Idaho Law Blog
Often the idea of an unmarked crosswalk is misunderstood or misapplied. The lack of understanding this concept can lead to tragic and even fatal accidents between vehicles, pedestrians, and bicyclists. Fortunately Idaho has specific laws to govern the responsibilities of the various users of this area of the road.
Most everybody knows that they must watch for pedestrians in marked crosswalks. These marked crossings often have signs, white paint on the roadway, and even flashing lights to alert drivers to the potential of pedestrians. Drivers know that they should stop for pedestrians and bicyclists. Other drivers are alert to the fact that if one vehicle is stopped at a crossing, it is illegal to pass. What about unmarked crosswalks?
An unmarked crosswalk is one where there are no lines, signs, or flashing lights. Every intersection can be considered an unmarked intersection in the absence of these things. Imagine an intersection that has no sidewalk. The imaginary lines from the side of the street to the opposing side of the same street and parallel to a through street constitute the unmarked crosswalk. Another way of thinking of it is an imaginary sidewalk that continues from one side of the street to the other. Every corner is an intersection whether it is marked or not. Just imagine the sidewalk.
So who has the right of ways at these unmarked crosswalks? Of course, it is the bicyclists and pedestrians. Vehicles in Idaho must stop for pedestrians or bicyclists within the unmarked crosswalk. However, pedestrians and bicyclists cannot just suddenly leave a place of safety and head out into the crosswalk. If they would constitute a hazard to an approaching driver, they must maintain their place of safety. This is not just the law, its common sense.
So remember, crossing at an unmarked crosswalk is not jaywalking. Drivers must yield the right of way to bicyclists and pedestrians within that area of the roadway. However, be safe and smart. Don’t be a hazard to a driver merely because you have the right of way. The injuries that occur in a car vs. pedestrian or bicyclist accident are often catastrophic. Be careful out there and teach your children how to properly cross the street.
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