Do you have to yield to a pedestrian in a crosswalk in New York?
You approach a marked crosswalk with no working traffic signal, and a pedestrian is crossing your lane. What does New York law require?
The answer
Yes. Where traffic signals are not in place or not working, you must yield to a pedestrian crossing in a crosswalk, slowing down or stopping if needed.
Vehicle and Traffic Law section 1151(a) tells drivers to yield the right of way to a pedestrian crossing the roadway within a crosswalk, slowing down or stopping if need be. The DMV Driver's Manual says the same thing in plain words: pedestrians have the right of way at all crosswalks.
A related rule in 1151(c) says that if a vehicle has stopped at a marked crosswalk (or an unmarked one at an intersection) to let a pedestrian cross, drivers coming up behind may not overtake and pass that stopped vehicle.
Exceptions
- A pedestrian crossing at a spot where a pedestrian tunnel or overpass has been provided must yield to vehicles.
- Pedestrians may not suddenly leave a curb or other safe place and step into the path of a vehicle that is too close to yield.
Why this rule matters for safety
People on foot have no protection if a driver fails to stop, so the law puts the duty to slow or stop on the driver. The ban on passing a vehicle stopped for a pedestrian keeps a second driver from entering the crosswalk past that stopped vehicle.
Official sources
- NY Vehicle and Traffic Law section 1151 · New York State SenateSubdivisions (a) to (c): yielding to pedestrians in crosswalks, pedestrian duty not to step into traffic, and no passing a vehicle stopped for a pedestrian. Page text not dated on the version read.
- Driver's Manual, Chapter 11: Sharing the Road · NYS Department of Motor VehiclesPedestrians section: pedestrians have the right of way at all crosswalks. Page shows no revision date.
Rules checked against these sources on . Laws change. Confirm with the New York agency before you rely on this for a legal matter.
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