Not yielding to a pedestrian

[Brushrop03]

What is the name of your state? GA

I was going down a major street at around 6am. I was in the far left lane. I had the green light and saw the pedestrian in the crosswalk. I slowed down to a speed where he would no longer be in the path. He was walking from my right to left. I moved over as far as I could in the lane (didnt want to switch at the intersection). The cop was sitting at the same light on my right hand side. He was actually sitting on the intersecting street. The cop couldn't have seen how close I was to the pededstrian from the angle he was at. I drove past the pedestrian with a good 4 feet away from him. The cop pulls me over saying i almost hit him and didn't slow down (when i slowed from about 50 to about 35 which was the speed limit). I was only written up for the not yielding.

Would I have a chance if i took it to trial?

[JETX]

Originally Posted by Brushrop03

Would I have a chance if i took it to trial?

Yes. Based on your post, you have a HIGH chance of being found guilty.

[trieroffact]

Originally Posted by Brushrop03

What is the name of your state? GA

I was going down a major street at around 6am. I was in the far left lane. I had the green light and saw the pedestrian in the crosswalk. I slowed down to a speed where he would no longer be in the path. He was walking from my right to left. I moved over as far as I could in the lane (didnt want to switch at the intersection). The cop was sitting at the same light on my right hand side. He was actually sitting on the intersecting street. The cop couldn't have seen how close I was to the pededstrian from the angle he was at. I drove past the pedestrian with a good 4 feet away from him. The cop pulls me over saying i almost hit him and didn't slow down (when i slowed from about 50 to about 35 which was the speed limit). I was only written up for the not yielding.

Would I have a chance if i took it to trial?

Actually, the pedestrian was breaking the law by crossing on red. You have a decent shot - hope you get an honest judge - the police officer will almost have to admit the pedestrian was crossing against the same red light he was at. It sounds like you did yeild as much as you could considering the situation.

[BelizeBreeze]

Originally Posted by trieroffact

Actually, the pedestrian was breaking the law by crossing on red. You have a decent shot - hope you get an honest judge - the police officer will almost have to admit the pedestrian was crossing against the same red light he was at. It sounds like you did yeild as much as you could considering the situation.

I'll let Jet explain to you the meaning of assumptions.

[JETX]

Originally Posted by trieroffact

Actually, the pedestrian was breaking the law by crossing on red.

And just like in virtually EVERY other post of yours... you are NOT correct.

Georgia Code:
§ 40-6-91. Right of way in crosswalks
(a) The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching and is within one lane of the half of the roadway on which the vehicle is traveling or onto which it is turning. For the purposes of this subsection, "half of the roadway" means all traffic lanes carrying traffic in one direction of travel.

[Smiles]

Originally Posted by Brushrop03

What is the name of your state? GA

I was going down a major street at around 6am. I was in the far left lane. I had the green light and saw the pedestrian in the crosswalk. I slowed down to a speed where he would no longer be in the path. He was walking from my right to left. I moved over as far as I could in the lane (didnt want to switch at the intersection). The cop was sitting at the same light on my right hand side. He was actually sitting on the intersecting street. The cop couldn't have seen how close I was to the pededstrian from the angle he was at. I drove past the pedestrian with a good 4 feet away from him. The cop pulls me over saying i almost hit him and didn't slow down (when i slowed from about 50 to about 35 which was the speed limit). I was only written up for the not yielding.

Would I have a chance if i took it to trial?

Sure.

The pedestrian violated [url=http://web.lexis-nexis.com/research/xlink?app=00075&view=full&docinfo=off&interface=1&searchtype=get&search=O.C.G.A.+%A7+40-6-90]O.C.G.A. § 40-6-90[/url].

You violated [url=http://web.lexis-nexis.com/research/xlink?app=00075&view=full&docinfo=off&interface=1&searchtype=get&search=O.C.G.A.+%A7+40-6-91]O.C.G.A. § 40-6-91(a)[/url], but you didn't have much choice because the pedestrian illegally entered the crosswalk. Also, once the pedestrian has passed your half of the roadway, you no longer have to be stopped. (Unless I misread, you were in the leftmost lane, so the pedestrian had passed all the traffic on your side of the road when you passed him/her.)

