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Yield to Pedestrian

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jkt1954

Junior Member
What is the name of your state (only U.S. law)? Massachusetts
My son has his learner's permit. He is a very careful driver. Last week he was driving through a MA suburb with a 20 mph speed limit. About 1/2 mi. before an intersection, we noticed a Police Officer pulling out of the station parking lot. He followed at about 400 yards. Just as we entered the rural town center, we noticed traffic stopping on the opposite lane and then, about 5 feet from the crosswalk, we noticed a woman stepping into the road. My son decided it was too late to abruptly stop, so continued on. The PO waited about 10 seconds and then put on his lights. He made my son sweat for about 15 minutes and then gave him a warning. My question is - do you have to stop as soon as that pedestrian's foot hits the pavement? I don't think that I would have stopped either. The pedestrian was at least 20 ft. from our car when we passed the crosswalk. Even if she had run across the street, she would not have been near our car. As far as we know, she did not have to hesitate at all. If the PO had given my son a ticket, could we have mounted a defense?What is the name of your state (only U.S. law)?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Massachusetts
My son has his learner's permit. He is a very careful driver. Last week he was driving through a MA suburb with a 20 mph speed limit. About 1/2 mi. before an intersection, we noticed a Police Officer pulling out of the station parking lot. He followed at about 400 yards. Just as we entered the rural town center, we noticed traffic stopping on the opposite lane and then, about 5 feet from the crosswalk, we noticed a woman stepping into the road. My son decided it was too late to abruptly stop, so continued on. The PO waited about 10 seconds and then put on his lights. He made my son sweat for about 15 minutes and then gave him a warning. My question is - do you have to stop as soon as that pedestrian's foot hits the pavement? I don't think that I would have stopped either. The pedestrian was at least 20 ft. from our car when we passed the crosswalk. Even if she had run across the street, she would not have been near our car. As far as we know, she did not have to hesitate at all. If the PO had given my son a ticket, could we have mounted a defense?What is the name of your state (only U.S. law)?
Why didn't you/your son react to the traffic being stopped? I mean, does it often happen that a whole group of cars stop for "no reason"?
 

Mass_Shyster

Senior Member
Massachusetts General Laws:
  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE XIV PUBLIC WAYS AND WORKS
  • CHAPTER 89 LAW OF THE ROAD
  • Section 11 Marked crosswalks; yielding right of way to pedestrians; penalty
Section 11. When traffic control signals are not in place or not in operation the driver of a vehicle shall yield the right of way, slowing down or stopping if need be so to yield, to a pedestrian crossing the roadway within a crosswalk marked in accordance with standards established by the department of highways if the pedestrian is on that half of the traveled part of the way on which the vehicle is traveling or if the pedestrian approaches from the opposite half of the traveled part of the way to within 10 feet of that half of the traveled part of the way on which said vehicle is traveling.
If your description is accurate, it must have been at least a four lane road in order for someone to be 20 feet from your lane.

If the officer wrote a ticket, you or your son (I'm really not sure who would receive the ticket) can probably fight it.
 

davew128

Senior Member
Zigner I think the issue being made was that the pedestrian (and the cars stopping) was on the other side of the street. The son didn't yield to the pedestrian insomuch as their was no reason to as long as she was on the other side of the street. Even in the courts there is no real consensus on what requires a vehicle to yield to a pedestrian beyond the pedestrian being in the street right by the vehicle.
 

jkt1954

Junior Member
Thanks

Yes, I was trying to make the point that the pedestrian was more than a car width away from our car. Thank you for the reply - having looked through the relevant laws, it seems that interpretation would be up to a magistrate. JKT
 

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