When it comes to roadway safety, it's commonly believed that pedestrians always have the right of way. But is that universally true in the eyes of the law? The short answer is: not always. While pedestrians do benefit from special legal protections in most places, their right of way depends on factors like location, traffic signals, and local regulations. Let's explore when pedestrians typically have the right of way, the important exceptions to be aware of, and how these rules can affect liability in an accident.

1. The Concept of the “Right of Way”

“Right of way” refers to legal precedence in traffic—who can proceed first in a given situation. The key purpose is to maintain order and safety on roads and sidewalks.

• Drivers and Pedestrians: Where vehicles meet foot traffic—such as crosswalks and intersections—rules exist to clarify who yields.
• Pedestrian Protection: Because pedestrians are more vulnerable in collisions, many jurisdictions have special laws favoring pedestrian safety (e.g., stiffer penalties for drivers who fail to yield).

However, these protections are not unlimited. The assumption that pedestrians can simply walk anywhere, anytime, and in any manner without liability is a very common misconception.

2. Where Pedestrians Typically Have the Right of Way

While laws differ by state and municipality, a few general principles apply in most regions:

1. Marked Crosswalks: Pedestrians usually have the right of way when crossing in a marked or painted crosswalk—especially if there is a “Walk” signal. Drivers must yield and remain stopped until pedestrians have fully cleared the crosswalk.
2. Unmarked Crosswalks (at Intersections): An unmarked crosswalk is often legally recognized at intersections even if it isn't painted on the pavement. In many jurisdictions, pedestrians have the right of way there, too—though this can be less clear to drivers.
3. Pedestrian-Controlled Signals: If there's a pedestrian signal (for instance, a button to activate a “Walk” or “Don't Walk” light), pedestrians with a white “Walk” signal generally have the right of way.

3. The Exceptions (and Responsibilities) Pedestrians Face

Despite these general rights, pedestrians cannot ignore traffic rules without consequence. Here are some scenarios where the pedestrian's right of way may be limited:

1. Jaywalking

   • Definition: Crossing the street outside of a crosswalk (marked or unmarked) or disregarding traffic signals.
   • Legal Consequences: In places that treat jaywalking as an infraction, a pedestrian may be ticketed. More importantly, if a pedestrian is struck by a vehicle while jaywalking, it could complicate potential injury claims, because the pedestrian could be found partially or fully at fault.

2. Crossing Against the Light

   • Pedestrians do not have the right of way if they enter the crosswalk when the “Don't Walk” or red hand signal is displayed. This also applies to ignoring a red traffic light at an intersection.
   • If a driver collides with a pedestrian crossing illegally against a traffic signal, the pedestrian might bear partial or full responsibility in some cases.

3. Emerging Unexpectedly

   • If a pedestrian darts out between parked cars or steps onto the road where a driver has no time to react, the pedestrian may be held at least partially liable for an accident.
   • Most jurisdictions require pedestrians to use reasonable care for their own safety—this includes making themselves visible and avoiding sudden movements into traffic.

4. Restricted Areas

   • In many states, highways or certain roadways are off-limits to pedestrians altogether. Walking in these areas could expose a pedestrian to both traffic citations and liability if an accident occurs.

4. Shared Responsibility in Accidents

Just as drivers must obey speed limits and yield signs, pedestrians must also follow crossing signals and use designated crosswalks where possible. In legal disputes after an accident, courts look at multiple factors:

• Comparative Negligence (California): Some states use a system where fault is apportioned between parties. If a pedestrian was texting while stepping into a crosswalk against the light, they might share some blame. This can reduce the damages they can recover, or in some cases, bar recovery altogether if they are found more than 50% responsible (depending on the state).
• Contributory Negligence: A minority of states, such as Alabama, Maryland, North Carolina, Virginia, and D.C., employ a rule where if the pedestrian is even 1% at fault, they cannot recover damages at all.
• Evidence Gathering: Police reports, eyewitness accounts, and video footage can all affect the determination of fault.

5. Why Pedestrian Safety is Everyone's Responsibility

Regardless of who has the legal right of way, the safest approach is for both drivers and pedestrians to exercise caution:

• For Drivers:

  • Stay alert near intersections and crosswalks.
  • Slow down and watch for people crossing, especially in busy urban areas or during inclement weather.
  • Avoid distractions like texting or fiddling with in-car devices.

• For Pedestrians:

  • Use sidewalks and crosswalks where available.
  • Make eye contact with drivers when possible to ensure they see you.
  • Obey “Walk” and “Don't Walk” signals, and look both ways before stepping off the curb—even if you have the legal right of way.

6. What to Do If You're Involved in a Pedestrian-Vehicle Accident

If you've been hit by a vehicle while walking—or if you're a driver who has struck a pedestrian—there are steps to take immediately:

1. Seek Medical Attention: Pedestrians often suffer serious injuries in collisions. Getting prompt medical care is vital for health and legal documentation.
2. Collect Information: Exchange contact and insurance details, take photos of the scene, note witness information, and gather any video evidence that might exist nearby (e.g., surveillance cameras).
3. Contact Authorities: File a police report. An official record can be crucial if you decide to pursue a personal injury claim (or if one is brought against you).
4. Consult a Personal Injury Attorney: A lawyer can help determine who was at fault, navigate insurance negotiations, and represent your interests if a lawsuit arises.

7. Common Misconceptions

• “Pedestrians Can Cross Anywhere, Anytime.”
  • Not true. Pedestrians must comply with local traffic laws or risk being deemed partially at fault in an accident.
• “Drivers Are Always at Fault.”
  • Also not true. Liability depends on the specifics of the incident, which includes both driver and pedestrian behavior at the time of the collision.
• “A Driver Must Always Come to a Complete Stop for a Pedestrian, Even Outside a Crosswalk.”
  • While drivers often must yield to pedestrians in or at crosswalks, pedestrians crossing outside of crosswalks may not have automatic right of way. Still, drivers are expected to exercise caution to avoid collisions whenever possible.