The Right of Way with Pedestrians, Crosswalks and Intersections

Ohio motor vehicle accident attorney, Scott Kuboff, discusses pedestrians, crosswalks, intersections, and who has to duty to yield the right of way in different situations between pedestrians and motor vehicles. These rules are found in R.C. 4511.46 and R.C. 4511.48.

Ohio has several statutes providing rules on the right of way. These statutes are designed to create clarity as to what vehicle may go and what vehicle must stop so as to not cause collisions. Right of way statutes make traffic flow predictable and our roadways safe. For pedestrians, R.C. 4511.46(A) provides “[w]hen traffic control signals are not in place, not in operation, or are not clearly assigning the right-of-way, 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 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." Of course, R.C. 4511.46(B) prohibits pedestrians from suddenly leaving a curb or other place of safety and walk or run into the path of a vehicle. And R.C. 4511.48(A) requires pedestrians to yield the right of way to vehicles when "crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection."

If you have sustained an injury in a motor vehicle collision, please contact Scott for a no cost, no obligation consultation and case evaluation.

Crossing Outside the Crosswalk: Am I Barred from Recovering?

We’ve all done it before – especially anyone who frequents the Justice Center – crossing the street outside the crosswalk or in the crosswalk but when there is the “do not walk” signal.   Through my unofficial and unverified observations, 99% of the time it is done without incident.  However, what happens during the other 1% of the time?   Can the individual who was struck and injured recover for their loss?    My answer: it depends.

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