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by tsimionescu
599 days ago
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No, this is a misunderstanding of what right of way means. Drivers are never allowed to intentionally cause accidents, either with other cars or with pedestrians. If you have right of way in an intersection but a car is nevertheless not yielding to you, you are not allowed to plow into them if you can reasonably avoid it. That doesn't mean that you don't actually have right of way, or that you need to stop at every intersection to make sure that someone is not yielding. The same is true with pedestrians crossing where they have to yield to cars. It's their responsibility to check that no cars are passing before crossing. At a crosswalk, drivers will slow down if they see a pedestrian heading towards the crossing; they don't need to (and won't) at other places. Of course, if they see a pedestrian in the middle of the road, they are not allowed to hit them, just like they're not allowed to hit a car. |
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> At a crosswalk, drivers will slow down if they see a pedestrian heading towards the crossing; they don't need to (and won't) at other places.
They literally must. It's in the law I cited:
https://law.justia.com/codes/new-york/vat/title-7/article-26...
You can go to jail if you don't take due care to avoid hitting a pedestrian, or even an animal. The right of way of the person being hit is irrelevant. But sure, if you, pedestrian, cause an accident due to your failure to respect right of way, you have also violated a traffic law, and you could be punished for it.
In practice, in a place like NYC, you're going to have to go to pretty extreme lengths for this to apply. Maybe if you dart into traffic maliciously, and a car swerves to avoid you and hits something? I dunno. It's hard to imagine a scenario.