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This question WAS answered at http://answers.yahoo.com/question/index;_ylt=AnyWjoXPcaxO7yxnQ8SYCG4jzKIX?qid=20060816061020AAlwDz4 but it was closed; and as laws are subject to change, the question should've been left open.

2007-06-11 05:47:41 · 13 answers · asked by Uncle MythMan 3 in Cars & Transportation Safety

A Car Hit Me when I was 14. Nearly killed me (not like 'a bullet that missed,' but like one that hit me ... I did die, but not for long enough to be 'legally dead' or whatever). And I am seriously messed up because of it. I need reparations. (More than just the 'bare minimum'-settlement I received from the motorist at fault!)

2007-06-12 09:35:23 · update #1

13 answers

Pedestrians always have the right of way regardless of the situation. If you hit someone, you are automatically at fault regardless of what the pedestrian is doing.

2007-06-11 05:56:15 · answer #1 · answered by Mike T 3 · 2 5

It is a widespread myth that pedestrians always have the right of way. It simply is not true. Unfortunately, some of the people who have answered your question are perpetuating the myth.

Pedestrians must cross at marked crosswalks or at unmarked crosswalks at intersections. However, just because there is a crosswalk does not mean the pedestrian can waltz into the middle of the street. In fact, the pedestrian must wait for traffic to clear before crossing. Then, once in the crosswalk legally, the pedestrian has the right of way.

Logicalgal, you need to brush up on your knowledge of the law and what "right-of-way" means.

2007-06-12 21:07:44 · answer #2 · answered by Ryan R 6 · 6 0

There are pedestrian laws in the Highway Safety Act in most places in North America.
Yes, pedestrians have the right of way if they walk out in front of you when jaywalking. They also have the right of way in all marked or unmarked crosswalk areas (anywhere two roads intersect).
Common sense also dictates that pedestrians should take some responsibility for their own safety.
Remember learning to point and walk when you were in grade one? If everyone did that there would be no question from a driver's point of view that the pedestrian was crossing.

2007-06-15 16:19:03 · answer #3 · answered by logicalgal 6 · 1 1

Pedestrians have the right of way in uncontrolled crosswalks. Period. End of discussion. That is one law that does not change. Uncontrolled crosswalks, by the way, simply means a crosswalk that isn't governed by a traffic light. '
However, common sense dictates that the average automobile outweighs the average pedestrian, and for the few seconds you have to pause to let a pedestrian get across the road, there's no point in trying to prove you have the right of way when a pedestrian crosses somewhere else than in the crosswalk.

2007-06-11 05:58:09 · answer #4 · answered by old lady 7 · 5 2

Laws vary from nation to nation. The U.S. and Canada have jaywalking laws. Some nations allow pedestrians to cross roads without control. Within the U.S., laws vary from jurisdiction to jurisdiction. In situations in which pedestrians illegally hinder motor traffic, they are breaking the law, but, to in any way endanger pedestrians while in a moving vehicle is a much more serious crime than jaywalking. It's like coming across looters and shooting at them. The crime of firing upon looters will be punished twenty to thirty times harsher (jail time) than will be the crime of looting. Breaking the law, such as in jaywalking, does not give motor vehicle operators "permission" or the "right" to endanger jaywalkers by proceeding through them or near them in moving vehicles. "Arresting" or stopping criminal behavior is done by the police. Until jaywalkers are lawfully made to vacate a roadway, vehicle traffic must remain "blocked" and still. "Bumping", harming or killing a pedestrian with a motor vehicle are serious crimes. Assault, manslaughter and murder charges will be made and the operator of the motor vehicle will also be open to civil suits. No traffic situation outweighs the safety or life of a pedestrian.

2007-06-11 06:34:38 · answer #5 · answered by Anonymous · 1 1

Regardless of law or designation by lines, it is much easier for a person to stop than for vehicle. If you run into busy, fast street especially in low visibility or in the dark, you've just risked your own life. No law will magically shield you from tons of metal barreling down concrete paths.

2016-11-20 11:07:42 · answer #6 · answered by submax_cw 2 · 0 0

If you are jay-walking, and get hit by a car here, (Georgia) the driver does not get charged. If you cross at an intersection or a crosswalk, you have the right of way. Check with local laws and ordinances for your area.
I will invite other readers of your post to pray with me that you heal quickly, and get back to normal as soon as possible.

2007-06-18 00:39:28 · answer #7 · answered by Anonymous · 1 1

Pedestrians definitly have the right away. I am sorry for your life changing injury.
Maybe we all should pay more attention to our surroundings. Most accidents occur because of lack of responsibility and many can be avoided.

2007-06-18 12:07:29 · answer #8 · answered by katty 5 · 2 1

Pedestrians always have the right of way. When I am a pedestrian, I try to let the driver waiting for me that I appreciate his/her patience by waving and smiling.

2007-06-11 17:35:09 · answer #9 · answered by Laura S 2 · 2 2

No, they do not.
However, no one tells thier kids not to run out into traffic anymore. This bad parenting has been added to by the fact that drivers have the responsibility to avoid accidents in all cases. There are many laws regarding foot traffic that are ignored as a result.

If you step in front of a moving vehicle, you deserve to get hit. If that vehicle were a train, you'd be flattened.

2007-06-11 14:40:54 · answer #10 · answered by Firecracker . 7 · 4 4

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