Who Has the Right-of-Way at North Carolina Crosswalks?

Understanding right-of-way laws at crosswalks is essential for both drivers and pedestrians in North Carolina. These safety laws help prevent accidents and ensure the safety of everyone on the road. North Carolina’s traffic laws outline specific rules regarding when drivers must yield to pedestrians and what is expected of pedestrians crossing the street. Failure to follow these laws can result in serious accidents, injuries, and legal consequences.

Pedestrians' Right-of-Way in Marked and Unmarked Crosswalks

Under North Carolina General Statutes (NCGS) § 20-173, pedestrians have the right-of-way at both marked and unmarked crosswalks at intersections. A crosswalk does not need to be painted for pedestrians to have the right-of-way; if the pedestrian is crossing at an intersection where streets meet at right angles, they are protected by the law.

• NCGS § 20-173(a): "Where traffic-control signals are not in place or 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 any marked crosswalk or within any unmarked crosswalk at or near an intersection."

This statute makes it clear that drivers must stop or slow down when a pedestrian is crossing the street at a crosswalk, whether it is marked or unmarked, as long as there is no active traffic signal.

Drivers' Responsibility to Yield at Crosswalks

When approaching a crosswalk, drivers are required to yield the right-of-way to pedestrians who are crossing or about to enter the crosswalk. This includes marked crosswalks, typically found at busy intersections, and unmarked crosswalks, which exist at virtually every intersection without a signal.

According to NCGS § 20-173(a), drivers must slow down or stop to allow pedestrians to cross. Failure to yield to pedestrians in a crosswalk is not only a traffic violation but can also result in civil liability if the driver causes an accident.

It's important to note that even when a pedestrian does not have the right-of-way (such as jaywalking or crossing outside of a crosswalk), drivers are still expected to exercise due care to avoid accidents, as stipulated in NCGS § 20-174.

• NCGS § 20-174(e): "Notwithstanding the provisions of this section every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway, shall give warning by sounding the horn when necessary, and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway."

Pedestrians' Responsibilities at Crosswalks

While pedestrians generally have the right-of-way at crosswalks, they must also follow certain rules. Pedestrians cannot suddenly step off the curb and into the path of a vehicle that is too close to stop safely. NCGS § 20-173(b) outlines this obligation:

• NCGS § 20-173(b): "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."

Additionally, pedestrians must obey traffic signals where they exist. If there is a "walk" signal, pedestrians have the right-of-way, and drivers must yield. However, if a pedestrian signal indicates "don't walk," pedestrians must wait for the next signal.

Right-of-Way at Midblock Crosswalks

At midblock crosswalks, which are crosswalks not located at an intersection, drivers are required to yield the right-of-way to pedestrians when the crosswalk is clearly marked. Midblock crosswalks are often found in areas with heavy pedestrian traffic, such as near schools, parks, or shopping areas.

For drivers, approaching a marked midblock crosswalk requires slowing down and yielding to any pedestrians who are within the crosswalk. Failing to yield in these situations can result in a traffic citation and, more importantly, endanger pedestrians.

Additional Right-of-Way Rules

While most pedestrian crossings occur at intersections and crosswalks, there are additional rules that apply to pedestrians and drivers in North Carolina:

• Pedestrians must use crosswalks: If a crosswalk is available, pedestrians are expected to use it. Crossing outside of a crosswalk (jaywalking) may reduce or eliminate the pedestrian's legal protections in the event of an accident.
• Drivers must stop for school buses: When a school bus stops and displays its stop arm, drivers must stop their vehicles. This includes any instance where children may be crossing the road to board or exit the bus.
• Due care for all drivers and pedestrians: Both drivers and pedestrians have a responsibility to act cautiously and avoid collisions, even in situations where one party has the right-of-way.

Penalties for Failing to Yield to Pedestrians

Drivers who fail to yield to pedestrians in crosswalks or at intersections may face penalties, including:

• A fine of up to $100 plus court costs
• Possible points on their driver’s license
• Potential civil liability if an accident occurs, leading to a personal injury lawsuit

These penalties can escalate in cases where the failure to yield leads to an accident resulting in injury or death.

Statistics on Pedestrian Accidents in North Carolina

According to the North Carolina Department of Transportation (NCDOT), pedestrian accidents remain a significant concern. In 2021, the NCDOT reported nearly 3,000 pedestrian-related crashes, leading to over 2,600 injuries and 225 fatalities. Many of these accidents occur at intersections or crosswalks where drivers fail to yield to pedestrians.

Seeking Legal Help After a Pedestrian Accident

If you or a loved one has been injured in a pedestrian accident due to a driver's failure to yield, you may be entitled to compensation. Pedestrian accident victims often face severe injuries, including broken bones, head trauma, and long-term disabilities. Compensation for these injuries can cover:

• Medical expenses
• Lost wages
• Pain and suffering
• Rehabilitation costs

In cases where a pedestrian has been fatally injured, surviving family members may file a wrongful death claim to recover compensation for:

• Funeral and burial expenses
• Loss of income and benefits
• Loss of companionship and guidance
• Medical bills incurred before death

How The Law Offices of John M. McCabe Can Help

At The Law Offices of John M. McCabe, we understand the devastating consequences of pedestrian accidents. Our experienced personal injury attorneys are dedicated to helping victims and their families seek justice and secure the compensation they need to move forward. We work diligently to gather evidence, negotiate with insurance companies, and build a strong case to protect your rights.

If you or a loved one has been injured in a pedestrian accident, contact us today for a free consultation. We are here to help you every step of the way and ensure that negligent drivers are held accountable.