Do Pedestrians Always Have the Right of Way?

Many of us have been told that “pedestrians always have the right of way” at one point or another. Typically when we are studying for our drivers’ tests, we learn that pedestrians always have the right of way. But is this statement true?

When pedestrians are involved, accidents can be even more dangerous than usual. If you were a pedestrian injured in an auto accident or your vehicle was struck in an accident involving a pedestrian, you will likely require legal representation from a lawyer for pedestrian hit by car to get a fair outcome in your pedestrian-car accident claim. Burger Law can help. We have dedicated our careers to helping families and individuals recover from their accident and the damages with which they are left. To make the most out of the situation and to get help managing your case, turn to Burger Law. Let us help you by calling us today at (314) 500-HURT.

Do Pedestrians Always Have the Right of Way?

Simply put, the answer is no; pedestrians do not always have the right of way. But what exactly does this mean, and
when do they have the right of way?

The term right of way in traffic law describes who must yield to other motorists and road users. It does not explicitly grant travelers the right to proceed forward without exercising caution. There are many different right-of-way rules that are used in different situations. For example, if you approach a stop sign at an intersection at the same time as another driver, the driver on the left should yield the right of way to the driver on the right, letting the driver on the right move through the intersection first. If you are at a green traffic light and are turning left, you yield the right of way to all the vehicles traveling straight before you proceed to make your left-hand turn.

Just as with drivers of vehicles, there are certain right-of-way rules pedestrians must follow depending on the location and the surrounding situation.

When Pedestrians Have the Right of Way

Pedestrians do have the right of way at designated crosswalks. According to Missouri Statute 300.375, drivers are to yield the right-of-way to
pedestrians crossing the road at a crosswalk while the pedestrian is on the driver’s side of the road. This applies only to crosswalks and only where traffic control signals (i.e. traffic lights) are not in operation.

When Pedestrians Do Not Have the Right of Way

Pedstrians actually must follow many of the rules of the road that drivers of vehicles must follow. Just as drivers have a commitment to other drivers and road users, which include bicyclists and pedestrians, pedestrians too are required to act in a manner that keeps drivers, passengers, and other road users safe. This typically entails following traffic laws and general rules of the road as well as being alert and proceeding with caution.

The same statute in Missouri that gives pedestrians the right of way at crosswalks also states that a pedestrian is not to leave a safe place like a curb or sidewalk to walk or run into the path of a vehicle when the vehicle is so close it’s impossible for the driver to yield. A pedestrian cannot suddenly jump in front of car and expect that the car will be able to safely avoid them, in other words.

Other instances of when a pedestrian does not have the right of way include:

• Jaywalking
• Crossing in the middle of the street or in the street between crosswalks
• Walking in areas where pedestrians are prohibited
• Disobeying a traffic signal (such as crossing an intersection while the “Do not cross” light is illuminated)

If You Approach an Intersection While Driving, Do You or the Pedestrian Have the Right of Way?

One of the confusing areas of Missouri traffic law concerns a driver approaching an intersection. According to Missouri law, pedestrians have the right of way at intersections, including both marked and unmarked crosswalks. Therefore, if you are approaching an intersection, you are required to yield to pedestrians who are already crossing the street.

However, the pedestrian should always cross the street when the traffic signal allows. This means that if a driver is already in the intersection when a pedestrian enters, the driver has the right of way. A pedestrian cannot step into the road into the path of an oncoming car that does not see or expect them.

When Turning at an Intersection, Who Has the Right Away?

When a driver is turning left at an intersection, they must yield to the oncoming vehicles. Additionally, they must also yield to pedestrians who are legally crossing the street in the crosswalk.

The rules for drivers turning right are similar. They must yield to pedestrians crossing the street from their right. Even if the traffic light is green or there’s a right-turn-on-red scenario, drivers must carefully check for pedestrians before making the turn.

While pedestrians have rights, they also have responsibilities for ensuring their safety. They must obey all traffic signals and only cross at designated pedestrian crossings when it is safe. Pedestrians should not suddenly leave a curb or other safe place and walk or run into the path of a vehicle that cannot stop in time.

What Is the Right Thing To Do When Approaching an Intersection?

When approaching any intersection, drivers should always slow down and look out for pedestrians crossing the road. This is especially important because pedestrians are more vulnerable and can easily be injured or killed in a collision with a vehicle.

In Missouri, you might see stop signs or yield signs at certain highway entrances. The state has the power to turn any intersection into a stop or yield requirement by putting up the appropriate sign. When you approach such an intersection, it is your responsibility to come to a complete stop at the stop sign or yield the right of way to oncoming traffic. This includes both vehicles and pedestrians.

You must also slow down to a reasonable speed for the current conditions. If drivers don’t obey the posted speed limit, they might not be able to stop in time for obstacles or pedestrians.

Who Has the Right of Way When There Are No Crosswalks?

Pedestrians indeed have the right of way in most situations on Missouri roads. This means drivers need to do whatever it takes to avoid hitting a pedestrian in most circumstances.

However, it is different when a pedestrian crosses the street outside of an intersection without a marked crosswalk. Under RSMo. 300.390, when pedestrians cross a road with no intersection or crosswalk, they must yield the right-of-way to all vehicles. Still, this does not mean a driver has free reign to simply crash into pedestrians they see in the street.

Pedestrian-Motorist Accidents

Though it is not true that a pedestrian always has the right of way, drivers must still exercise due care. This means that, as a driver, you must exercise care to avoid striking a pedestrian whenever possible. So even if a pedestrian fails to yield to a driver when the pedestrian does not have the right of way, the driver must do what they can to avoid hitting the pedestrian while also trying to avoid putting fellow drivers in harm in doing so. As a driver, it’s important to realize that, if you approach another vehicle that is stopped at a crosswalk, they may be yielding to a pedestrian. You should not attempt to pass the stopped vehicle. This can result in an accident.

“I’ve dedicated my entire life to helping our clients receive full compensation for their injuries.”

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Gary Burger

Litigation attorney

St. Louis Pedestrian Accident Lawyer | Burger Law

After you’ve been hurt in an accident, either as a pedestrian or a motor vehicle passenger or driver, things can seem daunting. Let an experienced law firm who cares about your well-being help you in your injury claim. Gary Burger of the Burger Law firm has a strong history of standing up for those who have been hurt and getting them the compensation to which they are entitled. Contact us today to find out how we can help with your case. Call us at (314) 500-HURT or contact us online to get help with your case today.

Gary Burger

Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO

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