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 North Carolina, the laws regarding the right of way for pedestrians are outlined in the state's General Statutes, specifically in the motor vehicle and traffic codes. Drivers in North Carolina must yield the right of way to pedestrians at both marked and unmarked crosswalks. This includes yielding to pedestrians crossing a sidewalk that emerges from an alley, driveway, building, or private road. Additionally, if a pedestrian is crossing the street and is on the same half of the roadway as the driver or is approaching so closely from the opposite half to be in danger, drivers are required to yield. Conversely, pedestrians must yield the right of way to vehicles when crossing the road at any point that is not a marked or unmarked crosswalk. In situations where traffic control signals are in place, pedestrians are expected to follow the signals and only cross during the designated walking period indicated by a walk signal. Local municipalities may also have ordinances that further dictate the specifics of right-of-way laws, but these local laws must be consistent with state statutes.