Clarifying legal rights, duties of pedestrians, drivers, cyclists Clarifying legal rights, duties of pedestrians, drivers, cyclists (March 24, 2004)

** Cover story raises questions.

By David Boyce
Almanac Staff Writer

A recent Almanac cover story dealt with hazards facing pedestrians, joggers and bicyclists along many roads in our circulation area. Almanac reader Ted Bache suggested that we clarify the legal rights of pedestrians.

One of the things that prompted Mr. Bache to contact the Almanac was the time he stopped for a pedestrian on Santa Cruz Ave, near Hillview Middle School, and the driver behind him swerved into the bicycle lane to be able to keep on going. Mr. Bache wrote a letter to the editor regarding this, and then questioned a California Highway Patrol officer, who told him the driver was breaking the law: Crossing into the bike lane to bypass a car slowed or stopped to make a turn, or allowing a pedestrian to cross, is illegal.

Following are answers to frequently asked questions. The information is derived from the California vehicle code and Almanac interviews with Officer Dave Metzger of the Atherton Police Department and Officer Ross Wakefield of the California Highway Patrol.

Q. Must pedestrians cross only in marked crosswalks?
A. In California, pedestrians have the right-of-way and may cross "wherever two roadways meet," whether or not the lines of a crosswalk are painted on the street, Officer Metzger said.

Q. When must a driver stop for a pedestrian?
A. Drivers must stop for pedestrians who are inside a crosswalk or crossing at an intersection.

Q. Do pedestrians have absolute rights in crosswalks?
A. "You can't just run out into the roadway," Officer Metzger said. Pedestrians should approach the road, stop, try to make eye contact with drivers and indicate that they want to cross, he said. Only totally blind pedestrians walking with a white cane or guide dog have an absolute right-of-way.

There are situations in which vehicles and pedestrians can be in the crosswalk at the same time, Mr. Metzger said. In the case of a six-lane roadway such as El Camino Real in Atherton, for example, he said that while there is room for interpretation, once a pedestrian has left a lane of traffic, vehicles using that lane can proceed.

Vehicles must also stop when planning to turn into a driveway that is being approached by a pedestrian.

Q. What if there are lighted pedestrian signs?
A. At intersections equipped with lighted pedestrian signs, the flashing-orange raised hand tells pedestrians not to leave the curb. If the flashing begins while crossing, finish crossing the street.

Q. Are bicyclists considered pedestrians?
A. Anyone on foot is considered a pedestrian, as are people on skateboards, roller blades, wheelchairs, tricycles and quadricycles.

Bicycles are always considered vehicles when ridden, even inside a crosswalk, and must follow the rules governing vehicles, Mr. Metzger said. A bicycle rider becomes a pedestrian when walking a bike across an intersection.

Q. Can pedestrians walk in bike lanes?
A. Pedestrians walking along a street without sidewalks do not have the right-of-way and must yield to vehicles, including bicycles, Mr. Metzger said.

In an accident involving a pedestrian that occurs at a place other than an intersection and on a street without sidewalks, the pedestrian is considered the primary cause, Mr. Metzger said. "It is their responsibility to get out of the roadway to allow free movement of the vehicles," he said.

When a hazardous situation exists -- such as the presence of pedestrians on a street without sidewalks -- vehicles should travel at the speed limit, Mr. Metzger said, but he noted that the presence of pedestrians is not, in itself, a requirement to slow down.

Q. Can pedestrians stop in crosswalks?
A. Pedestrians are prohibited from stopping while crossing the street in a way that would impede the flow of traffic, Mr. Metzger said, adding that a pedestrian's incorrect behavior does not relieve a driver of the obligation to yield to pedestrians in crosswalks and at intersections.

Vehicles, too, are prohibited from stopping inside a crosswalk, Mr. Metzger said.

INFORMATION

** If, in November, two-thirds of San Mateo County voters re-authorize Measure A -- the half-cent transportation sales tax -- about $66 million (including federal matching funds) would be available for addressing the needs of pedestrians and bicyclists over the next 20 years.

** The city of Menlo Park is seeking a $450,000 state grant to build a sidewalk on the south side of Santa Cruz Avenue between Olive and Johnson streets, Menlo Park Transportation Manager Jamal Rahimi told the Almanac recently.

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