Why do pedestrians have the right of way even when facing a "don't walk" signal?
 

Just like the title says, why do pedestrians have the right of way even when facing a "don't walk" signal?

I was watching today where a pedestrian was crossing at a pedestrian controlled crosswalk against the "don't walk" sign. 4 lanes of moderately heavy traffic approaching the flashing green lights.

The pedestrian was in the middle of the road and was obscured from view by a large vehicle that had already entered the intersection waiting to make a left turn such that two of the lanes of traffic could not see her.

right of way only applies to a padestrian that enters the crosswalk on a "walk" signal, and before finishing the crossing the signal turns to "Don't walk". not to someone that enters on a don't walk. i believe that falls under jay walking (not sure about that).

They don't....by law. Section B of what you have quoted is regarding a pedestrian that is IN the crosswalk at the time of pedestrian sign changing to wait or don't walk. If that happens.....they must proceed as quickly as possible, and having been IN the crosswalk when the change happened...still has the right of way.

I think someone once quoted a section saying - motorists should yield to pedestrians who are disoriented, confused, etc.

I don't know if this still exists:

About 12 years ago, I had a friend who was driving down a street in vancouver at night, and had someone jaywalk RIGHT IN FRONT OF HER CAR. She was travelling at approx 35-40Km/H, as per ICBC.

The woman she hit died in hospital the next night. My friend was devastated. She cried and stressed and didn't' know what was going to happen to her.

ICBC told her it's not her fault. At all. Given that the lady was jaywalking at night, in a dark area of the street.

It's a common misconception that pedestrians have the right of way at all times. THEY DON'T.

Now, you are obviously not supposed to hit a pedestrian under any circumstances, but that does not mean they 'have the right of way' at all times. These are two difference concepts.

There have been a few cases in the last decade of pedestrians being on the hook for damage they've caused to cars when jaywalking. Also note, I've heard of a health insurance company declining a payout for someone injured while jaywalking. (carelessly ran out in front of traffic)

Also to a cyclist who rode his bicycle off the sidewalk and out onto a crosswalk where he was hit by a car.

So what about this:

Pedestrian enters crosswalk against a do not cross sign. Cars have the flashing green because the pedestrian hasn't pressed the button on the post to cross.

Pedestrian is in the middle of 4 lanes of traffic. Right of way goes to the pedestrian, correct? Cars facing the flashing green need to stop?

Unless they want to hit the idiot breaking the law on the crosswalk. (in the scenario you gave us)

I am of the bent that if I am a pedestrian all cars are out to kill me whether I have the right of way or not. lol

"Size matters"...specially when things bump into things.

Cars have the right of way, but drivers have a duty not to hit people ("objects on the road") which they can avoid.

As an aside...

The way I see it, from strictly a safety point of view, right-of-way is to be given, not taken. I cover my own ass out there on the street whether I'm on my feet, bicycle, motorcycle, or in my car. I'll gladly take the inconvenience of stopping for somebody who decides to disobey the rules of the road if it means avoiding an accident.

No. The pedestrian in this case does NOT have 'right of way' as he has entered the intersection illegally. If a vehicle is unable to safely yield for, or safely avoid the pedestrian, the pedestrian shall be found at fault for the accident. If the vehicle would have been able to safely avoid the pedestrian, but hits the pedestrians anyways, the driver of the vehicle would be found partially or completely at fault.

Would it be hard to prove if the pedestrian was lying if they were to say they had the walk symbol when they got hit? Especially if it's just you and the pedestrian at an empty intersection?

If it's a "he said - she said' scenario, then yes, it would be hard to prove. I think the onus would be on the driver to prove that he could not stop in time for the pedestrian. If I were the driver I would be looking for witnesses and cameras to back me up.

Had a story along these lines several years ago...

Was about 1:30am... wife was on her way home, eastbound on 1st Ave. about half a block before Commercial Drive, when some drunk chick basically flung herself at the car.

Fortunately she was in a block of traffic approaching a red light, so they were going slow and no real damage was done... and there were lots of witnesses from the surrounding houses because the girl and her similarly drunk friend had been arguing VERY loudly, culminating in the "victim" shouting, "FINE THEN, I'M JUST GONNA FUCKING KILL MYSELF" and flinging herself onto the hood of our car.

My wife was a bit of a mess after she got home, until one of the attending cops called us from the hospital at around 4am to let her know the girl would be okay... and that she had no idea how or why she was in the hospital.

Apparently the girl told the story that they WEREN'T drunk and that they were only walking down to the McDonalds for some food (the McD's there had closed years before), and they were coming from a house party where they'd started drinking about 3 in the afternoon :facepalm:

The cop said she mentioned several times about suing the car that hit her, but followed up by stating that there was no chance of that happening, and no chance of ICBC paying her out any money for her injuries.

A bit off-topic, but how does one deal with pedestrians like this ? This one Asian lady had HUGE bags of what I can only assume to be can/bottles walking down the street with a cart. Whats the correct way of dealing with something like this ? If a motorist drove by and told her off, I'm 99% sure she wouldn't listen or care enough to do something about it.

I have this strange feeling that the police will most often side with the pedestrian, even when he or she is at fault. I know it is not true but I feel I am siding with the common misconception.
Do pedestrians have the right of way on the don't walk?
Probably not, but just because the cars therefore now have the right of way, doesn't allow cars to hit pedestrians. I think (don't quote me) could be considered involuntary manslaughter?
So sure cars may have the right of way in this scenario but there are still the responsibilities of safe driving that need to be adhered.

Two cars hit each other, the one without the right of way is at fault. ICBC gets involved, and a few thousand dollars later (from ICBC, and from the policy payers), everything is all right again.

One car hits a person, the person (without the right of way) is at fault. Person might be dead, and a few thousand tears later, nothing will be right again.


"Right of way" doesn't mean "Right to go about my way".
I think what you did was pretty much what you should be doing. If the cops see her, they'll probably bust her for jaywalking or something, not sure. IIRC I've seen that lady downtown in the alleys and on the sidewalks. Feel kinda bad for her sometimes.

And this is the sad truth that pedestrians and cyclists seem to forget: it doesn't matter if you have the right of way, you will always come out on the losing side of tangling with three thousand pounds of steel and glass.

Ahhh now I understand... you don't have an irrational distrust of authority that leads you to question it at every turn, you simply have a selective reading disorder complicated by a selective understanding condition.

Perhaps if you went back and finished your fifth-grade Engrish, you'd be able to better grasp the laws you keep ragging on, and you wouldn't always be coming across as an anti-cop douchebag.

:fuckyea:

Maybe to her, but for the typical citizen... nothing will happen.
Even if the light is steps away.. (Ex: This mornings commute, a lady decided to walk through the red light traffic across Byrne Rd. @ Marine Way. I almost slammed into her because she just casually walked out between 2 cars..)

Not to be a cruel human being, but some people need to be hit to understand it's not okay to jaywalk.

:fuckyea:

*Edit* Infact, is it cool if I put that in my Sig? That is totally worthy. :)

People underestimate the potential danger that comes with vehicles on a daily basis. Work vans/trucks tearing it down right lanes thinking the laws of physics/road conditions don't apply to them. Pedestrians thinking that every driver behind the wheel is competent or not on their cellphone.

Everyone knows that there are drivers out there that shouldn't have been able to get their licenses... Just cause you aren't behind the wheel at the moment, doesn't mean those shitty drivers actions don't apply to you anymore...

The law might protect you legally, but it doesn't make you immortal.