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by timr 599 days ago
We're saying the same thing, so "misunderstanding" is a bit of a strong claim.

> 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.

1 comments

> They literally must. It's in the law I cited

That law requires them to exercise due care if a pedestrian is already on the road. This doesn't mean in any way that they have to slow down if they think the pedestrian might cross the road, as long as they are not endangering them. Even if the pedestrian is already on the road but far away, say on the first lane while the driver is on the third lane, the driver doesn't need to slow down.

Conversely, when a pedestrian is on a crosswalk and thus has right of way, the car needs to slow down even if the pedestrian is relatively far on a different lane.

> You can go to jail if you don't take due care to avoid hitting a pedestrian, or even an animal.

Please explain how this is different from a car that is blocking your way. Would you not be liable for jail if you intentionally hit a car idling on your lane just because it wasn't allowed to be there?