Davis Law Group, P.S.

Automobile Driver Duties for Pedestrian Safety

The duty of a motorist towards pedestrians is at all times to exercise ordinary care, remain observant, and to respect the right of way of others. This is particularly important if the driver sees a pedestrian who is a child or who is obviously confused or incapacitated. The driver must not only take all reasonable and proper precautions to avoid a collision, but must also give an adequate warning by blowing his horn. Drivers must also be aware that some communities have the power to designate certain roads as areas where pedestrians have the right of way over vehicles and as such must be prepared to act accordingly.

Stopping for Pedestrians

Unless otherwise indicated by signals or signs, a driver approaching an intersection must yield to a pedestrian in a crosswalk. He must slow to a complete stop and remain stopped so long as the pedestrian is within one lane of the half of the side of the road where the vehicle is either stopped or is going to turn.

Overtaking Pedestrians

When a driver is overtaking another vehicle that has stopped at an intersection for a pedestrian, the driver may not continue to overtake. She must also stop and allow the pedestrian to cross the roadway in a safe manner.

Approaching Blind Pedestrians

Drivers must be especially careful when approaching a pedestrian who may be blind or whose vision is severely impaired. A pedestrian who is carrying a white or mostly white cane or is using a guide dog is a clear indication that the pedestrian is blind or visually impaired and the driver should act carefully to avoid an accident. Remember that blind pedestrians always have the right of way, regardless of circumstances. This is true if the pedestrian is signaling his intention to cross by (for example) waving a white cane or using a guide dog-or even if he fails to do so. Such a failure does not deprive a blind pedestrian of the right of way.

Notably, drivers of hybrid or electric vehicles may make much less noise than drivers of gas powered vehicles and therefore must take greater efforts to warn blind pedestrians of their approach. Operators of such vehicles should remain aware of this hazard and approach blind pedestrians with particular caution.

Signal not in Operation

There are times when, owing to damage or power outages, a traffic signal stops operating. If this happens at an intersection and the signals aren't replaced by a temporary signal, policeman, or flagger, then the intersection is regarded as an uncontrolled four-way stop. When approaching an uncontrolled intersection, a driver must exercise due care to make sure that any pedestrian in, or attempting to enter into, a crosswalk, is given the proper right of way.