Q: In CA when a Vehicle stops in stop sing and person in crosswalk is halfway there can the vehicle go if no threat of inju
my friend got pulled over and the officer said that the pedestrian needed to be all the way accross the street in order for him to go he got a ticket even though the pedestrian was at a safe distance helf way across the street past the middle line. is this true
A: Oncoming pedestrian, it is true, with one exception, if the roadway is divided, with a median built in and the pedestrian has not reached that median, you could make your right turn, in most situations. You are not failing to yield to the ped if they are in front of traffic going the other way. Median means a raised divider, not just a double yellow line. AND if the pedestrian is going the same direction as you are, it is a violation to go behind them and not let them go all the way across the middle of the street. What if there is a child and they drop something and dart back. Thank you for using Justia's Ask a Lawyer, but don't rely on what you are told here, consult a local attorney who will obtain all the facts from you and review your documents.
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A:
In California, the law states that drivers must yield the right-of-way to pedestrians who are crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection. The driver must wait until the pedestrian has completely crossed the driver's lane before proceeding.
According to California Vehicle Code Section 21950(a):
"The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter."
The law does not specify that the pedestrian must be completely across the street before the driver can proceed. Instead, it requires the driver to wait until the pedestrian has crossed the driver's lane. If your friend proceeded while the pedestrian was still in his lane, even if the pedestrian was past the middle line, the officer may have determined that your friend violated the law.
However, traffic tickets can be contested in court if your friend believes that the pedestrian was at a safe distance and that he did not violate the law. It would be best for your friend to consult with a traffic attorney to discuss the specific details of the case and determine the best course of action.
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