Crossing The Road
Veh. & Traf. Law § 1151 — with no signal working, the driver yields in a crosswalk; outside one, the pedestrian yields
In a crosswalk with no signal working, the driver yields. When traffic control signals are not in place or not in operation, the driver of a vehicle yields the right of way, slowing down or stopping if need be, to a pedestrian crossing the roadway within a crosswalk on the roadway the vehicle is traveling on. A pedestrian crossing where a tunnel or overpass has been provided yields to all vehicles instead.
Outside a crosswalk, the pedestrian yields. Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection yields the right of way to all vehicles on the roadway, and so does a pedestrian crossing where a tunnel or overhead crossing has been provided.
A crosswalk does not have to be painted. The rule reaches an unmarked crosswalk at an intersection as well as a painted one. An ordinary intersection with no paint across it still has a crosswalk, and the driver's duty does not wait for a line to be drawn.
| Where the crossing is | Who yields |
|---|---|
| Where the crossing isIn a marked crosswalk | Who yieldsThe driver |
| Where the crossing isIn an unmarked crosswalk at an intersection | Who yieldsThe driver |
| Where the crossing isAnywhere else on the roadway | Who yieldsThe pedestrian |
| Where the crossing isWhere a tunnel or overhead crossing is provided | Who yieldsThe pedestrian |
A pedestrian does not cross a roadway intersection diagonally unless official traffic control devices authorize it, and when they do, only in accordance with the devices for that movement.
The right of way is not unconditional. No pedestrian suddenly leaves a curb or other place of safety and walks or runs into the path of a vehicle so close that it is impractical for the driver to yield.
The car behind. When a vehicle is stopped at a marked crosswalk, or an unmarked crosswalk at an intersection, to let a pedestrian cross, the driver of any other vehicle approaching from the rear does not overtake and pass it.
Crossings at a working signal follow the signal, under sections that are not on this page. Who was at fault in a particular collision, and what a particular ticket means, are questions for a licensed New York attorney.
Sources for this section (2)
- Veh. & Traf. Law § 1151 — Pedestrians' right of way in crosswalks
- Veh. & Traf. Law § 1152 — Crossing at other than crosswalks
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.