failure to yield to a pedestrian

[Doubleube]

What is the name of your state (only U.S. law)? California

I was traveling down a street going the speed limit (around 40) and about 2 car lengths in front of me, a man stepped off the corner at a marked cross walk (it was a police "set up" by the way.) I had a taxi following behind me who was about 1 car length away from me. I was in the 2nd lane and made a judgment call to continue (since I wasn't near the man) and avoid the taxi rear ending me (he got a ticket too.)

If I fight this, can I argue I did this to avoid serious & immediate danger (of being hit by a car) and that my actions were safe & reasonable in the prevailing traffic conditions?

Also, is there a "safe" rate of speed to stop? Meaning, I would of had to slam on my breaks, in order to stop for him, which I think is not safe.

Thanks!What is the name of your state (only U.S. law)?

 

[ecmst12]

If slamming on your brakes is what you have to do to stop from hitting a PEDESTRIAN in a MARKED CROSSWALK, then it's a hell of a lot safer then the alternative. You should not have been concerned with what was going on behind you.

 

[JustAPal00]

If slamming on your brakes is what you have to do to stop from hitting a PEDESTRIAN in a MARKED CROSSWALK, then it's a hell of a lot safer then the alternative. You should not have been concerned with what was going on behind you.

He didn't hit the pedestrian! If I'm right, this is a common tactic by police to ticket drivers. The pedestrian steps onto the road at the crosswalk and then waits to see how many cars continue through the crosswalk. They are all ticketed.

As far as watching what is going on behind you, I disagree. A good driver is aware of what's happening all around their vehicle. In the late 80's I was driving on the Arizona State campus and saw a group of very beautiful young women walking down the sidewalk to my right. As I passed them, I looked up and saw traffic coming to an abrupt stop in front of me. I started to break and did a quick glance at my rear view and saw that the driver of the van coming up behind me was completely mesmorized by the same women. I swerved to the right and actually drove up onto the sidewalk. The van tried to break but plowed into the vehicle that had been stopped in front of me. When the police arrived my car was still on the sidewalk. The officer commented on how much worse it would have been if my car had been hit. He didn't ticket me for driving on the sidewalk!

 

[Banned_Princess]

I agree you should not be concerned with what is going on behind you, that is the guy behind you's job / problem.

Yes if your about to be hit by someone doing 50 while your at a light you should try to not be... so be aware of what's behind you. but as far as you driving, and seeing someone in the crosswalk, knowing police use that to create revenue, you should have stopped and collected insurance from whoever was too close to stop with you, or move out of your way.

 

[ecmst12]

Point mostly being, what's going on in front of you is more important. What you did accounted for BOTH. What OP did only accounted for the rear.

 

[JustAPal00]

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.
(b) This section does not relieve a pedestrian from the duty of
using due care for his or her safety. No pedestrian may suddenly
leave a curb or other place of safety and walk or run into the path
of a vehicle that is so close as to constitute an immediate hazard.
No pedestrian may unnecessarily stop or delay traffic while in a
marked or unmarked crosswalk.
(c) The driver of a vehicle approaching a pedestrian within any
marked or unmarked crosswalk shall exercise all due care and shall
reduce the speed of the vehicle or take any other action relating to
the operation of the vehicle as necessary to safeguard the safety of
the pedestrian.
(d) Subdivision (b) does not relieve a driver of a vehicle from
the duty of exercising due care for the safety of any pedestrian
within any marked crosswalk or within any unmarked crosswalk at an
intersection.



Here's what I have a problem with. When you enter a freeway you are required to yield to the existing traffic. If traffic is heavy, does that mean you're not allowed to enter the roadway until all the cars have passed? It seems we have two different definitions of what yield is.

 

[ecmst12]

Yield means you don't go until it's safe to proceed. Until there is a big enough gap in the traffic to allow your car in.

 

[JustAPal00]

Yield means you don't go until it's safe to proceed. Until there is a big enough gap in the traffic to allow your car in.

Right, so when a pedestrian is crossing a 4 lane road, there should be no need to wait until they have left the crosswalk like so many municipalities require!

 

[ecmst12]

I don't understand your question, but a pedestrian doesn't have to yield when in a crosswalk, cars must yield to the pedestrian.