Stay in the Crosswalk

Q: At an intersection controlled by a traffic signal, I was struck by a car that was making a left turn.  One of the bystanders told the police that I was outside the crosswalk, but I disagree.

A: Paragraph 3 of Section 1111(a) of the Vehicle and Traffic Law, speaks about a pedestrian.  Unless otherwise directed, once the pedestrian has a steady green signal, except when it is a turn arrow, he or she may proceed across the roadway within any marked or unmarked crosswalk.

Paragraph 2 speaks about a car facing a steady green arrow.  The car may cautiously enter the intersection.  This is only to make the movement indicated by the arrow, or some other movement that is permitted by other indications, and some kinds of U-turns.  The car must yield the right of way, assuming that the pedestrian is lawfully within the intersection or an adjacent crosswalk.

Meanwhile, under Section 1151(b) of the Vehicle and Traffic Law, 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 it is impractical for the driver to yield.

Although there might seem to be some overlap between the two sections, our court precedents say otherwise.  Your attorney must know the cases as well as the statutes.  This is the skill and knowledge expected of a member of the legal profession.

Having read the cases, your attorney will proceed under only one of these sections.  This is because our courts have ruled that, because your intersection was traffic controlled, section 1151 does not apply, and only section 1111 governs this case.

By: Scott Baron,
Attorney at Law Advertorial

The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.

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