A pedestrian walks into a crosswalk against a red light. Approaching car stops. Who had the right of way?

Question

I can't even get cops to give me consistent answers. One says "The Pedestrian ALWAYS has the Right of Way", another says if the pedestrian was in violation of a "Don't Walk" signal, the the pedestrian was wrong, but if there had been a collision, then BOTH parties are in the wrong, another says if the pedestrian was jaywalking then it'd the pedestrian's fault if he/she gets hit - Is this a completely subjective question?

Answer 1

Right of way is not something you "have", it is something you "yield". In all cases, the automobile is required to "yield" the right of way to the pedestrian, even if they are crossing illegally.

Answer 2

This seems like a lose-lose situation. It's true that a pedestrian should always have the right of way, but in this scenario, the pedestrian is violating a rule. In this particular case, I would say that the car had the right of way since they had the green light, and the pedestrian clearly had a red light. If there were to be a collision, I think that the driver of the car would be the person who would be blamed. Why? Because we have a very interesting justice system.

Answer 3

Ok, I'm a Highway Patrol Officer for NYC, and I'm constantly responding to accidents where pedestrians have been hit by cars and the ever popular question is: who had the right of way?

The truth is, if the pedestrian is facing a red signal or a "Don't Walk" sign and the vehicle is facing a green light/green arrow then the vehicle has the right of way except for the law that says vehicle operator should exercise due care to avoid collisions with pedestrians.

However, in my opinion, if a pedestrian walks out into the roadway and they didn't have the right-of-way and they got hit, I wouldn't give a ticket to the driver, even though I could legally. Unfortunately most pedestrians don't survive their encounters with motor vehicles here in NYC.

Answer 4

You just can't hit a pedestrian because they are crossing against the light. The pedestrian has the right of way in a crosswalk or not. Yes they can get ticketed for jaywalking if they aren't in the crosswalk, but a driver has the duty to avoid hitting a pedestrian.

Answer 5

The car yields to the jaywalking ped because it he doesn't, then he hits the ped and he has to pay top $$$ for hitting. If you hit you are in the wrong. The ped has the right of way because he is seen as a more vulnerable target on the road (although some places in Canada claim that the car should always have the right of way because it's bigger, and since peds get a birds' eye view of everything happening in traffic, they should yield.)
I understand where you're coming from, but you can't change the mentality behind the Highway Safety Code unless you get elected to do so.

Answer 6

Yes, it is subjective. What if the pedestrian were blind and deaf? They would have no idea the light was there. You as the driver should be in complete control of your vehicle and aware of your surroundings at all times. You need to expect the unexpected and drive defensively to avoid an accident. When you think of the right of way rule it says, you have the right of way but never insist on it. That means it will never be in your favor in the case of an accident.

Answer 7

If the pedestrian walks against a red light, he is violating the traffic rules. But even so, if you are driving and you saw him crossing, you should stop to avoid hitting him.

Answer 8

The Pedestrian ALWAYS has the Right of Way

Answer 9

SIf the pedestrian walks against a red light then HE is wrong.
The one with the green light has the rightaway. ALTHO to
avoid enjury the car was right. where safety is concerned
avoid enjury and accident.

Answer 10

If you have the last chance to avoid a collision, he has the right of way by virtue of being the most vulnerable to injury. If he jumps out in front of you with no time to react, there is no right of way, only a catastrophic collision.