Laws regarding when drivers must yield the right of way to pedestrians vary from state to state and are usually located in a state’s statutes—often in the motor vehicle code, traffic code, or transportation code, for example. Cities and towns (municipalities) may also have local laws (ordinances) that govern when and where pedestrians or drivers have the right of way.
Although laws vary from state to state, in most states:
• Drivers must yield the right of way to pedestrians at marked and unmarked crosswalks.
• Drivers must yield to a pedestrian crossing on a sidewalk in front of an alley, building, driveway, or private road.
• Drivers must yield to a pedestrian crossing the street and approaching the driver’s half of the roadway.
And in most states:
• Pedestrians must yield the right of way to motor vehicles if the pedestrian is crossing anywhere other than a marked or unmarked crosswalk.
• When there are traffic lights present, pedestrians may only cross when there is a flashing walk signal (often showing the seconds remaining in the walk period).
In Delaware, the laws regarding the right of way for pedestrians are outlined in Title 21 of the Delaware Code, which covers Motor Vehicles, specifically in the sections related to rules of the road and pedestrian regulations. Drivers in Delaware must yield the right of way to pedestrians at all marked crosswalks and at intersections with unmarked crosswalks. Additionally, drivers are required to yield to pedestrians when exiting alleys, driveways, or buildings. Pedestrians have the right of way when they are on the same half of the roadway as the vehicle or when they are approaching so closely from the opposite half of the roadway as to be in danger. Conversely, pedestrians must yield the right of way to vehicles when crossing roads at any point other than within a marked or unmarked crosswalk. When traffic control signals are in operation, pedestrians must obey the signals and only cross during the designated walking intervals indicated by a walk signal. Local municipalities may also have ordinances that further regulate pedestrian and vehicle interactions, but these local laws must be consistent with state statutes.