Do I have to stop for a pedestrian who has not entered the crosswalk.

[jamiekeller]

California

I got ticked for not stopping for a pedestrian.

Here's what happened:

I was driving to work and saw a pedestrian not in the crosswalk and not moving, so I drove on. There is a park right beyond where the crosswalk is, and there are frequently little kids on the street waiting for their mothers to park.

So, again, I checked the pedestrian who was not moving and then focused on the road ahead.

The officer said the pedestrian had started, but went back when she saw me. All I saw was a pedestrian on the sidewalk.

I have filed a TRW, but if my case isn't viable,, I'm thinking I should just withdraw the TWR and go to traffic school.

Any help would be greatly appreciated.

Thanks,
Jamie
[email protected]What is the name of your state (only U.S. law)?

 

[CdwJava]

In general the pedestrian has to be within the crosswalk for you to be required to yield per 21950(a). When you go to court, you can say your side and the officer will say his. The judge will make a determination based upon those statements and any additional evidence presented.

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.​

There is no clear and objective definition of what "crossing the roadway" is, but the section does state that a driver must exercise "due care" and "yield the right of way" to a pedestrian crossing in the crosswalk. Unless the officer can articulate that the pedestrian had to leap back to the curb, you should stand a good chance of prevailing at trial. But, that choice is up to you.

- Carl