Posted on Nov 15, 2014
Should service members be able to jaywalk since they have the right of way on a military base?
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I have always been told to stop and wait until it is clear to cross a street. Since joining the military, I have seen a lot of people play chicken with cars on post because of an apparent regulation that states something in the ballpark of "all cars will stop for a soldier crossing the street."
I personally do not want to play chicken with a 1/4 ton vehicle that is traveling on average 25 mph. I'm sorry but I love having the ability to walk to much to play that game. But I constantly see people who think that the car is always just going to stop on a dime just because you're running late for a formation and you do not want to wait.
I can understand having traffic stop for an entire formation heading somewhere, but I feel that if it is just a few people (not in any formation whatsoever) heading somewhere, then they can wait until the coast is clear.
I personally do not want to play chicken with a 1/4 ton vehicle that is traveling on average 25 mph. I'm sorry but I love having the ability to walk to much to play that game. But I constantly see people who think that the car is always just going to stop on a dime just because you're running late for a formation and you do not want to wait.
I can understand having traffic stop for an entire formation heading somewhere, but I feel that if it is just a few people (not in any formation whatsoever) heading somewhere, then they can wait until the coast is clear.
Safety
Posted >1 y ago
Responses: 3
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The J. in my initials stands for my first name, Jay.
So, there I was in DC, just got off work at my civilian job (I'm USAR/TPU), and where I was going was right across the street from where I was. I waited for traffic to clear, and ran across. All of a sudden I hear someone near me holler "Hey you in the suit!".
I turned around and saw a cop getting in my face. He was going to write me a ticket for jaywalking. He asked me my name, and I said "Officer, I better show you my ID, because if I tell you my name you're going to think I'm being a smartass and take me to jail.".
Without missing a beat, he said "Oh, and I suppose your name is Jay Walker?". After seeing my ID and that that is in fact my name, he doubled over with laughter, and yelled "Get the hell out of here before I change my mind."
Of course, that only works once.......
So, there I was in DC, just got off work at my civilian job (I'm USAR/TPU), and where I was going was right across the street from where I was. I waited for traffic to clear, and ran across. All of a sudden I hear someone near me holler "Hey you in the suit!".
I turned around and saw a cop getting in my face. He was going to write me a ticket for jaywalking. He asked me my name, and I said "Officer, I better show you my ID, because if I tell you my name you're going to think I'm being a smartass and take me to jail.".
Without missing a beat, he said "Oh, and I suppose your name is Jay Walker?". After seeing my ID and that that is in fact my name, he doubled over with laughter, and yelled "Get the hell out of here before I change my mind."
Of course, that only works once.......
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Pedestrians always have the right of way. Was it different when you got your license?
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Lt Col (Join to see)
http://www.ncsl.org/research/transportation/pedestrian-crossing-50-state-summary.aspx
You are confusing "pedestrians shouldn't jaywalk" with "right of way". "Right of way" means that a vehicle has to yield to the pedestrian. Go ahead, find me one case where the pedestrian was cited as being at fault in an accident. I'll wait.
You are confusing "pedestrians shouldn't jaywalk" with "right of way". "Right of way" means that a vehicle has to yield to the pedestrian. Go ahead, find me one case where the pedestrian was cited as being at fault in an accident. I'll wait.
Pedestrian Crossing: 50 State Summary
To combat the rise in pedestrian injuries and fatalities and create more walkable communities, state legislatures have been toughening laws regarding the circumstances when a motorist must stop or yield to a pedestrian crossing at an uncontrolled crosswalk.
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Capt Gregory Prickett
Lt Col (Join to see) - Sigh, OK. First, your link only addresses ROW in a crosswalk, not elsewhere. The discussion is about ROW at places other than a crosswalk, that was pointed out in this thread already.
Second, you're in Texas, so let's use Texas law.
CROSSING AT POINT OTHER THAN CROSSWALK. (a) A pedestrian shall yield the right-of-way to a vehicle on the highway if crossing a roadway at a place:
(1) other than in a marked crosswalk or in an unmarked crosswalk at an intersection; or
(2) where a pedestrian tunnel or overhead pedestrian crossing has been provided.
(b) Between adjacent intersections at which traffic control signals are in operation, a pedestrian may cross only in a marked crosswalk.
(c) A pedestrian may cross a roadway intersection diagonally only if and in the manner authorized by a traffic control device. Tex. Trans. Code Sec. 552.005
Note that the statue requires the pedestrian to yield the ROW to a vehicle if he or she is not in a crosswalk. I've written hundreds of those tickets over 20 years as a cop. It's crystal clear. BTW, jaywalking is crossing an intersection diagonally, it is not failing to yield ROW in the middle of a block. Both are offenses under 552.005.
