The speed limit, if it can be safely exceeded, does not exceed 10 mph. This speed limit applies in a safety zone or intersection where a streetcar, cart or bus is stopped and traffic is controlled by a peace officer or traffic light. A safety zone is marked by raised buttons or markings on the road and reserved for pedestrians. You will most often see safety zones in areas where trams or trams and vehicles share the roadway. Previous decisions in court cases may also have an impact on the level of safety and accessibility required by a transport operator. These precedents are set individually in each state, although state courts may use out-of-state decisions as a backdrop for decisions. It is important that carriers are aware of the cases presented below and other similar cases in their own state. A growing number of communities across the country have criminalized the common act of walking by making it illegal to cross the street using smartphones or wearing headphones. This movement embraces the nation in the same way that the campaign against drinking and driving and distracted driving has spread. Cities and towns across America are enacting ordinances that make it illegal to cross the street during a phone call, look at a mobile electronic device, or be obstructed in both ears by personal audio devices. While public safety is certainly a concern across the country, some of these laws border on the absurd – both in terms of applicability and disrespect for the realities of everyday life.
A 2017 Honolulu ordinance makes it illegal to cross the street and even “look” at a cell phone, an innocent act no more distracting than looking at the clock and completely normal for those who rely on smartphones instead of a wristwatch. A change in legal culture is underway, and claims and redress professionals need to be aware of this change. The University of Minnesota recently conducted research as part of a study tracking pedestrian and driver behavior at “high-risk” intersections in St. Paul. Only 31% of drivers yielded to pedestrians, as required by Minnesota law. Minnesota calls it a “Stop for Me” campaign — a public campaign to protect pedestrians and educate drivers that they must stop and let pedestrians cross, even if there are no red lights. From 2013 to 2017, 835 pedestrians in St. Paul were hit by vehicles. Of these, 17 died and 747 were injured.
Of those injured, 87 were children aged 10 and under and 100 were aged 11 to 17. In Minnesota, pedestrians are allowed to cross the street wherever they want, as long as they (1) act reasonably to ensure their own safety, (2) comply with traffic laws and regulations, and (3) are not otherwise prohibited from crossing at a particular location. Minn. Stat. §§ 169 (Minnesota Statutes “Traffic Regulations” chapter). When crossing at a marked pedestrian crossing where traffic lights are present, pedestrians must follow the signs and may only cross the road within the marked pedestrian crossing. Minn. Stat. § 169.21, para.
1, 3 (c). In the case of intersections at a marked crosswalk or at an intersection without a marked crosswalk where there are no traffic lights, drivers and cyclists must allow pedestrians already crossing the road to first cross the entire road before continuing through the intersection. Minn. Stat. § 169.21, para. 2 (a). Similarly, pedestrians must allow traffic to cross the roadway before attempting to cross in areas without traffic lights, such as crosswalks, intersections and undesignated areas such as the middle of the road where there is no crosswalk. Minn. Stat. § 169.21, para. 2 (a), 3 (a). It should be remembered that towns and villages may also have regulations regarding the duties and responsibilities of drivers and pedestrians.
Adjusters and adjusters should not automatically assume that a pedestrian is to blame simply because he or she was struck while crossing the road. Society is changing and the burden and duty to avoid a collision is rapidly shifting to the driver of the motor vehicle. UVC § 11-1112 Stopping when traffic is obstructed No driver may enter a marked intersection or pedestrian crossing or drive on a crossing unless there is sufficient space on the other side of the intersection, pedestrian crossing or crossing to accommodate the vehicle being driven by the driver without obstructing the passage of other vehicles, pedestrians or trains, regardless of a traffic control signal indicator. A pedestrian crossing is the part of the roadway reserved for pedestrian traffic. If you need to stop because of a sign or signal, you must stop in front of the stop line, pedestrian crossing, stop sign or sign. You must yield to pedestrians entering or on a crosswalk. Not all zebra passages are marked. If there is a stop line in front of the pedestrian crossing, the stop line must be followed first. Pedestrians have priority on marked or unmarked pedestrian crossings. Although pedestrians have the right of way, they must also respect traffic rules. If you are approaching a crosswalk while driving, you should exercise caution and reduce your speed to ensure pedestrian safety.
You may need to stop to ensure pedestrian safety as described in CVC § 21950. Zebra passages are often marked with white lines. Yellow zebra passages can be painted on school crossings. Some crosswalks have flashing lights to warn you that pedestrians may be crossing. Look for pedestrians and be prepared to stop, whether the lights are flashing or not. Most states have adopted UVC, in whole or in part, as the basis for laws and regulations relating to the use of motor vehicles on public roads. The following excerpts from the UVC illustrate the fundamental traffic laws that govern the interaction between pedestrians and motor vehicles. Where appropriate, these laws are the starting point on which upgrades and enhancements are based.
Where the existing environment does not ensure safe pedestrian movement in accordance with these rules, further engineering, training and enforcement improvements may be required. In general, motor vehicle drivers must take reasonable precautions not to strike a pedestrian. The laws of many states require greater due diligence when it comes to pedestrians who are children. At the same time, a pedestrian cannot walk blindly on the road without exercising caution and looking properly. A pedestrian who fails to do so is guilty of contributory negligence. To make matters worse, many states and municipalities have passed laws and regulations to protect pedestrians who are blind or visually impaired. When a pedestrian leaves a white stick, completely new laws and obligations come into play. Each state treats the situation differently, with some states requiring the driver to yield to a white cane, some requiring the driver to stop completely, some requiring the driver to exercise caution, and still others not offering additional rights and protections to the visually impaired. Obviously, as with foot entertainment laws and ordinances, white rod laws are part of the legal mosaic that emerges when a pedestrian is injured. A table with the laws of the white cane for each state can be found HERE. UVC § 11-503(c) Intersection at crossings other than zebra crossings [intersection between adjacent intersections] Between adjacent intersections where traffic lights are in use, pedestrians may not cross at any point except on a marked pedestrian crossing. In New Jersey, vehicles must stop for a pedestrian inside a marked crosswalk, but can only yield the right of way to pedestrians crossing inside an unmarked crosswalk at an intersection.
