Understanding Crosswalk Laws
Crosswalk laws determine who has the right-of-way and can significantly affect liability in pedestrian accident cases.
Key Crosswalk Concepts
#Marked vs. Unmarked Crosswalks
In most states, crosswalks exist at every intersection, whether marked with paint or not. An "unmarked crosswalk" is the natural extension of the sidewalk across the intersection.
#States Where Every Intersection is a Crosswalk
- California
- Oregon
- Washington
- And most other states
#Driver Duties at Crosswalks
In virtually all states, drivers must:
- Yield or stop for pedestrians in crosswalks
- Not overtake vehicles stopped for pedestrians
- Exercise due care to avoid hitting pedestrians
Strong Crosswalk Law States
These states have particularly strong pedestrian protections:
**California** - Every intersection is a crosswalk. Drivers must yield to pedestrians in any crosswalk, marked or unmarked.
**New York** - Drivers must yield to pedestrians in crosswalks. NYC has additional local protections.
**Oregon** - Every intersection is a crosswalk. Drivers must stop, not just slow down.
**New Jersey** - Drivers must stop and remain stopped for pedestrians. Heavy fines for violations.
**Maine** - Strong crosswalk laws with significant fines for failure to yield.
Pedestrian Duties
Even with right-of-way, pedestrians typically must:
- Not suddenly leave a curb into the path of a vehicle
- Obey traffic signals where present
- Use crosswalks where available within reasonable distance
- Exercise due care for their own safety
How Crosswalk Laws Affect Your Case
#If You Were in a Crosswalk
- Clear right-of-way supports your claim
- Driver has duty to yield
- Liability usually favorable to pedestrian
#If You Were Outside a Crosswalk
- May need to prove driver still was negligent
- Comparative fault may reduce your recovery
- Driver still has duty of due care
#Jaywalking
- Crossing outside a crosswalk doesn't automatically bar your claim
- Driver still must exercise reasonable care
- Comparative negligence may apply
#
Marked vs. Unmarked Crosswalks
In most states, crosswalks exist at every intersection, whether marked with paint or not. An "unmarked crosswalk" is the natural extension of the sidewalk across the intersection.
#States Where Every Intersection is a Crosswalk
- California
- Oregon
- Washington
- And most other states
#Driver Duties at Crosswalks
In virtually all states, drivers must:
- Yield or stop for pedestrians in crosswalks
- Not overtake vehicles stopped for pedestrians
- Exercise due care to avoid hitting pedestrians
Strong Crosswalk Law States
These states have particularly strong pedestrian protections:
**California** - Every intersection is a crosswalk. Drivers must yield to pedestrians in any crosswalk, marked or unmarked.
**New York** - Drivers must yield to pedestrians in crosswalks. NYC has additional local protections.
**Oregon** - Every intersection is a crosswalk. Drivers must stop, not just slow down.
**New Jersey** - Drivers must stop and remain stopped for pedestrians. Heavy fines for violations.
**Maine** - Strong crosswalk laws with significant fines for failure to yield.
Pedestrian Duties
Even with right-of-way, pedestrians typically must:
- Not suddenly leave a curb into the path of a vehicle
- Obey traffic signals where present
- Use crosswalks where available within reasonable distance
- Exercise due care for their own safety
How Crosswalk Laws Affect Your Case
#If You Were in a Crosswalk
- Clear right-of-way supports your claim
- Driver has duty to yield
- Liability usually favorable to pedestrian
#If You Were Outside a Crosswalk
- May need to prove driver still was negligent
- Comparative fault may reduce your recovery
- Driver still has duty of due care
#Jaywalking
- Crossing outside a crosswalk doesn't automatically bar your claim
- Driver still must exercise reasonable care
- Comparative negligence may apply
- California
- Oregon
- Washington
- And most other states
#
Driver Duties at Crosswalks
In virtually all states, drivers must:
- Yield or stop for pedestrians in crosswalks
- Not overtake vehicles stopped for pedestrians
- Exercise due care to avoid hitting pedestrians
Strong Crosswalk Law States
These states have particularly strong pedestrian protections:
**California** - Every intersection is a crosswalk. Drivers must yield to pedestrians in any crosswalk, marked or unmarked.
**New York** - Drivers must yield to pedestrians in crosswalks. NYC has additional local protections.
**Oregon** - Every intersection is a crosswalk. Drivers must stop, not just slow down.
**New Jersey** - Drivers must stop and remain stopped for pedestrians. Heavy fines for violations.
**Maine** - Strong crosswalk laws with significant fines for failure to yield.
Pedestrian Duties
Even with right-of-way, pedestrians typically must:
- Not suddenly leave a curb into the path of a vehicle
- Obey traffic signals where present
- Use crosswalks where available within reasonable distance
- Exercise due care for their own safety
How Crosswalk Laws Affect Your Case
#If You Were in a Crosswalk
- Clear right-of-way supports your claim
- Driver has duty to yield
- Liability usually favorable to pedestrian
#If You Were Outside a Crosswalk
- May need to prove driver still was negligent
- Comparative fault may reduce your recovery
- Driver still has duty of due care
#Jaywalking
- Crossing outside a crosswalk doesn't automatically bar your claim
- Driver still must exercise reasonable care
- Comparative negligence may apply
These states have particularly strong pedestrian protections:
**California** - Every intersection is a crosswalk. Drivers must yield to pedestrians in any crosswalk, marked or unmarked.
**New York** - Drivers must yield to pedestrians in crosswalks. NYC has additional local protections.
**Oregon** - Every intersection is a crosswalk. Drivers must stop, not just slow down.
**New Jersey** - Drivers must stop and remain stopped for pedestrians. Heavy fines for violations.
**Maine** - Strong crosswalk laws with significant fines for failure to yield.
Pedestrian Duties
Even with right-of-way, pedestrians typically must:
- Not suddenly leave a curb into the path of a vehicle
- Obey traffic signals where present
- Use crosswalks where available within reasonable distance
- Exercise due care for their own safety
How Crosswalk Laws Affect Your Case
#If You Were in a Crosswalk
- Clear right-of-way supports your claim
- Driver has duty to yield
- Liability usually favorable to pedestrian
#If You Were Outside a Crosswalk
- May need to prove driver still was negligent
- Comparative fault may reduce your recovery
- Driver still has duty of due care
#Jaywalking
- Crossing outside a crosswalk doesn't automatically bar your claim
- Driver still must exercise reasonable care
- Comparative negligence may apply
#
If You Were in a Crosswalk
- Clear right-of-way supports your claim
- Driver has duty to yield
- Liability usually favorable to pedestrian
#If You Were Outside a Crosswalk
- May need to prove driver still was negligent
- Comparative fault may reduce your recovery
- Driver still has duty of due care
#Jaywalking
- Crossing outside a crosswalk doesn't automatically bar your claim
- Driver still must exercise reasonable care
- Comparative negligence may apply
- May need to prove driver still was negligent
- Comparative fault may reduce your recovery
- Driver still has duty of due care
#
Jaywalking
- Crossing outside a crosswalk doesn't automatically bar your claim
- Driver still must exercise reasonable care
- Comparative negligence may apply
Key Takeaways
- Most states consider every intersection a crosswalk
- Drivers must yield to pedestrians in crosswalks
- Crossing outside a crosswalk doesn't eliminate your rights
- Strong crosswalk states include CA, NJ, OR, ME
- Pedestrians still have duties even with right-of-way
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