Do you think I deserve a ticket for failure to yield to pedestrian in crosswalk? Video

[iDash]

Just want your advice about a ticket I received.

It is a failure to yield to pedestrian in crosswalks. Do you think I should fight this based on saying that didn't actually impede the pedestrian (he/she didn't have to stop in their path and wait for you) and therefore yielded.

 

[abarth]

technically, yes. around here (California), if there is a pedestrian anywhere in the crosswalk (even if they're at the opposite end), you cannot cross in front of them. it's likely that's the law in most states.

 

[kamkar]

That would not be a fine here in Denmark, while you are supposed to yeld for a pedestrian, then in this case you would be good to turn in front of him.
But here the guy dident even have to slow down, so you making that turn would be okay, any car behind you following you, that would be a whole other matter as he would be in danger of running the guy over.

 

[DT MI]

It would depend on the specifics of the law(s) in your location - but if the law says you have to yield to pedestrians in the crosswalk then you have to yield. Pretty cut and dry and leaves no room for differing individual interpretation.

 

[iDash]

technically, yes. around here (California), if there is a pedestrian anywhere in the crosswalk (even if they're at the opposite end), you cannot cross in front of them. it's likely that's the law in most states.

I think that is a big fallacy in California that you must stop. You have to yield to pedestrians, the law does not say you must stop if anyone is in the crosswalk.

Please check out this link I just found for a good discussion about the california law and peoples interpretations and even citing case law. I'm not in California but I have a similar yield law, it doesn't even mention stop as some states you must stop.

https://www.expertlaw.com/forums/showthread.php?t=109454

 

[abarth]

I can only speak of CA and CVC §21950. it basically states that a pedestrian has the right of way when in a marked or unmarked crosswalk and that a driver in a vehicle must yield and stop. I've definitely been guilty of breaking this code but if I am ever written up for it, I certainly don't think I'd have any room to protest it.

 

[Nigel]

Here, you wouldn't get a green light unless the pedestrian had a red light, in which case you would have right of way.

 

[Gazwould]

The UK isn't as bonkers as I thought...

Crazy place to put a crossing .

 

[FatStrawPDX]

I get honked at by the cars behind me so many times when I wait and let a pedestrian cross.

 

[iDash]

The officer said that I cut in front of him when I re watched the video, do you think in that video that I cut in front of him? Yes I did turn when he just entered the cross walk on the other side of the street from me but I don't think I cut in front of him.

Cutting in front of someone is much different.

I'm going to bring the video to traffic court and try and fight this one. The law in my state says I must yield to pedestrians in the crosswalk it doesn't say stop. Yield must have a definition someplace and from what I found is that yield means that you safely proceed and stop if it is warranted if you are not making it unsafe for others.

 

[abarth]

Here, you wouldn't get a green light unless the pedestrian had a red light, in which case you would have right of way.

even when the pedestrian is parallel to the traffic with the green light? because that's how it is in the OP's video. It just so happens that the pedestrian has a walk light and the OP is making a right turn on his green light.

I get honked at by the cars behind me so many times when I wait and let a pedestrian cross.

Yup. All. The. Time. I just try to ignore it since their emergency isn't my emergency.

The officer said that I cut in front of him when I re watched the video, do you think in that video that I cut in front of him? Yes I did turn when he just entered the cross walk on the other side of the street from me but I don't think I cut in front of him.

Cutting in front of someone is much different.

I'm going to bring the video to traffic court and try and fight this one. The law in my state says I must yield to pedestrians in the crosswalk it doesn't say stop. Yield must have a definition someplace and from what I found is that yield means that you safely proceed and stop if it is warranted if you are not making it unsafe for others.

But you didn't yield. If you did yield, the pedestrian (who has the right of way while in a cross walk) would have made it to the other side of the road before you made your right turn. But like a said before, I've been guilty of the same thing and will probably be guilty of it again. It would have been nice if the officer let you off with a warning and I still wish you a lenient judge should you choose to fight it.

