Driver wonders whether he can enter crosswalk while pedestrian is there

Last Updated on December 10, 2018 by CCAR Staff

Q: Temecula resident Bob Crosson wants to know what laws are involved regarding pedestrians and drivers seeking to turn right in a crosswalk. Crosson asked, “When I have the light, am turning right, and pedestrians are walking toward me in the crosswalk I’m about to cross, if they are just stepping off the curb coming toward me, do I have to wait for them to cross even though they are 50 feet away?”

A: The answer here is no. A driver seeking to turn right at a crosswalk does not have to wait for a pedestrian to cross the entire street before making the right turn. However, the driver has to yield to the pedestrian and the safety of the pedestrian is paramount. California Vehicle Code  21950 spells out the responsibilities of the driver and pedestrian, but the law is not specific about which point exactly the driver can turn if a pedestrian is in a crosswalk, or how far the vehicle has to be from the person crossing.

Here is what the law under CVC 21950 says: “The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter.”

According to subsection C, “The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.”

So, as long as the driver turning right is doing so safely and is not too close to the pedestrian or endangering the pedestrian in any way, it’s legal to make the right turn even if the pedestrian is still in the crosswalk – and hopefully far enough away.

Q: Charles Drummond asked if he must prove that he has special needs in order to take an oral exam for a driver’s license at the California Department of Motor Vehicles, or if he can just ask for an oral exam when he is at the DMV. He also asked how many questions there are on the oral test.

A: The California Department of Motor Vehicles encourages people to use the touchscreen testing because it’s more efficient and “green,” said spokesman Jaime Garza. However, the DMV does offer the driver exam both in paper form and orally, if requested. Garza said the knowledge exam consists of 36 questions; the exam given to those who are under 18 years old consists of 46 questions. Senior drivers age 70 and older are required to take a license renewal exam that consists of 18 questions. If you prefer to have an oral exam instead of using the touchscreen, all anyone needs to do is ask. They don’t need any documented proof of special needs, Garza said.

Q: Dan Wolosuk of Menifee asked if the California Highway Patrol had any idea about the cause of daily traffic jams on the northbound 15 Freeway approaching the Dos Lagos shopping center in Corona. Wolosuk said there is often a 15-20 minute delay, and it’s not caused by accidents.

A: Not to take our reader’s inquiry lightly, but welcome to the freeways of Southern California. We asked Riverside CHP Officer Dan Olivas about this, and he said traffic may be backing up there because cars are merging onto the freeway, which slows everything down. Olivas said it’s really just a case of too many drivers on the freeway.

Do you commute to work in the Inland Empire? Spend a lot of time in your vehicle? Have questions about driving, freeways, toll roads or parking? If so, write or call On the Road and we’ll try to answer your questions. Please include your question or issue, name, city of residence, phone number and email address. Write ontheroad@pe.com or call 951-368-9670.

 


Please accept our sincerest condolences. As you navigate this deeply difficult time, our thoughts and prayers are with you, the victims and their loved ones who died in roadway tragedies.

While you take care of yourself and your family, let the legal team at Rafii & Associates, P.C. fight for you. Our personal injury attorneys have decades of experience extracting multi-million dollar settlements from the largest insurance companies. If you or your loved ones were harmed by an auto accident, call us today for a free evaluation of your case: 1-800-262-9885. Hablamos Español, para asistencia inmediata, llámenos.


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Hablamos Español, para asistencia inmediata, llámenos: 1-855-468-4482.

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