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New Year’s Safety Resolutions – Use the “Right of Way” the Right Way

By The Husband and Wife Law Team on January 6, 2017

It’s the New Year, time to make resolutions for the New Year to better yourself and better your life. For many this includes a resolution to get fitter and healthier, and maybe even take up jogging. It’s a great resolution to have, but remember before you take that first step that you will be considered a pedestrian and as such, you’ll need to know how to use the “right of way” the right way!

All over the country it seems to be pretty common knowledge that pedestrians, including joggers and runners, have the right of way; at any time, and under any circumstance. While it’s true that motor vehicles do have to yield to pedestrians, and most would face penalties if they were to hit a pedestrian, there are instances in which pedestrians must give the right of way to vehicles. And while, as a jogger it’s easy to get caught up in your headphones or trying to clear your mind, it’s also important to stay alert and aware, and be aware of what the law says.

In Arizona, the Pima Association of Governments outlines exactly what that law says. According to ARS28-793, when pedestrians are crossing a road at any place other than a marked crosswalk, pedestrians must yield and give the right of way to vehicles. When there is no crosswalk, but pedestrian tunnels or overhead pedestrian crosswalks have been provided, but the pedestrian chooses to cross the actual roadway instead, the pedestrian must also give the right of way to any vehicles on that road.

ARS-795 expands on the pedestrian crosswalk rule, providing instructions on how pedestrians should cross. This should be done “expeditiously, when practical, on the right half of crosswalks.”

ARS28-796 moves away from crosswalks and focuses on sidewalks. The law states that pedestrians must always use a sidewalk when it’s provided and that if none is, pedestrians are to walk or jog on the left shoulder of the road, facing oncoming traffic. This way pedestrians and joggers are more visible to the cars passing them directly. Lastly, no person should ever stand in the middle of a roadway in order to get a ride from another driver or vehicle.

The Pima Association of Governments does outline that drivers are to “exercise due care to avoid colliding with any pedestrian on any roadway,” regardless of the situation or circumstance. However while using the roads, and the sidewalks and crosswalks that come with them, it’s important that everyone does their best to keep everyone safe. A big part of this is understanding how to use the right of way the right way while you’re out jogging.

If you are unsure of the pedestrian laws in Arizona, or you’ve had the misfortune of being hit by a car while out jogging, call the Phoenix pedestrian injury attorneys at Breyer Law Offices, P.C. at (602) 457-6222. We know what the law says about jogging, we know what your rights are, and we are here to help!

Posted in: Pedestrian Accident

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