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 New York State, the Vehicle and Traffic Law (VTL) governs the right of way between drivers and pedestrians. Under these laws, drivers are required to yield the right of way to pedestrians at all marked crosswalks and at unmarked crosswalks at intersections. Drivers must also yield to pedestrians when turning on a green light or making a turn on red after stopping. Additionally, when a pedestrian is crossing a roadway from a sidewalk, such as when exiting an alley, driveway, or building, drivers must yield. Pedestrians, on the other hand, are required to yield the right of way to vehicles when crossing the road at any point that is not a marked or unmarked crosswalk. In New York, traffic signals dictate the right of way for pedestrians in intersections with traffic lights, and pedestrians should only cross during the designated walking signal. Local municipalities may have additional ordinances that further regulate pedestrian right of way, but these local laws cannot conflict with state statutes.