“Jaywalking” happens when someone crosses the street outside of a designated crosswalk or against a traffic signal. It’s frustrating for nearby drivers, but it’s also a common occurrence, especially in congested cities. Since jaywalking is illegal in most areas, as a driver, do you have to yield to jaywalkers?

Well, it depends. Generally speaking, if there’s a designated crosswalk, whether marked or unmarked, drivers must yield to pedestrians. In fact, the law often assigns drivers the responsibility to prevent collisions, coining the term “duty of care.” As such, drivers must always remain alert and exercise caution.

However, specific laws for different circumstances vary by state. In New York and Ohio, for instance, motorists have the right of way outside designated crosswalks or when drivers have a proper signal.

If a pedestrian in Ohio crosses a busy street diagonally outside of a crosswalk while cars are legally moving, technically, they are illegally jaywalking, and motorists have the right of way. 

Moreover, in New York, if a pedestrian attempts to cross in a designated area but against their traffic signal, they’re also jaywalking, and motorists have the right of way.

You might say the jaywalkers in these scenarios are crossing “at their own risk.”

Of course, if someone is crossing the street, even illegally, you should just yield (if you can) and let them cross safely.

What’s more, hitting a pedestrian, even a jaywalker, could lead to severe legal consequences. In a certain sense, the court may side with a pedestrian if the driver skirted their “duty of care” in the incident.

Now, jaywalkers won’t be without their own consequences. They could face potential criminal charges and civil liability. This is more likely if the driver was willing but unable to act within their “duty of care” and the jaywalker caused a serious accident.

While frustrating, if you encounter a jaywalker, slow down and give them space. Don’t try to intimidate them by inching closer or honking a whole bunch. This could escalate the situation, cause the pedestrian to panic or get angry, and “influence” them to make a dangerous move.

The NHTSA reports that in 2022, 7,522 pedestrians were killed, and more than 67,000 of them were injured. To lower this somber stat, the NHTSA provides eight tips for drivers encountering pedestrian presence:

• Look out for pedestrians everywhere, at all times.
• Use extra caution when driving in hard-to-see conditions, such as nighttime or bad weather.
• Slow down and be prepared to stop when turning or otherwise entering a crosswalk.
• Yield to pedestrians in crosswalks and stop well back from the crosswalk to give other vehicles an opportunity to see the crossing pedestrians so they can stop too.
• Never pass vehicles stopped at a crosswalk. There may be people crossing where you can’t see.
• Never drive under the influence of alcohol and/or drugs.
• Follow the speed limit, especially around people on the street, in school zones, and in neighborhoods where children are present.
• Be extra cautious when backing up and look for pedestrians.

In a word, then, while many American motorists have the right of way with jaywalkers, they should still yield to avoid hitting pedestrians. All of us should retain our “duty of care” while driving.