Do Pedestrians Always Have the Right of Way?

If a driver failed to yield the right of way to a pedestrian, the consequences could be calamitous. For this reason, pedestrians always have the right of way on the road. However, that is not to say that the right of way relieves pedestrians of the duty to proceed in a way that is conducive to the safety of everyone on the road. Pedestrians must cross in legally designated areas and exercise due care when walking, but ultimately, vehicles must stop for pedestrians regardless of whether they are walking legally. Drivers must do everything in their power to stop or at least slow down if a pedestrian crosses their path.

Distinguishing Right of Way from Liability

Although pedestrians may always have the right of way in traffic scenarios, that does not mean they are absolved of all liability for any accidents they cause. State laws make it clear where and when pedestrians may cross roadways legally. Typically, state laws prohibit pedestrians from getting so close to a vehicle as to create an immediate hazard and from stopping or delaying traffic in a marked or unmarked crosswalk. Jaywalking or crossing in an unsafe manner (e.g., darting out in front of a vehicle unexpectedly) would likely place the liability for the accident on the pedestrian, not the driver.