 

[flank]

All of those people got booked for the same reason, don't think your video helped any.

 

[Nigel]

even when the pedestrian is parallel to the traffic with the green light? because that's how it is in the OP's video. It just so happens that the pedestrian has a walk light and the OP is making a right turn on his green light.

Our traffic lights control the flow of vehicles and pedestrians so that there is no conflict, nobody ever has to yield, if you have a green light then it is safe to proceed.

We also never drive through red lights, unlike the USA, red always means stop, for cars, pedestrians, cycles, busses, everything!

I find it hard to understand why anyone would design a system where first you don't always have to obey the lights and even when you do, it may have given green to two streams of vehicles/pedestrians which will run into conflict! If you still have to yield to other road users, what is the point of having the lights?

 

[abarth]

that's cool. thanks for the bit of education.

 

[M Basta]

You deserve a ticket for listening to Bush! I literally get nauseous when I hear that band. I kid you not. I am literally physically repulsed by that band. I honestly don’t know how/why that happens. I can’t think of another band that does that to me. I think it’s his voice.

As for your driving, I’d give you a warning if I was a cop. Then I’d give you give you another ticket for your music.

 

[Nigel]

that's cool. thanks for the bit of education.

I've been wondering if your system has any advantage? Clearly it means some people can go sooner, but you also need to go more slowly and carefully since you don't know that it is safe and if you have a lot of pedestrians you may not be able to go at all when you have a green light while we always get our turn. The more things you need to watch for the more dangerous it gets. Also, with our system the pedestrians know that all traffic has stopped so they can cross diagonally across the junction often meaning only one crossing instead of two so they hold the traffic up for half the time, it probably works out with no time advantage but a lot safer and less stressful for everyone.

 

[Rajagra]

No conflict of interest = no requirement to yield.
"Yield" means to allow the other person to proceed while surrendering your own right to proceed. But since you were both able to proceed unhindered simultaneously, yielding would have been meaningless.

Put another way, you did nothing to impede their progress.

But law has a habit of redefining words and logic, so maybe legal advice is needed. The above would be a good starting point for the discussion, though.

 

[DT MI]

To further add to the uncertainty of what is legally required many communities (at least here on this side of the pond) are enacting local ordinances that differ from state laws.

National summary: http://www.ncsl.org/research/transportation/pedestrian-crossing-50-state-summary.aspx

Local exception example: http://www.wzzm13.com/article/traff...d-by-law-to-stop-for-pedestrians/69-515248898

This really puts the driver in a disadvantaged position because it's impossible to familiarize oneself with the local requirements of all communities you may be passing through while traveling.

 

[kamkar]

Some traffic lights here that have a right turn arrow will light that one 10 seconds before pedestrians are given their green walk light.
other traffic lights have cyclist lights too, which like above will be given a green delayed green light and also often get a red light before cars do, again so i few can make a right turn while its green for them and red for anyone else that can get in trouble.
We also have to yeld to people in a crosswalk, a thing many Danes dont seem to get at least not with the regular crosswalks on the middle of a road and not fitted with red/green light, but the traffic code say " you must yeld/stop if a person in such a place are indicating they might cross over"
A bit annoying some times now as people choose to stop right there to talk on their damn phones, and then you approach thinking they want to cross,,,, at least turn your back to the crosswalk then.
Though in all fairness pedestrians here are now pretty clueless too, when i do the right thing people often smile and me and wave,,,, why i dont know, no need to thank a person doing what he is supposed to do, rather you should yell and scream and flip off the persons that do not do what they are supposed to do.

Like this one.

Oncoming car break the law wit the understanding that the woman are all the way over there so i dont have to stop, i do the right thing as,,,, well having done wrong in so many aspects for so many years its about time to change.

 

[kamkar]

Further down the road a example of what i said above, i get green right turn arrow, crossing traffic get green left and right turn on the left, all before the pedestrians get their green GO.
No cyclist signal here and as they are suicidal and stupid i always look over my shoulder before i turn cuz some of those idiots read a green right turn for cars as a green go strait for them