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Old 01-16-2012, 09:42 PM
 
Location: Los Angeles, CA
3,166 posts, read 3,883,136 times
Reputation: 2378

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Quote:
Originally Posted by JTGJR View Post
It's interesting to me that so few people really understand the right of way law:

CALIFORNIA VEHICLE CODE 21950 STATES THAT:
(a) The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter.


(b) This section does not relieve a pedestrian from the duty of due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.



(c) The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.


(d) Subdivision (b) does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within any unmarked crosswalk or within any unmarked crosswalk at an intersection.

Notice these subdivisions do not necessarily require a motorist to wait for a crossing-walking pedestrian to completely leave the crosswalk and step onto the curb before a driver may lawfully pass. Instead, the statute requires only that a driver yield the right-of-way to pedestrians [subsection (a)], and to exercise "all due care," [Subsection {c}. Vehicle Code 525 defines right-of-way as "the privilege of the immediate use of the highway.

My rules of thumb:

1. When making a left hand turn, wait for the ped to clear the crosswalk.
2. When making a right hand turn, wait until the ped is at least 2 lanes past my turning lane.

What truly bothers me are pedestrians who hang ten off the curb waiting for the light to change and, even worse, idiot parents who have a baby stroller hanging 10 off the curb.
I pretty much do the same, except that if one or more of the pedestrians is a kid I usually wait until they cross completely.
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Old 01-16-2012, 10:37 PM
 
Location: Bay Area, Calif.
2,431 posts, read 2,942,164 times
Reputation: 2589
JTGJR: "Subdivision (b) does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within any unmarked crosswalk or within any unmarked crosswalk at an intersection..."

I don't know if much has changed, but back in the mid 90's, when I was training to drive first a public transit MTA bus and then an LAUSD School bus, the emphasis was always passenger and pedestrian safety, rather than motorist convenience, since vehicles tend to weigh much more than people and hopefully, are still far less precious.
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Old 01-16-2012, 11:28 PM
 
Location: Los Angeles
6,187 posts, read 8,001,652 times
Reputation: 7942
Quote:
Originally Posted by Patrolman View Post
1200RT, the way Bob described his near-hit incident, he had the right of way. The driver turning left appears to have placed all his/her attention on the oncoming traffic and failed to see the pedestrian. If that's the way it had gone down and I witnessed it, the driver would have been cited for failure to yield.

I also agree with Bob that crossing the street nowadays is really putting your life in jeopardy if you are not paying attention. For instance, Glendale has a dismal track record regarding the high number of pedestrian injuries/fatalities and that's in a city with a top-notch police department and a no-nonsense attitude regarding traffic enforcement. You can only do so much when budgetary restraints limit the number of officers assigned to the traffic bureau.
There was no on coming traffic that the driver was waiting for.
He just felt he was going to make the turn, and the hell with anything, or anyone that was in the way.
The car was so close to me, that I pounded my fist on the trunk of the car, leaving a good size dent in it.
Bob.
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Old 01-17-2012, 10:47 AM
 
Location: San Diego
38,115 posts, read 34,132,367 times
Reputation: 22308
Wow, timing. I was on the way home the other day and ended up at a 4 way stop with 3 cars and a ped. The ped was directly across from me so I sat there to let the ped cross. This chick in a car to my left gives me the stink eye and tries to wave me on. Since I wouldn't go (ped still in crosswalk) she guns it turning left and has to swing way out to avoid hitting the ped.

Don't cars have to yield until the ped is clear across the street? Much the less still on that side of the road. Geez
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Old 01-17-2012, 04:48 PM
 
Location: Boulder Creek, CA
9,197 posts, read 14,477,291 times
Reputation: 6333
Quote:
Originally Posted by CALGUY View Post
The car was so close to me, that I pounded my fist on the trunk of the car, leaving a good size dent in it.
"Hey I'm waukin' heah, I'M WAUKIN' HEAH!!"

(BTW, that line was a totally unscripted, unplanned rant by Dustin Hoffman. He was pissed off at the random taxi driver nearly hitting him during the film shoot)
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Old 01-17-2012, 06:51 PM
 
Location: SoCal, Idaho
3,162 posts, read 8,854,163 times
Reputation: 1637
Quote:
Originally Posted by 2Easy View Post
You obviously misread something since he said that the car turned when he was halfway across, yet you somehow concluded that he was in the wrong.
I certainly did not.

The OP said 'The driver was making a left turn from a heavily traveled street.'

If he said 'the driver was preparing to make a left turn', then i would have misread.

"making a left turn" implies he was in the act of making his turn.
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Old 01-17-2012, 06:55 PM
 
Location: SoCal, Idaho
3,162 posts, read 8,854,163 times
Reputation: 1637
Quote:
Originally Posted by Patrolman View Post
1200RT, the way Bob described his near-hit incident, he had the right of way.
Description lacked detail and I disagree that we could come to that conclusion.

Since the OP has now updated our understanding, I agree that the vehicle was now in the wrong.

I'm surprised you jumped to that conclusion from his description. I would have been thrown out of reporting classes if i brought that to the table.

Either way, carry on.
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Old 01-17-2012, 08:35 PM
 
Location: Los Angeles, CA
3,166 posts, read 3,883,136 times
Reputation: 2378
Quote:
Originally Posted by 1200RT View Post
I certainly did not.

The OP said 'The driver was making a left turn from a heavily traveled street.'

If he said 'the driver was preparing to make a left turn', then i would have misread.

"making a left turn" implies he was in the act of making his turn.
"Making a left turn" for most people would mean the entire process of turning and the turn itself would be called turning. That aside he clearly stated that the car nearly hit him in the middle of the intersection yet you claimed that he was at fault. Under what circumstances would a pedestrian legally crossing an intersection as he described, not have the right of way in the middle of a crossing?
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Old 01-17-2012, 11:37 PM
 
Location: Los Angeles
6,187 posts, read 8,001,652 times
Reputation: 7942
In my original post I started it with the fact that back when I moved to California, all vehicles came to a full stop when a pedestrian entered a crosswalk, and that meant all vehicles, regardless of what direction they were traveling.
I guess I should have added, what is it about the law that today's drivers don't understand when it comes to people in crosswalks?
Why do they no longer feel they have to stop for people in crosswalks?
This really bothers me.
Bob.
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Old 01-18-2012, 11:41 AM
 
Location: SoCal, Idaho
3,162 posts, read 8,854,163 times
Reputation: 1637
Quote:
Originally Posted by CALGUY View Post
In my original post I started it with the fact that back when I moved to California, all vehicles came to a full stop when a pedestrian entered a crosswalk, and that meant all vehicles, regardless of what direction they were traveling.
I guess I should have added, what is it about the law that today's drivers don't understand when it comes to people in crosswalks?
Why do they no longer feel they have to stop for people in crosswalks?
This really bothers me.
Bob.
the CVC is violated every single minute of every single day. The public's understanding of the CVC has nothing to do with it actually being followed. Unfortunately, these are easy codes to 'break', and are less than typically enforced, so people feel they can get away with it (and usually do get away with it).
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