DMV Permit · Right of Way

A pedestrian is in the middle of an unmarked crosswalk at an intersection. A driver wants to turn right. Who has the right-of-way?

Correct answer

The pedestrian — pedestrians always have the right-of-way in crosswalks (marked or unmarked); drivers must yield even on a green light if a pedestrian is in or about to enter the crosswalk

  1. A The driver turning right, since they have a green light
  2. B The pedestrian — pedestrians always have the right-of-way in crosswalks (marked or unmarked); drivers must yield even on a green light if a pedestrian is in or about to enter the crosswalk
  3. C First to arrive at the intersection
  4. D Whoever makes eye contact first

Why this is the answer

PEDESTRIAN RIGHT-OF-WAY: Pedestrians have right-of-way in crosswalks — both MARKED (painted stripes) and UNMARKED (the implied crosswalk that exists at every intersection regardless of paint). DRIVER MUST YIELD: When a pedestrian is in a crosswalk; when a pedestrian is about to enter — many states require yielding to a pedestrian who has stepped off the curb to cross; when turning on any colour light if pedestrians are present in your path. ANTI-BLOCKADE RULE: Never stop your vehicle in a crosswalk — a pedestrian must be able to cross without stepping around your car. NEVER PASS: Never pass a vehicle that has stopped for a pedestrian in a crosswalk — the stopped vehicle is blocking your view of the pedestrian; this is a common cause of pedestrian fatalities.
Source: DMV Handbook, Pedestrian Right-of-Way

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