It's the Law - Pedestrian Related Violations

By Richard Hannibal

Morro Bay has seen an increase in pedestrian related traffic violations. This is obviously a serious matter when 150 pounds of soft flesh meets three thousand pounds of glass, rubber and steel. There are good aspects and bad aspects to living in a small town. Yes, the kicked-back atmosphere is wonderful. But, along with that comes a hap-hazard, lackadaisical attitude towards driving and walking around the city.

One of the primary violations related to pedestrians are vehicles failing to stop for them in crosswalks. Contrary to popular belief, a cross walk is not just parallel white lines painted in the street. California Vehicle Code section 275 defines a ‘crosswalk’ as the prolongation of sidewalks at intersections where the roadways meet at approximately right angles. And, they can be marked or unmarked.

Vehicle Code section 21950 dictates that any time a pedestrian is walking across the street at a marked or unmarked crosswalk (not an alley), the pedestrian has the right-of-way over vehicular traffic and cars must stop and yield to the pedestrian

Of course, the law does not relieve a pedestrian from the duty of using due care for his or her safety. And, 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. In addition, no pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.

A very dangerous violation occurs when a vehicle overtakes a vehicle stopped for a pedestrian in a crosswalk. Vehicle Code section 21951 states: Whenever any vehicle has stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.

Other Pedestrian Related Laws

Vehicle Code section 21952 states: The driver of any motor vehicle, prior to driving over or upon any sidewalk, shall yield the right-of-way to any pedestrian approaching thereon.

Vehicle Code section 21954(a) states: Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard.

Vehicle Code section 21956(a) states that pedestrians, outside of a business or residence district, must walk on their left-hand edge of the roadway (towards oncoming traffic). The (b) section states: A pedestrian may walk close to his or her right-hand edge of the roadway (with traffic flow) if a crosswalk or other means of safely crossing the roadway is not available or if existing traffic or other conditions would compromise the safety of a pedestrian attempting to cross the road. (This still does not explain why the chicken crossed the road)

Vehicle Code section 21957 prohibits standing in the roadway for the purpose of soliciting a ride from the driver of any vehicle (No hitchhiking).

Vehicle Code section 21955 is the "jay-walking" section that prohibits pedestrians from crossing the roadway between adjacent intersections controlled by traffic control signal devices or by police officers, except in a crosswalk. So, if there are no traffic signals or traffic directing police officers at adjacent intersections you can, when safe, cross a roadway in the middle of the block.