Also check [url=http://web.lexis-nexis.com/research/xlink?app=00075&view=full&docinfo=off&interface=1&searchtype=get&search=O.C.G.A.+%A7+40-6-21]O.C.G.A. § 40-6-21[/url] and [url=http://web.lexis-nexis.com/research/xlink?app=00075&view=full&docinfo=off&interface=1&searchtype=get&search=O.C.G.A.+%A7+40-6-22]O.C.G.A. § 40-6-22[/url].

Draw your own conclusions on who has useful advice in this thread and who doesn't. And sorry that these links don't seem to work properly ... cut and paste, I guess.

[JETX]

Originally Posted by Smiles

The pedestrian violated

(the statute you referenced says
§ 40-6-90. Obedience to traffic-control devices and traffic regulations
(a) A pedestrian shall obey the instructions of any official traffic-control device specifically applicable to him, unless otherwise directed by a police officer.

(b) Pedestrians shall be subject to traffic and pedestrian control signals as provided in Code Sections 40-6-21 and 40-6-22.

(c) At all other places, pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this chapter.

So, just curious....
Where did you get that pedestrian was in violation???

The only information provided was "I had the green light and saw the pedestrian in the crosswalk." We don't know if the pedestrian entered the crosswalk with the green or the red... only that the OP claims the light was green when he SAW THE PEDESTRIAN.

[randomguy]

Smiles, please remember it do not matter that person was crossing the street illegally, as was posted by other people pedestrian has right of way

[Brushrop03]

Thanks guys!

JETX...in that piece of law you copied. It says that the pedestrian has to be on the half of the road that I'm on or approaching that half. He was neither. He was walking in the other direction and had already crossed my half.

So...am I still guilty?

$1000 fine doesn't seem to pleasent...

[JETX]

Originally Posted by Brushrop03

It says that the pedestrian has to be on the half of the road that I'm on or approaching that half. He was neither. He was walking in the other direction and had already crossed my half.

So...am I still guilty?

Of course, no one on this forum, with the very limited and biased information can determine your guilt or innocence. However, I can say, with a fair amount of confidence, that the statements by the citing officer are very likely to lead to your being determined guilty of the violation.

$1000 fine doesn't seem to pleasent...

Look at this from the pedestrians viewpoint. I am sure that having a car going at 20 or 30 mph (or so) whizzing by as close as 4 feet is NOT pleasant either. The bottom line here is that your conduct very likely scared the hell out of him or her... and COULD have lead to them being injured.

A quick story... a few months ago, one of my brothers was out jogging (in California). He was crossing a street at a crosswalk, when a driver approached from one direction (just as you did). Rather than take the time/energy to actually stop until he was clear of the pedestrian, he decided to track towards the curb to swing 'clear' (just like you did). Just as he got into the intersection, he honked his horn, startling my brother who was then hit by a car coming from the opposite direction. Luckily, his injuries were just a cracked pelvis, a few broken ribs and a broken arm.
Both drivers were cited for failing to yield, and the lady who actually hit him is looking at a substantial personal injury claim.

[Smiles]

Originally Posted by randomguy

Smiles, please remember it do not matter that person was crossing the street illegally, as was posted by other people pedestrian has right of way

A pedestrian crossing the street in an illegal manner does not have the right of way. (That doesn't make it OK to him them or endanger them!) Regardless, the pedestrian passed the to the other half of the road, at which point a driver is free to move on. The right of way is clearly outlined in § 40-6-91. Once the pedestrian has moved off the driver's side of road, the vehicle has the right of way.

The same holds true for my home state. Additionally, you don't have to stop for a pedestrian approaching your side of the street until they're within 10 feet of your side. So a pedestrian can be potentially legally in the crosswalk in the oncoming traffic lane, and I can still drive through the crosswalk. The same is true the moment the pedestrian has moved off my side of the roadway. The Georgia code says almost the same thing, except they refer to half the roadway instead of a fixed size of 10 feet.

I am not suggesting that pedestrians don't trump vehicles or that drivers can recklessly disregard pedestrians, as both drivers and pedestrians can make exceedingly poor judgments. Personally, I would have continued to stop until the pedestrian made the halfway mark and was out of harm's way (including assessing the pedestrian's situation as they move to the other side of the road, if visible). But a pedestrian violating the law is certainly a circumstance you would want to present to a judge to allow him or her to more appropriately assess the situation as it occurred.

