725

                          Originally posted by ls2monaro
                          It's been a while but the last case law I read said when the pedestrian is a reasonable distance through the crosswalk, the vehicle can go.

                          This was 5+ years ago so there might be new case law regarding the section.
                          correct, all the case law I've seen says that you must yield, but that does not mean that you can't ever drive through a crosswalk when a pedestrian is present. if you can safely cross through, you may. you aren't required to ahve to wait for the crosswalk to be completely empty of all pedestrians.
                          Jack



                          Do you want an AOW or C&R SBS/SBR in CA?

                          No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

                          Comment

                          • #15
                            Tripper
                            Calguns Addict
                            • Jan 2011
                            • 7628

                            Crosswalks and pedestrians - easy question

                            I think they mentioned something like lunge distance or similar, i'll see if I can find it if I get a chance
                            WTB NAA Belt Buckle
                            MILITARY STRETCHER/RADIATION DETECTION KIT

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