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Drivers, Pedestrians & Crosswalks
By Maurice Sanders, Chief of Police
There may be some confusion, misunderstanding, or simply a lack of awareness existing with some drivers and pedestrians in our community as to what the law requires when a pedestrian steps off of the curb onto the roadway in a crosswalk. To help make the community more aware, I have prepared this information regarding the requirements of pedestrians and motorists. It is our desire to help make our community more aware in hope that it will prevent potential tragedy and avoid confusion among motorists in our community.
It is important to speak in terms of an exception to the rule initially and that one exception deals with school crossing guards. The law requires that whenever motorists see school crossing guards in crosswalks in intersections directing students crossing in crosswalks, they must stop and stay stopped. Specifically, the law states that whenever a "traffic patrol member" has entered a crosswalk for the purpose of directing students who are about to enter the crosswalk or who have entered the crosswalk, traffic in all directions must stop and remain stopped while students are in the crosswalk. The traffic control member needs to either carry a "flag", such as a handheld STOP sign, or wear something that identifies the person as a traffic patrol member, such as a brightly colored vest with "Crossing Guard" on it.
Pedestrians have a responsibility for their own safety and the safety of motorists as well. Oregon Revised Statutes (ORS) Section 814.040 (a) defines as a "failure to yield to a vehicle" when a pedestrian suddenly leaves a curb or other place of safety and move into the path of a vehicle that is so close as to constitute an immediate hazard. This act is a violation. For example a pedestrian may not step arbitrarily into a crosswalk so that an oncoming motor vehicle would have to exercise evasive action or emergency braking to avoid a collision. If that were to occur, the pedestrian would be in violation and could cited for the violation.
Conversely should a pedestrian lawfully step off a curb into a crosswalk, drivers need to yield to pedestrians when the pedestrian is in certain lanes, and those affected lanes move with the pedestrian. ORS Section 811.028 states that a driver must stop and remain stopped for a pedestrian when the pedestrian is crossing a roadway in a crosswalk as described below:
Additionally pedestrians are required to yield the right of way to a vehicle upon a roadway when that pedestrian is crossing the roadway at any point other than within a crosswalk or an unmarked crosswalk at an intersection. While ORS Section 801.220 defines what a crosswalk is, the rule of thumb is that crosswalks exist at every intersection as pedestrians may cross at any intersection unless prohibited by traffic control devices.
Drivers need to understand when they are required to stop and remain stopped and when they are not. Obviously this is important from a safety perspective, but also as as not to confuse other drivers or pedestrians with whom one is sharing the roadway. As defensive drivers know, we should always expect the unexpected. This same type of "expect the unexpected" attitude should also exist among pedestrians. In fact ORS 811.005 states aptly that nothing in the vehicle code relieves a pedestrian from the duty to exercise due care or relieve a driver from the duty to exercise due care concerning pedestrians. An example is when a person crossing in a crosswalk could, if possible, make eye to eye contact with drivers in oncoming vehicles and make sure those vehicles are, in fact, stopping prior to stepping into a lane of traffic to cross.
The Florence Police Department realizes that understanding various rules of the road may be difficult at times, confusing, or possibly create more questions. We would welcome anyone who has any questions in regard to pedestrian/motorist rules to contact the Florence Police Department at 997-3515.
Reference: Oregon Revised Statutes Sections 811.005 through 811.035 and Sections 814.010 through 814.100.
There may be some confusion, misunderstanding, or simply a lack of awareness existing with some drivers and pedestrians in our community as to what the law requires when a pedestrian steps off of the curb onto the roadway in a crosswalk. To help make the community more aware, I have prepared this information regarding the requirements of pedestrians and motorists. It is our desire to help make our community more aware in hope that it will prevent potential tragedy and avoid confusion among motorists in our community.
It is important to speak in terms of an exception to the rule initially and that one exception deals with school crossing guards. The law requires that whenever motorists see school crossing guards in crosswalks in intersections directing students crossing in crosswalks, they must stop and stay stopped. Specifically, the law states that whenever a "traffic patrol member" has entered a crosswalk for the purpose of directing students who are about to enter the crosswalk or who have entered the crosswalk, traffic in all directions must stop and remain stopped while students are in the crosswalk. The traffic control member needs to either carry a "flag", such as a handheld STOP sign, or wear something that identifies the person as a traffic patrol member, such as a brightly colored vest with "Crossing Guard" on it.
Pedestrians have a responsibility for their own safety and the safety of motorists as well. Oregon Revised Statutes (ORS) Section 814.040 (a) defines as a "failure to yield to a vehicle" when a pedestrian suddenly leaves a curb or other place of safety and move into the path of a vehicle that is so close as to constitute an immediate hazard. This act is a violation. For example a pedestrian may not step arbitrarily into a crosswalk so that an oncoming motor vehicle would have to exercise evasive action or emergency braking to avoid a collision. If that were to occur, the pedestrian would be in violation and could cited for the violation.
Conversely should a pedestrian lawfully step off a curb into a crosswalk, drivers need to yield to pedestrians when the pedestrian is in certain lanes, and those affected lanes move with the pedestrian. ORS Section 811.028 states that a driver must stop and remain stopped for a pedestrian when the pedestrian is crossing a roadway in a crosswalk as described below:
- In the lane in which the driver's vehicle is traveling;
- In the lane adjacent to the lane in which the driver's vehicle is traveling;
- In the lane into which the driver's vehicle is turning;
- In a lane adjacent to the lane into which the driver's vehicle is turning, if the driver is making a turn at an intersection that does not have a traffic control device under which a pedestrian may proceed, such a steady green light or a green turn arrow unless prohibited by any other traffic control devices;
- Less than six feet from the lane into which the driver's vehicle is turning, if the driver is making a turn at an intersection that does have a traffic control device under which a pedestrian may proceed, such a steady green light or a green turn arrow unless prohibited by any other traffic control devices.
Additionally pedestrians are required to yield the right of way to a vehicle upon a roadway when that pedestrian is crossing the roadway at any point other than within a crosswalk or an unmarked crosswalk at an intersection. While ORS Section 801.220 defines what a crosswalk is, the rule of thumb is that crosswalks exist at every intersection as pedestrians may cross at any intersection unless prohibited by traffic control devices.
Drivers need to understand when they are required to stop and remain stopped and when they are not. Obviously this is important from a safety perspective, but also as as not to confuse other drivers or pedestrians with whom one is sharing the roadway. As defensive drivers know, we should always expect the unexpected. This same type of "expect the unexpected" attitude should also exist among pedestrians. In fact ORS 811.005 states aptly that nothing in the vehicle code relieves a pedestrian from the duty to exercise due care or relieve a driver from the duty to exercise due care concerning pedestrians. An example is when a person crossing in a crosswalk could, if possible, make eye to eye contact with drivers in oncoming vehicles and make sure those vehicles are, in fact, stopping prior to stepping into a lane of traffic to cross.
The Florence Police Department realizes that understanding various rules of the road may be difficult at times, confusing, or possibly create more questions. We would welcome anyone who has any questions in regard to pedestrian/motorist rules to contact the Florence Police Department at 997-3515.
Reference: Oregon Revised Statutes Sections 811.005 through 811.035 and Sections 814.010 through 814.100.