Here is how it can be shown that the pedestrian was violating the law:

O.C.G.A. § 40-6-22 (2) - see my link above - clearly states that a pedestrian shall not enter the crosswalk when the signal is flashing DON'T WALK.

Apply some math and knowledge of basic civil engineering: As a general rule, a WALK light is lit for at least 3-4 seconds before it becomes a flashing DON'T WALK. Once it begins flashing, a pedestrian should have enough time to complete walking across the street or to the median halfway (depending on street configuration).

A pedestrian crosswalk typically begins to flash the DON'T WALK signal anywhere from 10-18 seconds before it goes solid. If this was a multilane crosswalk, as implied, the signal would have begun flashing about 18 seconds before going solid. A person traveling at 2mph (very casual) would cross 4 lanes of traffic (48 ft) in about 16 seconds. Even if it was four lanes on one side, they would have been able to easily amble across the haldway point. And then there's often a couple of seconds before the traffic light turns green for vehicles.

The OP should sit and count the number of seconds it takes at that intersection and that time of day. (That is, how many seconds are solid WALK and flashing DON'T WALK.) This should help show that the pedestrian was in violation, which may have reduced his options as he approached the intersection.

My apologies to anyone using the links I used above: You need to access them using the free link provided by the state of Georgia at [url=http://www.georgia.gov/00/channel/0,2141,4802_5031,00.html]this page[/url]. Choose 'Laws of the State of Georgia'. You can use a search engine to find other copies of the Georgia Code online as well.

Originally Posted by Brushrop03

It says that the pedestrian has to be on the half of the road that I'm on or approaching that half. He was neither. He was walking in the other direction and had already crossed my half.

So...am I still guilty?

Fortunately, that's not for us to decide. If you weren't at least yielding to the pedestrian, that doesn't speak well. You said you were slowing down from an excessive speed (you said the limit was 35) to just the speed limit. You'd have had a stronger case if you had been slowing down below the speed limit, and then just maintained your speed once the pedestrian had passed to the other side of the road.

You have a chance, but you'll need to be persuasive and honestly assess your situation. Even if you take this to court and are let off, please be more careful of pedestrians - even if they are violating the law and don't have the right of way.

[Smiles]

Originally Posted by JETX

Look at this from the pedestrians viewpoint. I am sure that having a car going at 20 or 30 mph (or so) whizzing by as close as 4 feet is NOT pleasant either. The bottom line here is that your conduct very likely scared the hell out of him or her... and COULD have lead to them being injured.

Well, the bottom line is that their own conduct (crossing illegally) was a contributing factor. If you want drivers to take personal responsibility, pedestrians should as well.

A quick story... a few months ago, one of my brothers was out jogging (in California). He was crossing a street at a crosswalk, when a driver approached from one direction (just as you did). Rather than take the time/energy to actually stop until he was clear of the pedestrian, he decided to track towards the curb to swing 'clear' (just like you did). Just as he got into the intersection, he honked his horn, startling my brother who was then hit by a car coming from the opposite direction. Luckily, his injuries were just a cracked pelvis, a few broken ribs and a broken arm.
Both drivers were cited for failing to yield, and the lady who actually hit him is looking at a substantial personal injury claim.

That's awful. Why wasn't the car coming the opposite direction, presumably on the same side of the road as your brother, coming to a stop?

[JETX]

Smiles, you are indeed a legal moron... clearly with NO legal experience or knowledge.

[Brushrop03]

But...if the pedestrian wasn't on my half of the road and was walking the other way then that should be the end of it according to Georgia Code § 40-6-91, right?

[JETX]

Originally Posted by Brushrop03

But...if the pedestrian wasn't on my half of the road and was walking the other way then that should be the end of it according to Georgia Code § 40-6-91, right?

Depends ENTIRELY on the full facts... and what the officer says... and what the pedestrian says (if called)... and what the court believes.
Simply, no one on this forum can guess the outcome of a court ruling.... especially by hearing only ONE side of the story.

Your options:
1) Accept the consequences of your actions, pay the fine and learn from it, or
2) Appear in court and present your defense. Clearly, the issues here are complex and likely contradictory... so I suggest if you are going to do this, get a good local attorney.