As far as case cites? Bolds v. State, No. 14-07-00952-CR (Tex. App.-Houston [14th Dist.], 2008); and Sosa By and Through Grant v. Koshy, 961 S.W.2d 420 (Tex.App.-Hous. [1 Dist.], 1997).
Second, you're in Texas, so let's use Texas law.
CROSSING AT POINT OTHER THAN CROSSWALK. (a) A pedestrian shall yield the right-of-way to a vehicle on the highway if crossing a roadway at a place:
(1) other than in a marked crosswalk or in an unmarked crosswalk at an intersection; or
(2) where a pedestrian tunnel or overhead pedestrian crossing has been provided.
(b) Between adjacent intersections at which traffic control signals are in operation, a pedestrian may cross only in a marked crosswalk.
(c) A pedestrian may cross a roadway intersection diagonally only if and in the manner authorized by a traffic control device. Tex. Trans. Code Sec. 552.005
Note that the statue requires the pedestrian to yield the ROW to a vehicle if he or she is not in a crosswalk. I've written hundreds of those tickets over 20 years as a cop. It's crystal clear. BTW, jaywalking is crossing an intersection diagonally, it is not failing to yield ROW in the middle of a block. Both are offenses under 552.005.
As far as case cites? Bolds v. State, No. 14-07-00952-CR (Tex. App.-Houston [14th Dist.], 2008); and Sosa By and Through Grant v. Koshy, 961 S.W.2d 420 (Tex.App.-Hous. [1 Dist.], 1997).
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Lt Col (Join to see)
Look, I'm not saying it's legal for pedestrians to cross where ever they want. Clearly, you can be cited for jaywalking. I'm saying that if you are the driver of a vehicle, and you hit a pedestrian for any reason, you will be cited. Find me one instance in a court where a pedestrian was struck by a motor vehicle, then charged with jaywalking.
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Capt Gregory Prickett
Lt Col (Join to see) - "I'm saying that if you are the driver of a vehicle, and you hit a pedestrian for any reason, you will be cited."
That's incorrect. Like I have told you, I have worked accidents where the pedestrian was found at fault in the accident for failing to yield the ROW to the vehicle. The driver of the vehicle was not ticketed. I'm not going to go back to my old PD and ask them to look through records going back to 1990 to find those, nor am I going to pay the open records fees to get copies of those reports and do it myself. That doesn't even take into consideration that all JP courts and many Texas municipal courts are not courts of record, which means that there is not going to be a record to begin with.
The only court records that would be generally searchable are appellate court records via Westlaw, Lexis, Bloomberg, Fastcase, or Casemaker, all of which cost money and which I'm also not going to pay for. In any event, people don't take these type of cases to court - the pedestrian is advised that they will lose, and the driver wasn't cited in the first place.
Next, I wold like you to realize what you are doing here. I've told you what I did as a police officer, and as a lawyer, what the law in Texas states. I've told you my own personal experience on the issue, but you apparently don't believe it. That's pretty much the same as claiming that I'm lying about what I've done and what I've seen other officers do.
Finally, as I noted before, crossing other than a crosswalk is not jaywalking. Only crossing an intersection at a diagonal is jaywalking.
That's incorrect. Like I have told you, I have worked accidents where the pedestrian was found at fault in the accident for failing to yield the ROW to the vehicle. The driver of the vehicle was not ticketed. I'm not going to go back to my old PD and ask them to look through records going back to 1990 to find those, nor am I going to pay the open records fees to get copies of those reports and do it myself. That doesn't even take into consideration that all JP courts and many Texas municipal courts are not courts of record, which means that there is not going to be a record to begin with.
The only court records that would be generally searchable are appellate court records via Westlaw, Lexis, Bloomberg, Fastcase, or Casemaker, all of which cost money and which I'm also not going to pay for. In any event, people don't take these type of cases to court - the pedestrian is advised that they will lose, and the driver wasn't cited in the first place.
Next, I wold like you to realize what you are doing here. I've told you what I did as a police officer, and as a lawyer, what the law in Texas states. I've told you my own personal experience on the issue, but you apparently don't believe it. That's pretty much the same as claiming that I'm lying about what I've done and what I've seen other officers do.
Finally, as I noted before, crossing other than a crosswalk is not jaywalking. Only crossing an intersection at a diagonal is jaywalking.
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SPC Daniel Edwards
"Oh they will see me" I'm never looking for someone crossing the road. I am more looking for another car.
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