Who must yield at a marked, unregulated crosswalk in New Orleans, the pedestrian or the car?
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Who must yield at a marked, unregulated crosswalk in New Orleans, the pedestrian or the car?
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I was crossing the street at a well-marked intersection's crosswalk with no stoplights. I looked both ways for safety's sake, and saw a police car coming slowly about half a block down. I decided to cross, since I believed I had every right to cross, and the cop had plenty of time to slow down. The car siren-beeped at me, and then told me to "look before you cross". I said "I was in the crosswalk". He said "I'm just telling you the law". I was silent so as not to incur the wrath of someone with a gun and ticket book. I know that in Seattle cars must always yield to pedestrians in a crosswalk; indeed, my father once got a ticket for causing a pedestrian to hesitate. Is it so different in New Orleans that crosswalks don't offer any protection to the pedestrian? Is it possible for a police officer to become a police officer without knowing the laws he or she is hired to enforce?
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NOLA guy
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Yes, it's different in New Orleans. Pedestrians do NOT have an automatic right of way in New Orleans when crossing a street, even at a crosswalk. The officer apparently believed you stepped into the path of a moving vehicle (his car) in an unsafe manner.
Note that most of the USA is like New Orleans. The idea that pedestrians have an absolute right-of-way is a west coast thing, and my CA police friends tell me the idea is mostly a misperception by the public even there.
This is from the City of New Orleans Traffic Code:
"But no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield."
Section in full from http://www.municode.com/resources/gateway.asp?pid=10040&sid=18
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Sec. 154-1602. Right-of-way in crosswalk.
When traffic control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping, if need be, to so yield to a pedestrian crossing the roadway within a crosswalk, when the pedestrian is upon that half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger. But no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield. A pedestrian's right-of-way in a crosswalk is modified under the conditions stated in section 154-1605. Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle. |
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