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

Who Has the Right of Way at North Carolina Crosswalks

At North Carolina crosswalks, a pedestrian who is already crossing has the right of way, and drivers must yield, slowing or stopping if necessary, when there is no traffic signal controlling the intersection. The rule covers both marked crosswalks and the unmarked ones at most corners, which is the part drivers often forget.

Here is the law in its own words, how marked and unmarked crosswalks differ, and what it means when a pedestrian is hit.

Who Has the Right of Way at a North Carolina Crosswalk?

The pedestrian crossing the road. Where there is no working traffic signal, G.S. 20-173(a) is direct:

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.

The duty is on the driver to yield, and it applies to both marked and unmarked crosswalks.

Is There a Crosswalk Even if Nothing Is Painted on the Road?

Yes. This is the most misunderstood part of the law. An "unmarked crosswalk" exists at most intersections where the sidewalk would naturally continue across the street, even without paint, signs, or signals. A driver owes a crossing pedestrian the same duty to yield there as at a painted crosswalk. Assuming a crosswalk only exists when it is striped is how many pedestrians get hit.

Can a Driver Pass a Car That Stopped for a Pedestrian in North Carolina?

No, and this rule prevents a deadly common crash. When one car stops for someone in a crosswalk, a driver in the next lane often cannot see the pedestrian and passes the stopped car right into them. G.S. 20-173(b) forbids it:

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.

If the car ahead of you or beside you has stopped near a crosswalk, assume a pedestrian is the reason and do not pass it.

Do Pedestrians Have the Right of Way in a Parking Lot or Driveway?

Yes, when crossing a sidewalk. A driver pulling out of a driveway, alley, or parking lot has to yield to people already on the sidewalk. G.S. 20-173(c) requires the driver "emerging from or entering an alley, building entrance, private road, or driveway" to yield to any pedestrian or bicyclist "approaching on any sidewalk or walkway extending across" it. The sidewalk crossing the driveway mouth is the pedestrian's, not the car's.

Do Pedestrians Always Have the Right of Way in North Carolina?

No, and this matters for injury claims. A pedestrian who darts out mid-block, crosses against a signal, or steps off the curb into traffic too close to stop can lose the right of way, and in a business or residence district, drivers owe the strongest duty within marked crosswalks under the right-of-way statute, G.S. 20-155. North Carolina also follows a strict contributory negligence rule, so if a pedestrian is found even slightly at fault, the insurer will argue the claim should fail. That makes the facts, the crosswalk type, the signal, the witnesses, and any nearby cameras decisive. If you or a family member was hit while crossing, our Raleigh pedestrian accident lawyers can pin down who actually had the right of way.

Talk to The Law Offices of John M. McCabe

If a driver failed to yield and struck you in a crosswalk, the insurer will look for any reason to blame you. The Law Offices of John M. McCabe prepares every case as if a jury will hear it. Call for a free consultation.

Updated 2026. This page reflects North Carolina's crosswalk law, G.S. 20-173, and right-of-way law, G.S. 20-155, in effect as of 2026. It is general information, not legal advice.

Check out other NC safety laws by visiting our main North Carolina safety laws page.