Neither the driver nor the pedestrian can assume that the right of way is implied. The responsibility is shared. Through communication and cooperation, we should all take responsibility for pedestrian safety.
Laws for Pedestrians
TCA 55-8-134 and TCA 55-8-135:
“Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the roadway.
“Between adjacent intersections at which traffic control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.”
“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 the driver can't yield.”
TCA 55-8-138:
Where sidewalks are provided, it is unlawful for any pedestrian to walk or use a wheelchair along and upon an adjacent roadway.
TCA 55-8-180:
Pedestrians led by guide dogs or carrying identifying can (white with red tip) shall be given the right of way to cross on any public street.
Laws for Drivers
TCA 55-8-134:
When traffic controls 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 yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the 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. 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.
TCA 55-8-172:
Traffic laws apply to persons riding bicycles. Every person riding a bicycle upon a roadway is granted all the rights and is subject to all the duties applicable to the driver of a vehicle.
TCA 55-8-149:
Every driver of a vehicle approaching a stop sign shall stop before entering the crosswalk on the near side of the intersection, or in the event there is no crosswalk, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of the approaching traffic on the intersecting roadway before entering the intersection.
Pedestrian Safety and Responsibilities
Only Use designated crosswalks - Use clearly marked designated crosswalks. If a designated crosswalk is not delineated, cross at an intersection with a traffic control device (stop sign, traffic light) when feasible.
Do not assume drivers can and will stop. It is the pedestrian's responsibility to ensure that it is safe to cross the roadway. Stepping in front of oncoming traffic can cause an accident. Look left, look right, and look left again before steeping out to a marked crosswalk.
Use good judgment - Be mindful of traffic conditions at all times. Having the right of way, will not prevent you from being struck by a motor vehicle.
Be predictable. Make it easy for drivers to see you by dressing in light colors and wearing retro-reflective material.
Driver Safety and Responsibilities
Be attentive - Especially when traveling in and around intersections or with heavy pedestrian traffic.
Be alert - Some pedestrians may challenge you to stop since they have the right of way at a crosswalk. Failure to yield to a pedestrian within a marked crosswalk violates Tennessee State law.
Turning on a green light - If you are turning with a green light, the pedestrian crossing with a green light has the right of way.
Uncontrolled intersections - A pedestrian passing through an uncontrolled intersection has the right of way even if there is no marked crosswalk.
Stopped vehicles - Do not overtake or pass vehicles that are stopped for pedestrians.
Comments