Times when you need to give way to pedestrians that you might not know

Giving way to pedestrians seems like a straightforward task, but there are actually quite a few nuances in the law that give those on foot more legal rights to road-related areas than motorists.

This can lead to some confusion, as cars either hold up traffic to let people cross or blast through areas where pedestrians have the right of way.

RELATED: Is it actually dangerous to use cruise control in the rain?

As defined by the law, a pedestrian is anyone who is walking, running, pushing a bicycle, using a wheelchair, riding a mobility scooter or motorised wheelchair, or using a skateboard, foot scooter, or rollerblades.

Those riding a bicycle are generally not considered pedestrians; the same goes for non-mobility assistance electric scooters or any other motorised equipment. Instead, they are considered a vehicle, which means they must adhere to the same give-way laws as cars.

But the roadways, especially in major cities, are becoming more centred around foot traffic, so when do pedestrians have the right of way?

When do you need to give way to pedestrians?

Apart from the most obvious scenarios, such as zebra crossings, traffic lights, and signage indicating that you must give way to pedestrians, there are a few other laws that give pedestrians the right of way.

When entering/exiting a driveway

The road rules specify that a driver entering (or exiting) a road-related area (that means a driveway, car park or otherwise) must give way to any pedestrian on the road or road-related area.

It doesn’t need to be signposted either. No matter what, if a pedestrian walks in front of your car, on the road or footpath, you must allow them to cross before you continue onto the road from the driveway or from the road into the driveway.

In shared zones

Shared zones are relatively new on roadways, emerging around the 2010s, but are becoming increasingly frequent in high foot traffic areas.

What many may not know is that all cars must give way to all pedestrians from the beginning of the shared zone until the sign-posted “end shared zone”.

Transport New South Wales says, “A Shared Zone is a road or network of roads where the road space is shared safely by vehicles and pedestrians. The maximum speed limit is always 10km/h. There may be no road lines, kerbs or gutters in a Shared Zone to show that pedestrians and vehicles are equal. Drivers must give way to pedestrians at all times.”

When performing a U-turn

As there is no signal to notify pedestrians and other road users of your intention to do a U-turn, you are legally required to give way to everyone.

Despite it being illegal to do a U-turn at a set of traffic lights or intersection, unless signposted in all states and territories except Victoria, this rule applies to all U-turns, regardless of whether they occur at a crossing point or not.

To understand more about U-turn laws, you can read more here.

When turning at an intersection

When turning at an intersection, you actually have to give way to all pedestrians crossing the road on the street you are about to turn into.

This rule applies regardless of whether there are traffic lights or a marked crossing; it is in effect at all times. This is covered until Road Rule 73 and applies to both right and left turns.

This rule does not apply to roundabouts; a vehicle exiting a roundabout always has the right of way and does not need to stop to allow pedestrians to cross.

Children’s crossings

During school zone hours, a temporary crossing may be assembled with orange ‘children crossing’ signs. Most schools elect a high-visibility lollipop person to signal vehicles when to stop, but the road rules specify that you must stop while the signs are up if someone is waiting to cross.

While most of these zones have now been converted into zebra crossings for added visibility, the law remains the same, regardless of whether there are traffic control personnel or painted lines.

Technically, in all scenarios

Technically speaking, you have to give way to pedestrians at all times – even if they are breaking the law by jaywalking. Obviously, you cannot just run over someone who has crossed at the wrong time, but even in the event of an accident, you can still be held liable as the driver.

According to Taylor and Scott lawyers, “Typically, the law will hold drivers responsible for a pedestrian incident. For example, if a pedestrian was jaywalking and got hit by a car, even though the pedestrian was in the wrong, the driver will be held liable for not having full control of their vehicle and not being fully observant of their surroundings”.

In most instances, it is up to the driver to prove that they made every attempt to avoid the pedestrian in the event of a collision, irrespective of whether the pedestrian was jaywalking or not.

The post Times when you need to give way to pedestrians that you might not know appeared first on Drive.