Who has the right of way?
While discussing the issue of who has the right of way - motorists or pedestrians - I was surprised that most of my Panther Valley friends were ignorant of the law.
A majority believe that the motorist has the right of way, except when there is a traffic light with a walk signal. What about crosswalks, I asked. They thought motorists have the right of way even when a pedestrian is in a crosswalk."Of course, I am not going to run them down, but some of them ignore motorists and think they own the road," said one of my Nesquehoning friends.They were more than a little surprised when I explained to them that those crosswalks are more than a narrow sliver of asphalt with parallel white lines; they are there for a pedestrian's safety, and, by extension, a motorist's, too.Being a morning walker/pedestrian for more than a quarter-century, I have seen it all. Several times, I have nearly been hit by motorists who failed to yield to me, even though I was halfway through the crosswalk.Pennsylvania state law is quite explicit as to a motorist's and pedestrian's responsibility."When traffic-control signals are not in place or not in operation, the driver of a vehicle shall yield the right of way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection," says Act 3542.It goes on to say that when a vehicle is stopped at a crosswalk to permit a pedestrian to cross, the driver of any vehicle approaching from the rear must not overtake or pass the stopped vehicle.We think the penalty for violations of this law is too little - $50 plus court costs and an assessment of two points to a motorist's driving record.But this is not a one-way street, so to speak. Pedestrians do not always have the right of way. If they are crossing in the middle of the street where there is no crosswalk, they must yield to motorists. If a pedestrian is convicted of failing to yield, the penalty is a paltry $5 plus court costs.Even in marked or unmarked crosswalks, a pedestrian cannot walk or run into the street without warning.Additionally, where there is an overhead crossing or pedestrian tunnel available, pedestrians who don't use it must yield to vehicles. And, safety department officials warn, never, ever cross a street diagonally.In an urban location, the only place a pedestrian can cross legally is in a marked crosswalk between intersections where there are working traffic signals.Obeying Pennsylvania pedestrian laws can reduce the odds of being struck by a vehicle, but there are also other precautions that pedestrians can take. Even when a pedestrian has the right of way - such as a green light - it doesn't necessarily mean it's safe to cross. It's best to look left, right and left again before leaving the curb. It's scant consolation to be in traction in a hospital room and crow that you had the right of way.My local friends are not alone in their lack of knowledge about pedestrian rights. Many drivers are unfamiliar or, worse, don't care about pedestrians.Drivers have honked their horns and given me the finger on more than one occasion, and my only "crime" was being a pedestrian. Not all drivers will stop. They may not see the person crossing, or they could turn into the path of the person walking.One of the most infamous instances of how a pedestrian with the walk light in his favor attempted to cross the street only to be hit and killed by a car occurred in Stroudsburg 15 years ago. Prominent Stroudsburg attorney, businessman and landlord Dominick A. Lockwood was struck and killed by a truck about two blocks from his home as he attempted to cross the busy Seventh and Main streets intersection.The light was green for both the vehicle and Lockwood, and the walk signal favored Lockwood. The motorist should have yielded to Lockwood, who apparently was not aware that the vehicle was about to turn.Pedestrians and motorists have more distractions today. Looking before crossing is important, but it's just as critical that a pedestrian can hear. Wearing earbuds or headphones can prevent someone from hearing a vehicle's horn.Some motorists complain that there are too many variations of crosswalks. Some have signs, others have flashing lights, and some have no signage at all, merely white lines.The state Transportation Department has announced that it will provide any municipality with "Yield to Pedestrian Channelizing Devices" at no cost for extremely busy intersections or mid-block crossings where pedestrians are at risk.Pedestrian deaths climbed to nearly 6,000 nationally last year, the highest number in more than 20 years, according to the Governors Highway Safety Association.The reasons are varied, but the association believes the improved economy, lower gas prices and more walking for exercise are some of the main reasons for the nearly 11 percent increase. It also believes that more drivers and pedestrians are distracted by cellphones and other electronic devices.PennDOT gives these common-sense tips to pedestrians: Wear light-colored, reflective clothing so you can be seen; walk against traffic; make eye contact with motorists before crossing a street; don't assume that a motorist will yield the right of way.By BRUCE FRASSINELLI |