Staying In Your Lane Isn't Just About Cars

What do you think about when you're driving out and about?

Me?  I think about crazy pedestrians who jump off the curb and right out in front of me when I'm driving.

Well, at least I do now given that the other day while I was driving along listening to David Bowie sing about Modern Love, a kid on a skateboard and head buried in his cell phone jumped off the curb and into my lane mere seconds in front of my car!!!

No crosswalk and no traffic lights around for at least 200 feet.

Nope, kid just decided that specific location (which just happened to be right in front of my car) was where he was going to cross the street and were it not for my cat-like reflexes (and my brakes), that kid would have been a greasespot on the asphalt.

Yeah, I think about crazy pedestrians a lot, these days. 

The thing is, while most people think that pedestrians always have the right of way, I got to wondering if that is the case in every case?

Turns out pedestrians only have the right of way if they're following the rule of law.

Wait - rule of law?  What's that?!

At its core, the rule of law is the principle that:  Everyone—citizens and government alike—is bound by publicly known, consistently applied laws, enforced through fair procedures.

A few key pieces make that real (often discussed in constitutional law):

• No one is above the law (not even police or officials)

• Laws are clear and predictable so people can follow them

• Equal application—similar situations are treated similarly

• Due process—fair procedures before punishment

• Independent courts to interpret and apply the law

In the United States, these ideas are grounded in the Constitution especially through due process and equal protection principles.

So, what is the rule of law as it applies to pedestrians?

The rule of law doesn’t treat pedestrians as a special class that always “wins.”  Instead, it creates defined rules for everyone using the road—drivers and pedestrians—and holds both accountable.

As this all relates to pedestrians, under state traffic laws,  pedestrians have certain legal duties.  The same body of law that imposes liabilities on drivers also imposes obligationus on pedestrians such as:

• Pedestrians must yield when crossing outside a crosswalk (jaywalking laws)

• Pedestrians must obey traffic and pedestrian signals

• Pedestrians must not step into traffic creating an immediate hazard

This is the rule of law limiting pedestrian behavior.

Notwithstanding the general principle that cars (and other vehicles) must yield to pedestrians, what are some ways in which pedestrians do not have the right of way and should be looking out for vehicles?

1. Crossing outside a crosswalk (“jaywalking”)

Jaywalking is the act of pedestrians crossing a street illegally or unsafely, typcially outside of a designated crosswal, mid-block, or against traffic signals.   It is a traffic violation in many jurisdictions, intended to ensure road safety by directing foot traffic to marked intersections.  

 

For example, Utah's jaywalking statute can be found in Utah Code § 41-6a-1003(1) and states that pedestrians may not cross anywhere other than a marked or unmarked crosswalk.

 

Other similar state statutes include:

• Alabama Code § 32-5A-212 (2024): Pedestrians crossing outside a crosswalk
• § 32-5A-210: Must obey signals
• § 32-5A-211(b): Cannot step into traffic creating an immediate hazard

• Florida Stat. § 316.130: Pedestrians must yield to vehicles outside of a crosswalk, must obey pedestrian signals, and cannot suddenly leave curb into traffic.

• North Carolina Gen. Stat. § 20-174: Pedestrian must yield to vehicles outside of crosswalk and cannot walk into path of close vehicle.  

• Arizona Rev. Stat. § 28-793: Pedestrians must yield to vehicles outside of crosswalk, must use crosswalks when available between intersections, and no diagonal crossing unless allowed.

• Nebraska Rev. Stat. § 60-6,153: Pedestrian must yield right-of-way out of crosswalks, must obey traffic signals, cannot suddenly enter roadway. 

• South Dakota Codified Laws § 32-27-4:  When crossing outside a crosswalk in business/residential areas, must yield to vehicles.

2. Ignoring available crossing infrastructure

Ignoring available crossing infrastructure means a pedestrian chooses not to use a provided safe/legal crossing (like a crosswalk or pedestrian bridge) and instead crosses the road somewhere else.

This usually includes:

• Marked crosswalks (painted lines)

• Unmarked crosswalks at intersections

• Traffic signals / pedestrian signals

• Pedestrian bridges or tunnels

• Designated crossing zones (like school crossings)

For example:  Utah Code § 41-6a-1003(2): A pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing is provided must yield the right-of-way to all vehicles on the roadway.

 

Other related state statutes include:

• Ohio Rev. Code § 4511.48: If there’s a designated crossing nearby, you can’t just cross anywhere you want.

• California Vehicle Code § 21955: Between adjacent intersections controlled by traffic signals or police officers, pedestrians shall not cross the roadway except in a crosswalk. 

