Originally posted by: CadetLee
Originally posted by: BigJ
Originally posted by: Leejai
i just want to confirm. eventhough jaywalking is illegal, the car is still at fault here (hence the ticket) in case the car were to hit the jaywalker right?
hMMM..maybe i should find the SLOWEST street where i am...sue the ****** out of the person who didn't stop for my jay-walking arse...
i'm sorry, but the ticket makes no sense to me here.
OP broke the law. The pedestrian was an undercover LEO crossing in an unmarked crosswalk. OP failed to yield, which is a violation of the law. The pedestrian decoy tactic is often used in high traffic areas where cars fail to yield to pedestrians. The LEO was not jaywalking.
An unmarked crosswalk? How are people - pedestrians included - supposed to know where it is?
From California Drivers Manual
Pedestrians
Pedestrian safety is a serious issue. One in six traffic fatalities is a pedestrian. Drive cautiously when pedestrians are near because they may cross your path.
A pedestrian is a person on foot or who uses a conveyance such as roller skates, skateboards, etc., other than a bicycle. A pedestrian can also be a person with a disability on a tricycle or quadricycle or in a self-propelled wheelchair.
Always stop for any pedestrian crossing at corners or other crosswalks. Do not pass a car from behind that has stopped at a crosswalk. A pedestrian you can?t see may be crossing.
Do not drive on a sidewalk, except to cross it at a driveway or alley. When crossing, yield to any pedestrian.
Do not stop in a crosswalk. You will place pedestrians in danger.
Remember?if a pedestrian makes eye contact with you, he or she is ready to cross the street. Yield to the pedestrian.
Pedestrians have the right of way at corners with or without traffic lights, whether or not the crosswalks are marked by painted white lines.
Allow older pedestrians more time to cross the street. They are more likely to die as a result of a crash than younger pedestrians.
Information regarding pedestrians who are blind is here.
Crosswalks
A crosswalk is that part of the pavement where the sidewalk lines would extend across the street and it is set aside for pedestrian traffic.
Every intersection has a pedestrian crosswalk whether or not there are painted lines on the street. Most crosswalks are at corners but they can also be in the middle of the block. Before turning a corner, watch for people about to cross the street. Pedestrians have the right of way in crosswalks.
Crosswalks are often marked with white lines. Yellow crosswalk lines may be painted at school crossings. Most often, crosswalks in residential areas are not marked.
Some crosswalks have flashing lights to warn you that pedestrians may be crossing. Look for pedestrians and be prepared to stop whether or not the lights are flashing.
PEDESTRIAN RESPONSIBILITIES*
Yield the right-of-way to vehicles when you:
Cross or walk where intersections or crosswalks are not marked.
?Jaywalk? across a street between intersections, where no pedestrian crosswalks are provided.
Remember: Making eye contact with the driver does not mean that the driver will see you or yield the right of way.
Do not suddenly leave a curb or other safe place and walk or run into the path of a vehicle close enough to be a danger to you. This is true even though you are in a crosswalk. The law states that drivers must take care for the safety of any pedestrian? but if the driver can?t stop in time to avoid hitting you, the law won?t help you.
Always obey traffic signals. Whether the intersection has pedestrian signals or the usual traffic lights, you must obey the pedestrian rules. (More information)
At an intersection where traffic is not controlled by signals, drivers are required to yield the right of way to you within any crosswalk, marked or unmarked.
When a signal first changes to green or ?WALK? for you, look left, right, and then left again, and yield the right of way to any vehicle in the intersection before the signal changed.
If the signal begins blinking or changes to ?DON?T WALK,? or to an upraised hand after you have gone part way across a divided street, you may continue across the street.
Do not stop or delay traffic unnecessarily while crossing a street.
Pedestrians are not permitted on any toll bridge or highway crossing unless there is a sidewalk and signs stating pedestrian traffic is permitted.
If there is no sidewalk, walk facing the oncoming traffic (see the picture below). Don?t walk or jog on any freeway where signs tell you that pedestrians are not allowed.
At night, make yourself more visible by wearing white clothing and retroreflective materials, or carrying a flashlight.
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