Crosswalk question

[bubbapug1]

I sometimes pick my daughter up from school. The streets are very wide (8 lanes) and inevitably while taking a right turn with all of kids present things slow up.

My question is do I need to wait for the pedestrian to clear the ENTIRE crosswalk, or can I proceed with the right turn once I can safely execute the turn? It takes pedestrians the whole light cycle to clear the entire crosswalk (40 seconds)

I also see drivers stop when a pedestrian enters the crosswalk at the far side of the crosswalk even though the driver has at least 15 seconds before the pedestrian would be on "our" side of the road we are entering. That seems a bit over cautious.

I don't wait. Am I breaking some law here?

[Librarian]

General rule, Vehicle Code

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.

What I was taught, and seems to work, is if a pedestrian is coming toward my vehicle - even from across the street, several lanes over - I wait. If all the pedestrians are past my vehicle (safely on the sidewalk or travelling away from me), and one can safely make the turn, it is no longer possible to take the pedestrian's right of way, so turning then is legal.

[FLIGHT762]

Here is the basic Pedestrian section:

Right-of-Way at Crosswalks

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.



In section (a), a driver has to yield the right of way of the Pedestrian. The way I always enforced this section is if a driver causes the Pedestrian any movement or change in their crossing in the crosswalk, such as slowing their pace, speeding their pace, stopping, jumping out of the way, running to avoid, etc. that would be a violation of the section. As far as I was concerned, the law says a driver must yield and exercise due care.

In citing for the section, I always took notes as to what evasive measures the Pedestrian had to take to avoid being struck. It can be very subtle or blatant.

I don't believe a driver has to wait especially on multiple lane roads for a Pedestrian to completely exit the cross walk.

[njineermike]

This is a good question. I tend to wait longer than I probably should, but I'd rather annoy the poeple behind me than get a ticket or hit a pedestrian.

[bubbapug1]

I'll just stick with the rule if you don't scratch the car on them your good to go.

[bubbapug1]

It looks like the letter of the law says the vehicle has to yield right of way, but that's it. There is no language about remaining out of or not passing through a crosswalk while a pedestrian occupies that crosswalk.

I wonder what the case law is on this particular activity.

I'd fight the ticket based on the letter of the law as posted above in this thread.

[CBR_rider]

It seems (to me, and based on my own training/experience which includes the opinions of several very, very long time CHP officers/brass whom I have had training with in addition to sitting in traffic court for many hours and hearing lots of cases) that the spirit of the law (with which LEO's are supposed to operate with) is for driver's to exercise caution when driving around crosswalks and pedestrians are to watch out for vehicles/not leap in front of them without warning. Take a look at VC 525:

525. "Right-of-way" is the privilege of the immediate use of the highway.

It is hard to argue that an adult pedestrian walking AWAY from your vehicle, across the median, and three lanes away is put in any kind of danger by you proceeding through the crosswalk nor is he/she going to "immediately use" the highway in front of your vehicle.

[retired]

The spirit of the law and the letter of the law have both been mentioned. Besides everything said here, I would only add the following. When some depts. have done operations in crosswalks that are known to be a problem, they will use an officer as a decoy; sometimes even dressed as a Santa or in some other costume. According to the articles I've read in the paper about these particular operations, they will enforce the letter of the law usually.

So, if you see a chicken crossing the road, let him get all the way to the other side before making the turn or you will probably get a ticket. If not, use common sense as has been stated here.

[BDR529]

I'm not sure if this is relevant, or even true, but when I went to my drivers ed course (13 years ago) I remember being told that if the crosswalk is painted yellow, you have to wait for a pedestrian to clear the entire section, but if it's white, you can go as long as they're not in your lane...

[tahoetarga]

I'm not sure if this is relevant, or even true, but when I went to my drivers ed course (13 years ago) I remember being told that if the crosswalk is painted yellow, you have to wait for a pedestrian to clear the entire section, but if it's white, you can go as long as they're not in your lane...

Nope. Color of the crosswalk is irrelevant.

[keder]

just wait, not worth the ticket, $400 or so for mine... You LEOs in here always give great advice! thanks for taking time to answer our questions.

[bubbapug1]

just wait, not worth the ticket, $400 or so for mine... You LEOs in here always give great advice! thanks for taking time to answer our questions.

While I understand it's best to wait, if you are in a 15 car line, and everyone waits, that's 15 cycles before you go. Than others things go wrong , like your beer gets warm and loses carbonation.

[Funtimes]

As a layperson, my understanding is that if they are on my side, waiting near my side, or about to enter my side from say a four lane road and headed towards me... I need to stop and wait.

But, once they pass, I was pretty sure I can go. For instance, sitting in a right turn lane, a pedestrian walks from my passenger to drivers side across the street. It was my understanding that once I have been passed, I am free to make my turn.

I guess if I'm wrong it would be a time to be respectful and hope for the best lol.

[AceGirlsHusband]

Just let the little troopers cross. Completely. Vehicle vs pedestrian is not a fair fight.

[Hot Holster]

Here is the basic Pedestrian section:

Right-of-Way at Crosswalks

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.



In section (a), a driver has to yield the right of way of the Pedestrian. The way I always enforced this section is if a driver causes the Pedestrian any movement or change in their crossing in the crosswalk, such as slowing their pace, speeding their pace, stopping, jumping out of the way, running to avoid, etc. that would be a violation of the section. As far as I was concerned, the law says a driver must yield and exercise due care.

In citing for the section, I always took notes as to what evasive measures the Pedestrian had to take to avoid being struck. It can be very subtle or blatant.

I don't believe a driver has to wait especially on multiple lane roads for a Pedestrian to completely exit the cross walk.

This is a very good explanation, and is probably followed by most LEO's with common sense. There are however, some without that gift.