Good info, napes, thanks.
@napes 32573 wrote:
The law specifically talks about “at” crosswalks, not “in” crosswalks, thus including the area where someone is waiting to cross the road.
But the problem remains:
A. The driver of any vehicle on a highway shall yield the right-of-way to any pedestrian crossing such highway:
“crossing” – not “waiting to cross”
At a crosswalk Virginia courts have held “the pedestrian has a superior right — that is, the right to cross from one side of the street to the other in preference or priority over vehicles — and drivers of vehicles must respect this right and yield the right of way to the pedestrian. The pedestrian’s right of way extends from one side of the street to the other. It does not begin at any particular point in the intersection nor does it end at any particular point. It begins on one side of the street and extends until the pedestrian has negotiated the crossing.” (Marshall v. Shaw. Supreme Court of Virginia, 1955) (http://scholar.google.com/scholar_case?case=2476417758289562501&hl=en&as_sdt=2&as_vis=1&oi=scholarr)
But does it extend to beyond the street?
I guess this says if you put your foot or front tire in the roadway, you’ve go the right of way.
“The duty of a motor vehicle driver on approaching an intersection is to keep a vigilant lookout for pedestrians between curbs on the traveled portion of the highway, and when pedestrians are negotiating the crossing, or about to step from the side into traffic lanes, to operate his car at such speed and under such control that he can readily turn one way or the other, and, if necessary, bring his machine to a stop in time to avoid injury to pedestrians.” (Sawyer v. Blankenship, Supreme Court of Virginia, 1933) (http://va.findacase.com/research/wfrmDocViewer.aspx/xq/fac.19330615_0040113.VA.htm/qx)
But must he stop and wait for the pedestrian to begin the cross?
