In most cases, pedestrians only have the right of way when crossing the street at a marked crosswalk or intersection. However, pedestrians must obey any traffic control devices applicable to pedestrians when doing so. When walking down the street, pedestrians must use sidewalks whenever available. When they are not, pedestrians should walk as far to the left edge or shoulder as possible and walk facing traffic.
Oklahoma law recognizes that pedestrians are vulnerable road users. Drivers of motor vehicles have an obligation to keep a lookout for pedestrians and avoid hitting them. If you were injured in a car accident caused by a dangerous driver, Edwards & Patterson can discuss your pedestrian rights during a free consultation.
When Do Pedestrians Have the Right of Way?
Under Oklahoma law, a pedestrian has the right of way when crossing a road at a marked or unmarked crosswalk when the pedestrian is in the half of the roadway in which a vehicle approaching is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway to be in danger.
Drivers must yield the right of way to pedestrians entering or in a crosswalk, slowing down or stopping for a pedestrian as necessary. Drivers may not pass and overtake vehicles stopped to yield the right of way to pedestrians in a marked or unmarked crosswalk in an intersection. The law also requires drivers to exercise due care to avoid collisions with pedestrians, including sounding the horn when necessary to alert the pedestrian or taking extra precautions when observing a child or a confused or incapacitated person on the road.
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When Do Drivers Have the Right of Way?
Drivers have the right of way outside of crosswalks. Oklahoma law requires pedestrians to yield to approaching vehicles when crossing the road other than at a marked crosswalk or unmarked crosswalk at an intersection. They should also yield where a pedestrian tunnel or overhead pedestrian crossing is in place.
Pedestrians should not enter the roadway when an approaching vehicle is close enough to present an immediate hazard. Pedestrians may not cross the road outside a marked crosswalk when they are between adjacent intersections with operating traffic control signals. They must also not suddenly leave a curb or other place of safety to walk into the path of an oncoming vehicle.
Oklahoma law requires pedestrians to walk on sidewalks wherever provided. If a road does not have sidewalks, pedestrians must walk along the far left edge or left shoulder and face traffic. They must yield the right of way to any approaching traffic.
These state laws are designed to respect pedestrians and prevent injuries to them.
Is Jaywalking Illegal in Oklahoma?
The term “jaywalking” refers to crossing the street as a pedestrian outside of a crosswalk or other road crossing designated for pedestrians. In Oklahoma, the law requires pedestrians to cross roads at marked crosswalks when between two adjacent intersections with traffic control signals. Thus, crossing a street between traffic signals and outside a marked crosswalk likely constitutes illegal jaywalking in Oklahoma. However, pedestrians may cross outside a marked crosswalk between two intersections if one or both sections have stop signs instead of traffic lights or they lack traffic control devices.
Because jaywalking is illegal under many circumstances, a driver who hits a jaywalking pedestrian might argue that the pedestrian was to blame and that they should not have to pay for the pedestrian’s injuries in a collision. However, thanks to Oklahoma’s modified comparative negligence model, being partly to blame for an accident will not, on its own, prevent an injured pedestrian from winning their case.
Under this rule, injured pedestrians may still recover compensation for an accident they partially caused as long as they have an equal or lesser share of fault than the driver who hit them. Furthermore, any share of fault they bear for the accident can proportionally reduce their financial recovery.
Do Pedestrians Have to Obey Traffic Signals?
Oklahoma law requires pedestrians to obey the instructions of any official traffic control devices applicable to pedestrians unless otherwise directed by a police officer. Traffic control devices applicable to pedestrians may include traffic lights and pedestrian walk signals.
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What Are Some Steps a Pedestrian Can Take to Keep Themselves Safe?
Although the law requires drivers to exercise due care when driving around pedestrians, pedestrians can take proactive steps of their own to protect themselves and reduce their chances of being hit by a motor vehicle. Here are some essential tips to consider the next time you’re out walking:
- Stay vigilant of your surroundings. Note the locations of vehicles and their maneuvers (including whether drivers have indicated turns).
- Avoid distractions like headphones or using a cell phone. Paying attention to motorists around you may help prevent serious injuries, especially if drivers are distracted.
- Always assume that a driver has not seen you. Try to make eye contact with a driver before entering the roadway.
- Expect the unexpected from motorists. Never assume a driver will follow the traffic laws.
- Always walk on sidewalks where provided. When walking along roads without sidewalks, walk along the left shoulder. Try to plan walking routes along roads with sidewalks.
- When walking in parking lots or garages, listen for engine noises or look for backup lights. Never walk immediately behind a vehicle with its engine running or its reverse lights on.
- When a parked vehicle has blocked a sidewalk, avoid walking in the street whenever possible.
- Cross at marked crosswalks or intersections whenever possible.
- When crossing the street, listen for vehicles and look left, right, then left again before crossing. Make sure that traffic has stopped in each lane on the road. Stand clear of parked vehicles, bushes, or other objects that may make it difficult for motorists to spot pedestrians.
- When walking at night, wear light-colored clothing or place reflective tape on your visible belongings. Cross the road in well-lit areas whenever possible. Consider carrying a flashlight. If you bring one, hold it at a slight downward angle to avoid shining the light into drivers’ eyes.
Contact an Oklahoma Pedestrian Accident Lawyer
Unfortunately, no amount of caution or rule-following on your part can eliminate the chances of being hit by a car. If you’ve recently been in a pedestrian accident, you may be facing a long and expensive road to recovery. Get the legal representation and advocacy you need to pursue compensation for your medical bills, lost income, and pain and suffering.
Contact Edwards & Patterson Law today for a free, no-obligation consultation with a pedestrian accident attorney. We look forward to discussing your legal options for seeking financial recovery and justice from the driver who hit you.
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Last updated Friday, December 6th, 2024
