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 South Dakota, the laws regarding the right of way for pedestrians are outlined in the state's statutes, specifically within the motor vehicle code. Consistent with many states, South Dakota law requires drivers to yield the right of way to pedestrians at both marked and unmarked crosswalks. Additionally, drivers must yield to pedestrians crossing a sidewalk when exiting an alley, driveway, or building, and when a pedestrian is crossing the street and is on the same half of the roadway as the driver or approaching from the opposite half of the roadway so closely as to be in danger. 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. When traffic control signals are in place, pedestrians are obliged to follow the signals and may 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 interactions between drivers and pedestrians.