Q: At an intersection, where the flow of traffic in question does not have a stop sign, and there are several cars flowing through it, does a pedestrian have the right to step off the curb to cross as long as it does not cause an “immediate” hazard? Who has the right-of-way?
A: I’ll get to the actual answer in a moment, but I want to lead with this: Don’t hit the pedestrian. Yep, you already knew that, I know. My point here is that there is the right-of-way, and then there’s the right thing to do.
We often talk about who has the right-of-way, but that’s really a distortion of the language in our laws. The law doesn’t define who has the right-of-way; it states who must yield the right-of-way. Maybe that sounds like two different ways of saying the same thing, but there is a difference. Think of right-of-way as something floating out there in the universe that you can never take for yourself, but you’re free to give to someone else. Okay, now it sounds like I’m writing a new age self-help book. But the point still stands.
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