San Francisco, CA asked in Traffic Tickets for California

Q: Do you have to stop for a pedestrian on the sidewalk waiting to cross in a marked mid-block crosswalk?

I've researched that if they're in the crosswalk you need to yield, but if they have not stepped into the street is yielding necessary? Some mid-block crosswalks are on very busy roads and it seems unsafe to stop in the flow of traffic.

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2 Lawyer Answers
Kenneth Hallum
Kenneth Hallum
Answered
  • Traffic Tickets Lawyer
  • Santa Barbara, CA

A: You may have answered your own question. If a pedestrian is not in the crosswalk, rather still on the sidewalk then there is nothing to yield to. Becomes a question of fact, the pedestrian standing on the curb at the crosswalk waiting, or the pedestrian walking down the sidewalk then stepping quickly off the curb into the crosswalk. Right of way is not absolute, as you research you should discover that, for example a runner who darts into the roadway sprinting into a crosswalk, is that runner afforded the same right of way, probably not.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
PREMIUM
Answered
  • Criminal Law Lawyer
  • San Francisco, CA
  • Licensed in California

A: You have to yield when it reasonably appears that they're about to step into the crosswalk. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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