• Washington RCW 46.61.240 & RCW 46.61.235: Pedestrians crossing outside crosswalks must yield to vehicles. Where adjacent intersections have signals, pedestrians must use crosswalks.

3. Crossing against traffic signals

Crossing against traffic signals means that when a pedestrian enters or continues crossing a roadway when the traffic control signal says they should NOT cross the street.  While covered in related sections (e.g., pedestrian signal laws), the general rule is:  Where a pedestrian is crossing on a “Don’t Walk” signal, the pedestrian is violating the law and they have no right of way.

 

Related state statutes include:

 

New York Vehicle & Traffic Law § 1112 states that when the sign says:

• “Walk” → pedestrian may proceed

• Flashing “Don’t Walk” → may finish crossing, but should not start

• Steady “Don’t Walk” → must not enter the roadway

Massachusetts Gen. Laws ch. 89, § 11: Where traffic signals exist, pedestrians may only cross in accordance with them.  Entering on “Don’t Walk” = unlawful crossing.

Indiana Code § 9‑21‑17‑2 notes that:

• Flashing or steady “Walk” → a pedestrian may proceed across the roadway in the direction of the signal, and vehicles must yield.

• Steady “Don’t Walk” → a pedestrian may not start to cross the roadway in that direction.

• Flashing “Don’t Walk” → a pedestrian may not start to cross; if already crossing on “Walk,” they must proceed to the sidewalk or safety island.

4. Stepping into traffic suddenly (immediate hazard)

Stepping into traffic suddenly (immediate hazard) means a pedestrian leaves a place of safety (like a curb) and enters the roadway so abruptly that a nearby driver cannot reasonably stop or avoid them.  

 

In that situation, the pedestrian is violating the traffic laws and typically must yield the right-of-way because they created a dangerous, unavoidable condition. 

 

Utah Code § 41-6a-1002(1)(c) states that a pedestrian may not suddenly leave a place of safety and enter the path of a vehicle that is too close to stop.  Even in a crosswalk, this can remove right-of-way protection.

 

Related state statutes:

Oregon Revised Statutes § 814.040:  says a pedestrian commits a traffic offense if they:

(a) Suddenly leave a curb or other place of safety and move into the path of a vehicle that is so close as to constitute an immediate hazard
(b) Fail to yield to vehicles when crossing outside crosswalks
(c) Fail to yield the right-of-way generally

Montana Code Annotated § 61‑8‑502 states:

When signals are not in place, drivers must yield to pedestrians in crosswalks, but a pedestrian may not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close that it is impossible for the operator to yield

Rhode Island General Laws § 31‑18‑3 provides:

Drivers must yield to pedestrians in crosswalks when signals aren’t operating, but no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.

5. Crossing where crossing is restricted

“Crossing where crossing is restricted” means a pedestrian enters or crosses a roadway at a location or in a manner that the law specifically prohibits, such as between intersections with traffic signals, on highways, or in areas marked “No Crossing.” Violating these restrictions removes the pedestrian’s right-of-way and can be treated as a traffic violation. 

 

Utah Code § 41-6a-1003(3)–(4): provides that pedestrians are not permitted to cross between signalized intersections except at crosswalks and no diagonal crossing unless allowed by signal

 

Related state statutes include:

Mississippi Code § 63‑3‑1105 states that:

• A pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection must yield the right‑of‑way to all vehicles.
• A pedestrian crossing where a pedestrian tunnel or overhead crossing is provided must yield the right‑of‑way to vehicles.
• Between adjacent intersections at which traffic control signals are in operation, pedestrians shall not cross except in a marked crosswalk. 

Arkansa Code § 27‑51‑1204: provides that between adjacent intersections at which traffic control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.  

Michigan Comp. Laws § 257.613:  

• Pedestrians facing traffic control signals may only proceed within a marked or unmarked crosswalk when the signal permits, and cannot legally start crossing outside of that.

General Michigan pedestrian rules (public guidance)

• Pedestrians are expected to use crosswalks at signalized locations and not cross in unsafe, unmarked mid‑block areas when signalized crossings are available.

6. General principle: pedestrians only have "conditional" right of way

Even where pedestrians usually have priority (like crosswalks), the law still limits them and:

• Drivers must yield only when the pedestrian is lawfully in the crosswalk

• That duty disappears if the pedestrian acts unpredictably, violates crossing rules, and creates an immediate hazard

I guess the moral to this story is pedestrians do NOT have the right of way when they:

• 🚫 Jaywalk

• 🚫 Ignore signals

• 🚫 Step into traffic suddenly

• 🚫 Cross where prohibited

• 🚫 Fail to use designated crossings

 

But drivers should still probably try to avoid collisions and can still be partially liable if they run over people in the roadway.

Too bad, that.